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3-6-95 agendaCITY OF RICHFIELD MONDAY, MARCH 6, 1995 REGULAR CITY COUNCIL STUDY SESSION 7:00 P.M. COUNCIL CHAMBERS AGENDA CALL TO ORDER 1. 7:00-8:15 P.M. DISCUSSION OF INFORMATION REQUESTED AT 77TH STREET/ILN MAINTENANCE ASSESSMENT PUBLIC HEARING STUDY SESSION LETTER NO. 5 II. 7:15-7:30 P.M. DISCUSSION OF RELOCATION OPTIONS IN 6901 PENN AVENUE BLOCK STUDY SESSION LETTER NO. 6 III. 7:30-7:45 P.M. DISCUSSION OF POLICY AND STRATEGY RECOMMENDATIONS FOR AIRPORT RELATED ISSUES STUDY SESSION LETTER NO. 7 IV. 7:45-8:15 P.M. REVIEW OF PLANNING COMMISSION'S DRAFT OF PROPOSED COMPREHENSIVE REVISION OF ZONING CODE STUDY SESSION LETTER NO. 8 8:15 P.M. ADJOURNMENT AUXILIARY AIDS FOR INDIVIDUALS WITH DISABILITIES ARE AVAILABLE UPON REQUEST. REQUESTS MUST BE MADE AT LEAST 96 HOURS IN ADVANCE TO THE ADMINISTRATIVE SERVICES DIRECTOR AT 861-9702. CITY OF RICHFIELD, MINNESOTA Study Session Letter No. 8 Agenda March 6, 1995 Issue Statement: Review of the Planning Commission's draft of a proposed comprehensive revision of the Zoning Code. Background: The Planning Commission with the help of staff and the City Attorney's office has been reviewing and revising the Zoning Code over the past year. A member of issues have dictated the review including the following: • The Zoning Ordinance is old with archaic terminology. • Amendments have been made on a piecemeal basis. • There are inconsistencies between sections. • Administration of the ordinance is difficult. • Site specific provisions hinder consistency. • New uses force constrained interpretations. • The format is not easily understood or utilized. A comprehensive amendment is being proposed rather than line by line amendment • although such is available for review. Recommended Motion: Listen to the presentation, review the proposed new Zoning Code and provide direction or comments to the Planning Commission and staff before first reading. Basis of Recommendation: 1. The Planning Commission has comprehensively reviewed the Zoning Code. 2. The proposed changes are extensive but the basic philosophy is unchanged. 3. Sections have been rearranged and graphics added to make the code more user friendly. 4. Changes are more easily understood and publication is less costly if the old code is repealed and the new code adopted. 5. The Planning Commission voted unanimously to recommend adoption of the comprehensive revision of the Zoning Code by the City Council. Alternative Recommendation: 1. Table further consideration on the basis that a revision is not needed. 2. Continue to a future Study Session. 3. Refer back to the Planning Commission with instructions for further consideration. Discussion/Decision Mode: This matter will be presented at the City Council Study Session of March 6, 1995. bmitted, James VPro City Manager JDP:ds 0 0 DRAFT RICHFIELD ZONING CODE CITY OF RICHFIELD, MM%iESOTA DRAFT NOTICE The City Code is a comprehensive codification of all City legislation. This package contains only Appendix B (Sections 505 to 550), entitled, "Planning and Land Use Regulations (City Zoning Code)". While this chapter is an integral part of the City Code, its provisions may rely on, or refer to, other portions of the City Code. In those instances the user is referred to the other Sections for completeness. CITY STAFF For additional information, contact the following City of Richfield Departments or Divisions: Richfield City Hall 6700 Portland Avenue South Richfield, MN 55423-2599 Office Hours: 8:00 a.m. to 4:30 p.m., M-F. General Information (612) 861-9700 FAX 861-9749 TDD (hearing impaired) 861-9753 Planning and Zoning Division 861-9764 Building Inspections/Sign Permits 861-9860 Engineering Division 861-9165 Business Licensing/Health Dept. 861-9870 Assessing Division 861-9714 City ClerkNehicle Licensing 861-9730 AMENDMENTS TO THE ZONING CODE Bill No. 1995-x, x/x/95, Code Adoption 0 DRAFT LAND USE CONTROLS IN RICHFIELD 10 The Comprehensive Plan The Comprehensive Plan contains Richfield's policies for the development and use of land in the City. Approved by the Metropolitan Council and adopted by the Richfield City Council in 1982, the Comprehensive Plan is a culmination of planning efforts that started in the 1940s. The objective of the Comprehensive Plan is to provide a framework for guiding the community toward orderly growth by relating, balancing, and harmonizing the physical, social, economic, and cultural features of the community. In accord with Minnesota law and planning practice, the Plan is composed of the following elements: Land Use, Housing, Airport, Utilities, Community Facilities, Transportation, and Implementation. The Land Use Plan Element and the Land Use Map depict the future arrangement of land uses within the community. Uses existing on a particular property are not always consistent with the uses recommended by the Comprehensive Plan. In some areas of the community, City policymakers anticipate land use changes as the community's needs change and redevelopment opportunities arise. The Comprehensive Plan establishes the basis for zoning actions. The Zoning Code The Zoning Code is the legal tool that Richfield uses to regulate the use of land and structures, in order to protect and promote the public health, safety, comfort, aesthetics, economic viability, and general welfare. The Zoning Code implements the Comprehensive Plan by dividing the City into zoning districts. Each district is generally intended for a particular class of land use, such as residential, commercial, or industrial. Within each district the Code defines the uses that are allowed, and under 10 what conditions (if any) they may be allowed. Permitted Uses: Uses (allowed by right) which may be lawfully established in a particular district with no special public hearings, provided they conform with all the requirements, regulations, and performance standards of the district. There may, however, be ordinance requirements for approval of licenses, building permits, parking permits, or other controls (e.g., design district guidelines). Accessory Uses: Uses (allowed by right) which are associated with; incidental to, and located on.the same lot as the principal building or use. Conditional Uses: Uses (either public or private) which because of unique characteristics, cannot be property classified as a permitted use in a particular district. After due consideration in each case, of the impacts of such uses upon adjacent land, and of the public need for such use at the proposed location, such conditional use may or may not be allowed. The Council may place conditions on the granting of such uses. Prohibited Uses: Uses which shall not be established or conducted within a particular district. The Zoning Code also includes district regulations and performance standards for virtually every use in the City. District regulations establish minimum lot sizes, minimum building sizes, the distance buildings must be set back from property lines, building materials, and other criteria which affect the impact of development on adjacent properties and on the community as a whole. Performance standards set forth specific regulations for particular uses, and establish minimum and maximum requirements for landscaping, parking, lighting, etc. Pursuant to the Metropolitan Land Planning Act, the zoning of a particular property may not be in conflict with the land use designation of the Comprehensive Plan. DRAFT RICHFIELD ZONING CODE CONTENTS Pay SECTION 505 ZONING: PURPOSE AND DEFINITIONS 505.01 Title .................................... 505-1 505.03 Purpose .................................... 505-1 ..505.05 Rules of construction . ....... ... ..... 505-1 505.07 Definitions . .................. 505-2 SECTION 508 508.01 508.03 508.05 508.07 . 508.09 508.11 508.13 508.15 508.17 508.19 508.21 508.23 SECTION 510 510.01 510.03 510.05 SECTION 515 ZONING: GENERAL PROVISIONS Interpretation and application ...................... 508-1 Separability ..............................:. 508-2 Uses not listed ....................:.......... 508-2 Fees ...................................... 508-2 Lot provisions ................................. 508-2 Not encroachments ............................. 508-3 Nonconforming uses and structures .................. 508-4 Traffic visibility . .............................. 508-5 Excavation of natural materials ..................... 508-5 Central air conditioning units ...................... 508-5 Home occupations ............................. 508-5 Fences, walls, and hedges ........................ 508-8 ZONING: DISTRICTS Zoning districts ............................... 510-1 District rules ................................ 510-1 Permitted uses ................................ 501-2 ZONING: RESIDENTIAL DISTRICTS 515.01 515.03 515.05 515.07 515.09 515.11 515.13 515.15 515.16 515.17 515.19 515.21 515.23 515.25 515.27 515.29 515.31 515.33 515.35 Single Family Residential District (R) ............... 515-1 Permitted uses ................................ 515-1 Accessory uses ............................... 515-1 Conditional uses .. ................... ..... 515-4 Lot area; width, depth, and coverage .............. 515-7 Required building setback and maximum height ...... :.... 515-8 Additional rules for accessory buildings and uses ......... .515-10 Subdivision of lots ............................. 515-11 Performance standards ........................... 515-11 Low Density Single Family Residential District (R-1) ..... 515-13 Permitted uses ................................ 515-13 Accessory uses ............................... 515-13 Conditional uses .............................. 515-16 Lot area, width, depth, and coverage ........ ....... 515-17 Required building setback and maximum height .......... 515-17 Additional rules for accessory buildings and uses ......... 515-19 Subdivision of lots .............................. 515-19 Performance standards ...................... ... 515-19 [Reserved] DRAFT 0 r Page 515.37 Two Family Residential District (MR-1) .............. 515-21 515.39 Permitted uses ................................ 515-21 515.41 Accessory uses ................................ 515-21 515.43 Conditional uses ............................... 515-24 515.45 Lot area, width, depth, and coverage ................. 515-26 515.47' Required building setback and maximum height .......... 515-26 515.49 Additional rules for accessory buildings and uses ......... 515-27 515.51 Subdivision of lots ............................. 515-28 515.53 Outdoor open space requirement .................... 515-28 515.55 Parking requirement ........ .... ............. 515-28 515.57 Performance standards ........................... 515-28 515.59 Multi-Family Residential District (MR-2) ............. 515-29 515.61 Permitted uses ................................. 515-29 515.63 Accessory uses ................................ 515-29 515.65 Conditional uses ............................... 515-30 515.67 Minimum lot area, floor area, and parking requirements for multi-family dwellings (excluding townhouses) ........ 515-31 515.69 Minimum lot area, floor area, and parking requirements for townhouses ............................... 515-32 515.71 Requirements for all multi-family structures in the MR-2 District 515-32 515.73 Requirements for accessory buildings and uses ........... 5.15-33 515.75 Subdivision of lots ............................. 515-34 515.77 Performance standards ........................... 515-34 515.79 High Density Multi-Family Residential District (MR-3) .... 515-35 515.81 Permitted uses ................................ 515-35 515.83 Accessory uses ................................ 515-36 515.85 Conditional uses ............................... 515-37 515.87 Minimum lot area, floor area, and parking requirements for multi-family dwellings ........................ 515-37 515.89 Requirements for multi-family structures in the MR-3 District .. 515-38 515.91. Requirements for accessory buildings and uses ........... 515-39 515.93 Subdivision of lots ............................. 515-40 515.95 Performance standards ........................... 515-40 515.97 General Regulations for all Residential Districts ........ 515-41 515.99 Signs ...................................... 515-41 515.101 Curing non-permitted uses and structures ............... 515-41 515.103 Uses allowed in district with a conditional use permit ....... 515-41 515.105 Use or structure not permitted in the district ............. 515-43 DRAFT F1 L- -j SECTION 520 ZONING: ComAzRCIAL DISTRICTS Page 520.01 Neighborhood Business District (C-1) ................ 520-1 520.03 Permitted uses ................................ 520-1 520:05 Accessory uses .................................. 520-3 520.07 Conditional uses ............................... 520-4 520.09 Prohibited uses ............................... 520-5. 520.11 Lot area, width, depot, and coverage ................. 520-5 520.13 Required building setback and maximum height .......... 520-6 520.15 Additional requirements for accessory buildings and uses .... 520-7 520.17 Conduct of business operations ..................... 520-7 520.19 Additional regulations and requirements ............... 520-7 520.21 General Commercial District (C-2) ................. 520-9 520.23 Permitted uses .. .. ........................ 520-9 520.25 Accessory uses ................................ 520-11 520.27 Conditional uses ............................... 520-12 520.29 Lot area, width, depth, and coverage ..... ....... 520-19 520.31 Required building setback and maximum height .......... 520-20 520.33 Additional requirements for accessory buildings and uses .... 520-21 520.35 Conduct of business operations ..................... 520-21 520.37 Additional regulations and requirements ............... 520-21 520.39 High Density Commercial District (C-3) .............. 520-23 520.41 Nonconforming uses and structures _ 520-23 520.43 : : ::::::::::::: :: Site plan approval 520-23 520.45 General criteria and standards for site plan review ......... 520-25 520.47 Minimum floor-area ratio ......................... 520-29 520.49 Minimum lot width and area ....................... 520-29 520.51 Solar access requirement ......................... 520-29 520.53 Setback requirements ............................ 520-29 520.55 Parking requirements ............................ 520-29 520.57 Maintenance of landscaping ....................... 520-30 520.59 Security deposit required ......................... 520-30 520.61 Terms of approval .............................. 520-31 520.63 Transitional activity permits ....................... 520-32 SECTION 525 ZONING: INDusTRiAL DISTRICTS 525.01 Industrial District (1) ... ................... 525-1 525.03 Permitted uses ................................. 525-1 525.05 Accessory uses ................................ 525-2 525.07 Conditional uses ............................... 525-3 525.09 Lot area, width, depth, and coverage ................. 525-3 525.11 Required building setback and maximum height .......... 525-4 525.13 Additional requirements for accessory buildings and uses .... 525-4 525.15 Conduct of business operations ............ ....... 525-5 525.17 Additional regulations and requirements ............... 525-5 • SECTION 530 ZONING: PLANNED UNIT DEVELOPMENTS Page - 530.01 Planned unit development (PUD) ................... 530-1 530.03 Unified control ............................... 530-2 530.05 Integrated design .............................. 530-2 530.07 Coordination with subdivision regulations .............. 530-2 530.09 Minimum lot area requirement ..................... 530-2 530.11 PUD districts and allowable uses .................... 530-2 530.13 PUD concept proposal statement .... .............. 530-2 530.15 PUD application ...................... 530-3 530.17 ......... Review of PUD application ....................... 530-6 530.19 Final development plan and conditional use permit ........ 530-8 530.21 Compliance with the PUD plan and final development plan .... 530-10 530.23 Cash escrow required ........................... 530-10 530.25 Plan amendments ...................... 530-11 530.27 ........ Fees ............ ................ ........ 530-11 SECTION 535 ZONING: GROUP HOUSING DEVELOPMENTS Repealed. 535-1 SECTION 540 ZONING: PERFORMANCE STANDARDS 540.01 Purpose and application .................... 540-1 540 03 ...... Exteri li hti . .540.05 or g ng ............................... Traffic/parking studies 540-1 540.07 ........................... Off-street parking and loading requirements ............. 540-1 540-2 540.09 Landscaping and screening requirements ............... 540-2 540.11 Underground utilities ................. 540-2 540 13 .......... Exte i t t f b ildi . r or rea ment o u ngs ..................... 540-2 540.15 Screening mechanical equipment .................... 540-2 540.17 Dumpster enclosures .................... 540-3 540 19 ........ Stor w t . m a er management ......................... 540-3 SECTION 545 ZONING: ADMINISTRATION 545.01 Administration of Zoning Code ..................... 545-1 545.03 Board of Adjustments and Appeals ................... 545-1 545.05 Conditional use permits .................. 545-2 545.07 ........ Zoning Code text and map amendments ................ 545-6 545.09 Variances ................................... 545-7 SECTION 550 ZONING: OFFICIAL MAP - 77TH STREET Repealed. 550-1 SECTION 555 ZONING: ADULT ESTABLISHMENTS 555.01 555 03 Definitions .................................. 555-1 . 555 05 Permitted uses ............................... 555- . Location ................................... 555- DRAFT Richfield City Code (Zoning) Purpose and Definitions 0 SECTION 505 - ZONING: PURPOSE AND DEFINITIONS 505.01. Title. Sections 505 to 550 contain the Zoning Code (or Zoning Ordinance) of the City of Richfield. In Sections 505 to 550, the Zoning Code is referred to as "this code". The City Code of ordinances is referred to as "the City Code". 505.03. Purpose: The purpose of the zoning code is to protect and promote the public health, safety, comfort, aesthetics, economic viability, and general welfare of the City, and specifically to achieve the following objectives: a) to assist in the implementation of the City's Comprehensive Plan; b) to foster a harmonious and workable relationship among land uses; c) to promote the stability of existing land uses which conform to the Comprehensive Plan, and to protect them from inharmonious influences and harmful intrusions; d) to promote the City's great interest in protecting and preserving the quality of its neighborhoods and commercial districts, as well as the quality of urban life, by regulating uses that have adverse impacts or negative secondary effects on the quality of neighborhoods, commercial districts, or the quality of urban life; e) to insure that public and private lands ultimately are used for the purposes which are most appropriate and most beneficial from the standpoint of the City as a whole; f) to foster the provision of adequate light, air, space, bulk, and density; g) to promote a safe and effective traffic circulation system; h) to protect and enhance real property values; and i) to safeguard and enhance the physical appearance of the City. 505.05. Rules of construction. In the construction of this code, the following rules shall be observed and applied, except where the context clearly indicates otherwise: a) the present tense shall include the past and future tenses; b) words in the singular shall include the plural, and the plural shall include the singular; 0 c) the word "shall" is mandatory, and the word "may" is permissive; p. 505-1 Richfield City Code (Zoning) DRAFT Purpose and Definitions d) the phrase "used for" shall include the phrases "designed for," "intended for," "improved for," "iiiaintained for," "offered for," and "occupied for"; e) ' the phrase "residential parcel" shall mean any residentially zoned or used property, including planned unit development districts which contain residential dwelling units; and f) if a conflict arises between the graphic illustrations presented in this code and the text of this code, 'the text shall prevail. 505.07. Definitions. Subdivision 1. For the purpose of this code, the following words and terms shall have the meanings stated: Subd. 2. "Abutting" - Having a common border with, or being separated from such common border by an alley. Subd. 3. "Alley" - A public or private way permanently reserved as a secondary means of access to abutting property. Subd. 4. "Arterial street" - For the purposes of this code, an arterial street means a street which connects adjacent sub-regions and activity centers within sub-regions. The definition includes the following streets and roadways in the City: The Crosstown (Highway No. 62); I-35W; I-494; Minnesota Trunk Highway No. 77; 66th Street between Xerxes and Standish Avenues; Standish Avenue; 76th Street between Girard and Xerxes Avenues; Penn Avenue; Lyndale Avenue; Nicollet Avenue; Portland Avenue; Cedar Avenue between 66th and 77th Streets; 77th Street between I-35W and Trunk Highway No. 77, and Xerxes Avenue between 62nd and 66th Streets (see "Street Designation Map" inserted after Section 550). Subd. 5. "Bed and breakfast inn" - An owner-occupied dwelling unit containing no more than two guest rooms where lodging, with or without meals, is provided for compensation. Subd. 6. "Buffer" - The use of land, space, fences, berms, and/or landscape plantings to screen (or partially screen) one property from another property, thus reducing undesirable influences and Fence effects which a land use may have upon other adjacent or ° gem, nearby land uses. (Figure 1) Figure 1 Subd. 7. "Building, accessory" - A subordinate structure detached from but located on the same lot as the principal building, .the use of which is clearly associated with and incidental to the use of the principal building. Subd. 8. "Building, principal" - A building in which is conducted the primary use of the lot upon which it is situated. p. 505-2 DRAFT Richfield City Code (Zoning) Purpose and Definitions Subd. 9. "Car wash" - A principal building used for the washing of motor vehicles. Subd. 10. "Car wash, accessory" - An accessory building or accessory portion of a principal building containing facilities for the washing of no more than one motor vehicle at a time, and which is accessory to a service station or service station/convenience store. Subd. 11. "Carport" - A roofed automobile shelter open on at least two sides, usually formed by extension of the roof from the side of a building. Subd. 12. "City" - The City of Richfield. Subd. 13. "Collector street" - For the purposes of this code, a collector street means a street which connects neighborhoods within and between sub-regions. The definition includes the following streets and roadways in the City: 69th Street between Xerxes and Penn Avenues; 65th Street between Nicollet Avenue and Rae Drive; Rae Drive between 65th and 66th Streets; 70th Street between Lyndale Avenue and Diagonal Boulevard; 73rd Street between Lyndale Avenue and Diagonal Boulevard; Diagonal Boulevard; 76th Street between Girard and Cedar Avenues; 12th Avenue between 66th Street and I-494; and Bloomington Avenue between 62nd and 66th Streets (see "Street Designation Map" inserted after Section 550). Subd. 14. "Community based residential care facility" - A facility which is similar to a licensed residential care facility, but is exempt from licensing requirements. The term includes facilities that provide supportive living in agreement with Hennepin County, and facilities that provide training, rehabilitation, or other support services. Subd. 15. "Council" - The City Council of the City of Richfield. Subd. 16. "Currency exchange" - Any business or person, except a bank, trust company, savings bank, savings and loan association, credit union, or industrial loan and thrift company, engaged in the business of cashing checks, drafts, money orders or traveler's checks for a fee. Currency exchange does not include businesses or persons who provide such service incidental to their primary business if the charge for cashing a check or draft does not exceed one dollar or one percent of the value of the check or draft, whichever is greater. Subd. 17. "Director" - The Director of Community Development, unless specifically indicated otherwise. Subd. 18. "Driveway" - A permanent concrete, asphalt, or brick area designed to provide ingress and egress for motor vehicles from the street to a garage or other authorized off-street parking area; the term does not include (i) a non-contiguous area exclusively set aside or used for the parking and storage of recreational vehicles and equipment, or (ii) parking lots. • p. 505-3 Richfield City Code (Zoning) DRAFT Purpose and Definitions Subd. 19. "Dwelling" - Any building or portion thereof used exclusively for residential occupancy, including single family, two family; and multi-family dwellings, but not including nursing homes, rest homes, or hotels. Subd. 20. "Dwelling, attached" - A dwelling which is joined to another dwelling at one or more sides by a party wall or walls. Subd. 21. "Dwelling, detached" - A single dwelling which is entirely surrounded by open space on all sides. Subd. 22. "Dwelling, multi-family" - A residential building or portion thereof used for occupancy by three or more families living independently of each other. Subd. 23. "Dwelling, single family" A residential building used for occupancy by one family. Subd. 24. "Dwelling, townhouse" - A building used for occupancy by three to six families living independently of each other. Each dwelling unit is attached horizontally in a linear arrangement with private front and rear entrances and has a totally exposed front and rear wall to be used for entry, light, and ventilation. Dwelling units may be individually owned and an association fee may be paid for maintenance of yard and common areas. • Subd. 25. "Dwelling, twin home" - A residential building containing two dwelling units which are completely separate in every way except that they share a common wall (with no. openings) which separate the units and act as the dividing lot line, where each unit is situated on its own parcel of land. Subd. 26. "Dwelling, two family" - A residential building used for occupancy by two families living independently of each other, where both units are situated on the same parcel of land. Subd. 27. "Dwelling unit" - Residential accommodation including kitchen facilities, permanently installed; which are used for living quarters by one family. Subd. 28. "Easement" - The right of a person, governmental agency, or public utility to use public or private land owned by another for a specific purpose. Subd. 29. "Emergency shelter" - A facility operated by a non-profit, charitable, or religious organization which provides temporary housing for one or more persons who are otherwise homeless. Subd. 30. "Family" - One person or a group of persons related by blood, marriage, or adoption, including foster children and bona fide domestic servants employed on a full-time basis by the family in the dwelling unit; or a group of up to three persons some or all of whom are not related by blood, marriage, or adoption, living together and maintaining a common household. The definition does not include sororities, fraternities, or other similar organizations, p. 505-4 11 DRAFT Richfield City Code (Zoning) Purpose and Definitions Subd. 31. "Floor area, gross" - The sum total of the gross horizontal area of the several floors of a building or buildings, as measured from the exterior faces of exterior walls or from the centerline of party walls separating two buildings. Gross floor area shall include halls, lobbies, elevator shafts and stairways at each floor, enclosed porches, enclosed balconies and enclosed mezzanines, below grade floor areas used for habitation, and floor space used for mechanical equipment where the structural headroom exceeds seven and one-half feet, except equipment, open or enclosed located on the ropf,. i.e., bulkheads, water tanks, and cooling towers. Gross floor area does not include open terraces, open patios, open atriums, 40' 40 X 50 .2,000 open balconies, carports, private garages, parking structures, breezeways, tool 3 so, sheds, special purpose areas for common use of occupants such as recreation rooms, social halls, staff space for therapy or examination in in- care housing, basement space used only for storage purposes, and attics not used for human habitation. (Figure 2) Figure 2 Subd. 32. "Floor area ratio (FAR)" - The gross floor area of all buildings on a lot divided by the lot area. (Figure 3) • Subd. 33. "Garage, private" - An accessory building or accessory portion of the principal building for the private use of the owner or occupant of the principal building, primarily for the storage of motor vehicles, with no facilities for mechanical service or repair of a commercial or public nature. Subd. 34. "Garage, public-auto body" - A premises, not a private garage, used for the refinishing of motor vehicles including paint and body work. Subd. 35. "Garage, public-mechanical" - A premises, not a private garage, used for the servicing, maintenance, or mechanical repair of motor vehicles including both minor work and major engine overhauling. ----- - ------- I lot line I I 40'-0- 50' 3 s?a ?9 I I I I 12,000 Sq. Ft. Lot ---- Gross floor area [6,000] -FAR [.5] Lot area [12,000] - Figure 3 p. 505-5 Richfield City Code (Zoning) Purpose and Definitions Subd. 36. "Group housing development" which consists of two or itore buildings, dwelling units. UXAi='f - A development located on a single lot each of which contains three or more Subd. 37. "Height of building" - The vertical distance to the highest point of the roof for flat roofs; to the deck GABLE line for mansard roofs; HAP and to the average height FLAT MANSARD GAMBREL between eaves and the deck line- ndge ridge for gable, hip and e gambrel roofs, as ,I Height Height Height measured from the average elevation of the lot adjoining the front 0 • building line. (Figure 4) Figure 4 Subd. 38. "Hotel/Motel" - A facility containing six or more guest rooms where lodging is offered for compensation and which may provide supportive services such as restaurants, meeting rooms, and recreational facilities. Subd. 39. "Impervious surface" - A surface that has been compacted or covered with a layer of material so that it is highly resistant to infiltration by water. It includes surfaces such as compacted sand, limerock, or clay, as well as most conventionally surfaced streets, roofs, sidewalks, parking lots, and other similar structures. (Figure 5) Subd. 40. "Junk yard" - Land or building where waste material, or inoperative vehicles or. other machinery are collected, stored, salvaged, dismantled, wrecked, or sold, other than the storage of materials which is incidental to a business or industrial use on the same lot if approved by the City. IMPERVIOUS SURFACE 8 PERVIOUS SURFACE Figure 5 Subd. 41. "Light manufacturing" - A use engaged in the manufacturing of finished products or parts, predominantly from previously prepared materials. Subd. 42. "Lot area" - The total horizontal area bounded by the front, side, and rear lot lines. With respect to planned unit developments only, lot area includes the site plus one-half of the area of abutting streets and alleys. p. 505-6 DRAFT Subd. 43. "Lot, comer" - A lot abutting streets. (Figure 6) Subd. 44. "Lot coverage" - The total ground area covered by buildings on a lot, excluding uncovered swimming pools, uncovered porches, or uncovered ground level. landings. SUM. 45. "Lot depth" - The average horizontal distance between the front and rear lot lines. (Figure 7) Subd. 46. "Lot, interior". - A lot other Richfield City Code (Zoning) Purpose and Definitions ana at the intersection or two or mor J I I I L J L Street Key lot Key lot. front front °/ Q blot line lot Iinc? Q Through lot Interior lot Interior lot than a comer lot. (Figure 6) Figure 6 Subd. 47. "Lot, key" - - The first lot to the rear of a comer lot, the front lot line of which is substantially a continuation of the streetside side lot line of the comer lot, regardless of the presence of any alley or easement. (Figure 6) Subd. 48. "Lot line" - A line which divides one lot from another or from a street or alley. Subd. 49. "Lot line, front" - On an interior lot, the lot line abutting a street; or, on a corner lot, the shorter lot line abutting a street (or as otherwise designated by the Building Official); or, on a through lot, the lot lines abutting the streets. (Figure 7) Subd. 50. "Lot line, rear" - The lot line which is most distant from and parallel, or approximately parallel to the front lot line. Where the rear lot line is less than ten feet in length, or where the lot forms a point at the rear, the rear lot line shall be deemed to be a line ten feet long lying within the lot, connecting the side lot lines and parallel or approximately parallel to the front lot line. (Figure 7) Subd. 51. '"Lot line, side" - Any lot line that is not a front or rear lot line. An "interior" side lot line is a side lot line which abuts another lot or an alley. A "streetside" side lot line is a side lot line which abuts a public street. (Figure 7) Subd. 52. "Lot of record" - A lot whose existence, location, and dimensions have been legally recorded or registered in a deed or on a plat. Subd. 53. "Lot, through" - An interior lot abutting on two or more streets. (Figure 6) Rear Lot Line ............ I ; ; Lot Depth i i ? Side Lot Line , ; Lot Width Front "Lot Line 7Z _ (frontage) _ I._... _._ 1 Street Right-of-Way - --------------- - - Figure 7 T T s s = - o ? o p. 505-7 Richfield City Code (Zoning) Purpose and Definitions DRAFT Subd. 54. "Lot width" - The horizontal distance between the two side lot lines, as measured at the front lot line. (Figure 7, p. 505-7) Subd. 55. "Manufactured home" - A dwelling structure that is transportable in one or more sections and is built on a permanent chassis. Subd. 56. "Motel" - (See Hotel/Motel) Subd. ' 57:. "Nonconforming building" - Any ' building that does not meet the limitations on building size, height, or location on a lot for the district in which such building is located; or any building which houses a nonconforming use. Subd. 58. "Nonconforming use" - A lawful use of land that does not comply with the use regulations for its district, but which complied with the use regulations at the time the use was established. A nonconforming use shall be deemed to be a conforming use if it could be authorized under a conditional use permit where located. Subd. 59. "Outdoor open space" - Open space improved and located to provide outdoor living area for residents. Outdoor open space includes, but is not limited to, lawns and other landscaped areas, walkways, decks, paved terraces and sitting areas, and outdoor recreation areas; outdoor open space shall not include driveways, parking areas, or required front or "streetside" side setback areas. Subd. 60. "Parking lot (area)" - An authorized area not within a building where motor vehicles are stored for the purpose of temporary, daily, or overnight off-street parking. Subd. 61. "Parking structure" - A structure or portion thereof composed of one or more levels or floors used exclusively for the parking or storage of motor vehicles. A parking structure may be totally below grade (as in an underground parking garage) or either partially or totally above grade with those levels being either open or enclosed. Subd. 62. "Public utilities, major" - Public utility buildings with more than 500 square feet of gross floor area; electric sub-stations; or high voltage transmission lines. Subd. 63. "Public utilities, minor" - Public utility buildings with 500 square feet or less of gross floor area; transformer boxes or similar utility features; or low voltage transmission lines. Subd. 64. "Restaurant - Class I" - Full Service Restaurant: restaurants where food and intoxicating beverages are served and consumed by customers while seated at a counter or table, and which may provide entertainment, either live or prerecorded. Subd. 65. "Restaurant - Class II" - Traditional Restaurant: restaurants where food and non-intoxicating beverages are served and consumed while seated at a counter or table; Cafeteria Restaurant: restaurants where food- and non-intoxicating beverages are • selected by customers while passing through a service line and 'taken to a table for consumption. p. 505-8 DRAFT Richfield City Code (Zoning) Purpose and Definitions Subd. 66. "Restaurant - Class III" - Fast Food or Convenience Restaurant: restaurants where most custoders order and are served their food at a counter or in a motor vehicle in packages prepared to leave the premises, or able to be taken to a table or counter to be consumed; Drive-in Restaurant: restaurants where most customers consume their food on-site in a motor vehicle regardless of how it is served. Subd. 67. "Restaurant - Class IV" Take Out Only Restaurant: Establishments where food is usually ordered by telephone and prepared on the premises for consumption off the premises, with no seating.or other area provided on the premises for consumption. The establishment may deliver food to the customer, or the customer may pick food up. Subd. 68. "Service station" - An establishment where gasoline and other petroleum products are sold as the principal use of the property. Light maintenance activities such as engine tune-ups, lubrication, and minor repairs may also be provided if incidental to such principal use. Service stations do not include premises where retail sales space exceeds. 25 percent of the total building area or 500 square feet of gross floor area, whichever is less. Service stations do not include premises where heavy automobile maintenance activities such as engine overhauls, automobile painting, and body work are conducted. Subd. 69. "Service station/convenience store" - An establishment where gasoline and other petroleum products are sold, and where the retail sales space exceeds 25 percent of the total building area or 500 square feet of gross floor area. . Service station/convenience stores do not include premises where heavy automobile maintenance activities such as engine overhauls, automobile painting, and body work are conducted. Subd. 70. "Setback" - The minimum horizontal distance required between a building and the related front, side, or rear lot lines. Subd. 71. "Shopping. center" - A grouping of retail businesses, service establishments, and/or office uses on a single site with common parking facilities. Subd. 72. "Story" - That portion of a building included between the surface of any floor and the surface of the next floor above it, or if there is no floor above it, then the space between such floor and the ceiling above it. Subd. 73. "Story, half" - That portion of a building under a gable, hip or gambrel roof the wall.plates of which, on at least two opposite exterior walls, are not more than two feet above the floor of such story. Subd. 74. "Structure" - Anything erected, the use of which requires more or less permanent location on the ground or attachment to something having permanent location on the ground. is p. 505-9 Richfield City Code (Zoning) Purpose and Definitions DRAFT Subd. 75. "Structural alteration" - Any change, other than incidental repairs, in the supporting members of a building such as bearing walls, columns, beams, girders, or foundation. Subd. 76. "Use, accessory" - A use associated with, incidental to, and on the same lot as, a principal use. Subd. 77. "Use, conditional" A, use, either public or private, which because of its unique characteristics, cannot be properly classified as a permitted use in a particular district. After due consideration in each case, of the impact of such use upon neighboring land, and of public need for the particular use at the particular location, such use may or may not be approved by the Council. Subd. 78. "Use, permitted" - A principal use which may be lawfully established in a particular district, provided it conforms with all the requirements, regulations and performance standards of such district. Subd. 79. "Use, principal" - The primary purpose for which land or premises or a building thereon is designed, arranged or intended or for which it is or may be occupied or maintained. 0 n U Subd. 80. "Use, prohibited" - A use which shall not be established or conducted within a particular district. Subd. 81. "Variance" - A modification or variation of the literal provisions of this code where it is determined that by reason of special or unusual circumstances related to the individual property under consideration, strict application of the code would cause undue hardship, and granting of a variance would not interfere with the general purpose and intent of this code, nor have an adverse impact on surrounding properties. Subd. 82. "Yard" - A required open space located on the same lot with a building, unoccupied. and unobstructed from the ground up, except for landscaping or other uses as provided by this code. The minimum depth or width of a yard shall consist of the horizontal distance between the lot line and the nearest wall of the principal building. Subd. 83. "Yard, front" - An open space on the same lot with the building extending across the entire width of the lot and situated between the front lot line and the nearest line of the principal building, as projected to the side lot line(s). (Figure 8) Rear Lot Line i i ; Side ' Rear yard i Lot Line Side Lot Line i ? i Side BWIdl"Roof i Side - a ? , Yard -- .... .. . ------.:. -- Yard ' Front Yard i - -i - i Front Lot Line Figure 8 p. 505-10 DRAFT" Richfield City Code (Zoning) Purpose and Definitions • Subd. 84. "Yard, rear" - A yard extending across the entire width of the lot and situated between the rear lot line and the nearest line of the principal building, as projected to the side lot line(s). (Figure 8, p. 505-10) Subd. 85. "Yard, side" - A yard lying between the side lot line and the nearest line of the building extending between the front yard and the rear yard, or in the absence of either such front or rear yard, to the front or rear lot lines. (Figure 8, p. 505-10) Subd. 86.. "Zoning district" - An area or areas of the City for which the regulations under this code governing use, land, or structure are uniform. • • p. 505-11 DRAFT Richfield City Code (Zoning) General Provisions • SECTION 508 -20NING: GENERAL PROVISIONS 508.01. Interpretation and application. Subdivision 1. Requirements declared minimum. In their interpretation and application, the provisions of this code shall be held to be the minimum requirements for the protection and promotion of public health, safety, comfort, aesthetics, economic viability, and general welfare. Subd. 2. More restrictive provision to apply. Where the regulations imposed by any provision of this code are either more restrictive or less restrictive than comparable regulations imposed by this code, or any other law, ordinance, statute, resolution, or regulation of any kind, the regulations which are more restrictive or impose higher standards shall govern, unless specifically stated otherwise. Subd. 3. Conformance required. Except as this code specifically provides, no structure shall be erected, converted, enlarged, reconstructed, or structurally altered, and no structure or land shall be used for any purpose nor in any manner which is not in conformance with this code. Subd. 4. Relation to Building Code. This code shall be interpreted in accordance with the rules set forth in Section 400 of the City Code. Subd. 5. Terms not defined. Terms not defined in this code shall have the meanings • given to them by the City Code. Subd. 6. Measured distances. Where measured distances are referred to in this code, the following rules shall apply: a) measured distances shall be made in a straight line, without regard to intervening buildings or objects; b) measured distances expressed in feet are to the nearest one-tenth of a foot; and c) where minimum distances are required between uses, measurements shall be taken from nearest lot line to nearest lot line, unless the use requiring the separation is located within a multi-tenant building with more than 10,000 square feet in gross floor area. In such case, measurements shall be taken from the nearest point of the actual business premises (e.g., lease-space) of the use requiring the separation to the nearest lot line of the property from which the use must be separated. Subd. 7. Setback computations. In computing setback dimensions, measurements shall be taken from the nearest wall of the structure to the related front, side, or rear lot line. It p. 508-1 Richfield City Code (Zoning) General Provisions DRAFT Subd. 8. Private easements or covenants. This code is not intended to abrogate any easement, covenant or any other private agreement, provided that where the regulations of this code are more restrictive or impose higher standards or requirements than such easements, covenants, or other private agreements, the regulations of this code shall govern. 508.03. Separability. It is hereby declared to. be the intention that the several provisions of this code are separable in accordance with' the following: a) if any court of competent jurisdiction shall adjudge any provision of this" code to be invalid, such judgment shall not affect any other provisions of this code not specifically included in said judgment; b) if any court of competent jurisdiction shall adjudge invalid the application of any provision of this code to a particular property, building or other structure, such judgment shall not affect the application of said provision to any other property, building or other structure not specifically included in said judgment. 508.05. Uses not listed. When the proposed use of any building, structure, or premises is not specifically described in this code, the requirements for the use most similar to the proposed use applies. If in the judgment of the Director, a proposed use does not come within any existing use classification, the Director shall refer the matter to the Council for a determination as to whether the use shall be classified as permitted, accessory, conditional, or prohibited in the particular zoning district for which the use is proposed. 508.07. Fees. Fees charged under this code are set by Appendix D, Section 4 of the City Code (see copy inserted after Section 550). 508.09. Lot provisions. Subdivision 1. One building and use. Except in the case of planned unit developments and group housing developments, only one principal building and use may be located on a lot. This subdivision is not intended to prohibit similar types of uses from occupying a multi-tenant building if all other requirements of this code are met. Subd. 2. Frontage requirements. Except in a planned unit development, all lots shall have frontage on a public street. Subd. 3. Through lots. On a through lot, the lot lines abutting both street frontages shall be considered front lot lines. Subd. 4. Front ,Yards. A front yard may not contain any building or other structure except fencing, ornamental outdoor furniture, uncovered parking areas, signage, and landscaping, as permitted or required under this code or the City Code. • p. 508-2 DRAFT Richfield City Code (Zoning) General Provisions 508.11. Not encroachments. The following shall not be considered as encroachments on setback requirements in all zoning districts: a) principal building cornices, canopies, eaves, gutters, and other similar features, provided they project not more than 30 inches into a required yard. In no event shall such features be closer than 24 inches from any lot line;- b) principal building chimneys, flues, vents, and other similar features, provided they project not more than 24 inches into a required yard and are no more than five feet in width. In no event shall such features be closer than 30 inches from any lot line; c) principal building window wells, provided they project not more than 36 inches into a required yard. In no event shall they be closer than 24 inches from any lot line; . d) in required front yards, principal building entry vestibules that extend a distance of six feet or less, provided such vestibule is not more than eight feet in width or more than one story in height; e) in required front yards, principal building balconies that extend a distance 10 of four feet or less, provided they are seven feet or more above grade at the front building line; f) in front yards and streetside side yards, fire escapes attached to the principal building that extend a distance of four feet, six inches.or less; g) in required. front and rear yards, landings, steps, uncovered porches, and other similar features attached to the principal building that extend a distance of six feet or less, provided such landing or uncovered porch does not extend in elevation above=the height of the ground floor level, and in no case shall they be located more than '30 inches off the ground; a railing enclosure no more than three feet in height may be placed around such landing or uncovered porch, unless prior approval for a greater height is granted by the Director; h) in required side yards, uncovered porches attached to the principal building that extend a distance of three feet or less, provided they are not more than 30 inches off the ground. In no event shall they be closer than four feet from any side lot line; and i) in required side yards, principal building steps, stoops, handicap access ramps, and other similar features that extend a distance of three feet or less. In no event shall they be closer than two feet from a side lot line. • p. 508-3 Richfield City Code (Zoning) General Provisions DRAFT 508.13. Nonconforming uses and structures. Subdivision 1. Purposes. This subsection is intended to limit the number and extent of nonconforming uses by prohibiting their enlargement, their re-establishment after abandonment, and alteration or restoration after the destruction of the structures they occupy. Subd. 2. Continuance of nonconforming uses and buildings. A nonconforming use or building lawfully existing upon the effective date of this code or amendments thereto may be continued at the size and in a manner of operation existing upon such date, subject to the provisions of this subsection. Subd. 3. Enlargement of nonconforming use prohibited. There shall be no enlargement, expansion, intensification, replacement, structural alteration, or relocation. of any building or premises devoted to a nonconforming use except to make it a conforming use. Normal building maintenance and repair shall be excepted from this subdivision. Subd. 4. Enlargement of nonconforming building. A nonconforming building occupied by a conforming use may be enlarged if the expansion meets all applicable City Code requirements. Subd. 5. Termination of nonconforming use. A nonconforming use shall not be resumed if normal operation of the use has been abandoned for a period of 12 or more months. Time shall be calculated as beginning on the day following the last day in which the use was in normal operation and shall. run continuously thereafter. Following the expiration of 12 months, only uses which conform to this code shall be established. If a nonconforming use of land. on which there is no substantial building is discontinued for a period of 10 or more days, any subsequent use of the land shall be in conformity with this code. Subd. 6. Replacement of nonconforming use with conforming use. If a nonconforming use is superseded or replaced by a conforming use, the nonconforming use status. of the premises and any rights which arise under the provisions of this subsection shall terminate. Subd. 7. Damage of nonconforming building. If a nonconforming building is damaged by any means, including fire or water, to the extent that the cost of repairing or restoring such damaged building would be 50 percent or more of the fair market value at the time of the damage, then it shall not be reconstructed except in full compliance ' with this code, except that any lawful nonconforming single family dwelling which existed on or before May 9, 1968 may be reconstructed if it is unintentionally damaged, provided that the degree of nonconformity is not increased. If reconstruction of a nonconforming building is not completed within 12 months after such damage, all subsequent construction and use shall be in full compliance with this code. The determination of the extent of the damage and the fair market value of the building or structure shall be made by the Council. p. 508-4 DRAFT 508.15. Traffic visibility. On corner lots in all districts, nothing shall be erected, placed, planted, or allowed to grow in such a manner as to obstruct vision between the height of 30 inches and ten feet above the abutting curb line of the intersecting streets within a triangular area defined as follows: beginning at the intersection of the projected curb lines of two intersecting streets, thence 50 feet along one curb line, thence diagonally to a point 50 feet from the point of beginning on the other curb line, thence to the point of • Subd. 8. Junk yards. A junk yard existing as a nonconforming use shall not be continued unless located in an industrial zoning district. Such junk yard shall be completely enclosed within a building or within a continuous solid fence not less than eight feet in height and of such additional height as to screen completely all the operations of the junk yard. The plans of the building or fence must be approved by the Building Official. Subd. 9. Safety- Nothing in this subsection shall prevent the repairing of a building to a safe condition when said building is declared unsafe by the proper authority, provided the necessary repair shall not constitute 50 percent or more of fair market value of the building as determined by the Council • • Richfield City Code (Zoning) General Provisions o\??05 Roadway ?`VI - Curb Right-of-way iBoulewro - Lot Line c ? e _ ? Goth U S 0 J beginning". (Figure 9) Figure 9 508.17. Excavation of natural materials. Nothing in this code prohibits the excavation of natural materials for the construction of a building permitted in a district in which the same is located if the building is to be constructed on the lot from which the material is excavated. Excavations shall not be made, however, in violation of any provision of this code or the City Code. 508.19. Central air conditioning units. Central air conditioning units shall not be located forward of the front building line, and shall not be located closer to any side lot line than the minimum side setback requirement for the principal building. 508.21. Home occupations. Subdivision 1. Home occupation defined. A home occupation is a business activity of a service character which is clearly incidental to the principal use of the premises as a dwelling, and which does not alter the exterior of the property or affect the character of the neighborhood. Subd. 2. Purposes. The purposes of this subsection are to: (i) allow for home occupations which are appropriate for residential settings; (ii) protect those conducting a home occupation from self-induced harm; and (iii) protect the property rights of neighbors. p. 508-5 Richfield City Code (Zoning) General Provisions DRAFT Subd. 3. Compliance required. A home occupation may be established and conducted only in accordance with this subsection. Subd. 4. Subordinate use. A home occupation shall be permitted as an accessory use to a residential dwelling unit. The home occupation use must be clearly subordinate to the residential use of the property and must be conducted by a person or persons who reside in the dwelling. Subd. 5. _ Activities. A home occupation must be conducted in such a manner that activities connected with it are not noticeable from adjacent streets or residential lots, and except as permitted in Subd. 6 below, do not draw attention to the home occupation. All activities related to a home occupation must be conducted within a fully enclosed building. Subd. 6. Advertising. One sign not exceeding two square feet in area which states the general nature of the home occupation, may be erected on the premises in accordance with the provisions of this code and Section 416 of the City Code. No other advertising sign, device, or display may be used to invite attention to the home occupation. Subd. 7. Outside storage and vehicles. No outside storage of products or materials or equipment connected with the home occupation is permitted. This subdivision does not prohibit. the outside parking of motor vehicles on the driveway of the premises in accordance with Subd. 8 below, provided that such vehicle parking is not otherwise prohibited by Section 1320 of the City Code. Subd. 8.. Outdoor parking of commercial vehicle. Outdoor parking of no more than one commercial type vehicle or vehicle identified for business purposes is permitted, provided that the vehicle does not exceed 3/4 ton capacity, that the vehicle is registered to an occupant of the home, and that the vehicle is parked in a landscaped location on the property, as approved by the Director. Subd. 9. Parking., structural chaneg`ghting. Parking, structural alteration, lighting or similar facilities which indicate a use of the dwelling for purposes other than a residential structure are prohibited. Home occupations involving the need for more than three outdoor parking spaces for the operators and customers shall be prohibited. Parking facilities required to serve the home occupation shall be provided on the premises, but no such parking facilities shall be provided within any required front or side yard, except upon an established driveway. Subd. 10. Retail sales. Continuous retail sales of products on the premises are prohibited. Occasional sales of products or other articles are permitted where the dwelling serves as an office for a person regularly engaged in retail sales outside the dwelling, or where such occasional sales are incidental to and not the primary purpose of the home occupation. r-J p. 508-6 DRAFT Richfield City Code (Zoning) General Provisions Subd. 11. Specific activities prohibited. The following activities shall not be allowed as home occupations: a) the repair, whether for consideration or not, of motor vehicles which are not registered to a resident of the dwelling on the property where the repair is made, or to a son or daughter, sibling, parent, grandparent, or grandchild of a resident of the property; b) adult business establishments regulated under Section 605 of the City Code or Section 555 of this code; c) the practice of medical, dental, chiropractic, psychiatric, or other similar treatment or therapy, including acupuncture, where the person(s) providing such treatment or therapy is not licensed by the State of Minnesota to administer such treatment or therapy; d) businesses, educational programs, or similar gatherings which meet on a regular basis, having more than six non-resident adults in attendance at one time; e) pet grooming or pet care facilities, except those legally existing on or before March 1, 1995; f) gun or ammunition sales/repair, except those legally existing on or before March 1, 1995; g) music instruction, unless conducted within a single family (detached) dwelling; and h) tattoo businesses. Subd. 12. Performance standards. A home occupation may not adversely impact the residential character of the dwelling or its neighborhood because of the emission of noise, odor, water, smoke, dust, gases, heat, glare, vibration, electrical interference, or parking or traffic resulting from the conduct of the home occupation. Subd. 13. Non-resident employee. One person in addition to the person or persons who occupy the dwelling may be employed at the residence if a conditional use permit is issued in accordance with Subsection 545.05 of this code. Subd. 14. Hours of operation. The hours of operation for any home occupation shall be limited to between 7:00 a.m. and 9:00 p.m.. Subd. 15. Use of equipment. No mechanical or electrical equipment requiring in excess of 220 volts single phase shall be permitted in the conduct of a home occupation, and no electric motor shall exceed three horse power. p. 508-7 Richfield City Code'(Zoning) DRAFT General Provisions 508.23. Fences walls and hed es. Subdivision 1. General rule. A fence; wall, or hedge may occupy a lot as provided in this subsection. Subd.2. Definitions: a) "Hedge" - a row of shrubbery which forms or is intended to form a barrier.. b) "Wall" - this term includes . retaining walls, freestanding walls, and decorative or privacy walls. Subd.3. Height: a) no fence, wall, or hedge more than four feet in height shall be constructed or permitted to grow forward of the front line of the principal building extended to the side lot lines; b) no fence or wall more than six feet in height shall be constructed elsewhere on the lot, except that in "C-2" and "I" districts, the maximum height shall be eight feet. A building permit shall be required for fences and walls over six feet in height; and c) whenever a fence or wall is used in combination, or placed upon a berm, the combined height shall not exceed the permitted heights outlined in paragraphs a) and b) above. Subd. 4. Corner lots. Fences, walls, and hedges located on any comer lot are subject to the traffic visibility requirements described in subsection 508.15. Subd. 5. Setback requirement. Fences, walls, and hedges located along a right-of- way. which contains a public sidewalk, or located along a street or alley, shall be set back not less than three feet from the nearest edge of such sidewalk, street, or alley. Refer to Section 811 of the City Code regarding placement of fences, walls, and hedges on public property. Subd. 6. Prohibitions. Barbed wire and electric wire fences are prohibited in all districts. Fences shall not be constructed from chicken wire, welded wire, branches, or materials originally intended for other purposes, unless upon the. showing of a high degree of architectural quality achieved through the use of such, prior approval is granted by the Director. Subd. 7. Chain link. Chain link fences shall have a top rail and the barbed ends shall be toward the ground. Inserts or slats which are woven through such fences shall be kept in a good state of repair. 0 p. 508-8 0 DRAFT Richfield City Code (Zoning) General Provisions Subd. S. Posts. Posts and stringers on any fence located at or near the lot line shall be on the inside of the fenced area unless designed as an integral part of the fence. Posts for wooden and chain link fences shall be spaced at intervals not to exceed eight feet. Subd. 9. Construction and maintenance. All fences and walls shall be constructed of durable, weather resistant materials which are properly anchored. All fences and walls shall be maintained in a condition of reasonable repair and shall not be allowed to become and remain in a condition of disrepair, danger, or constitute a nuisance. Subd. 10. Required screening. Any fence or wall required as a screening device shall be constructed of decay resistant materials which provide screening to the extent required by the Richfield Landscape Requirements, on file with the Office of Community Development. Subd. 11. Tennis courts. An open chain link fence not exceeding ten feet in height shall be permitted to enclose tennis courts provided such fence is setback at least 15 feet from any lot line. Subd. 12. Certain structures. Fences and walls legally existing on or before March 20, 1982, may continue to exist and to be repaired and maintained. • • p. 508-9 DRAFT Richfield City Code (Zoning) Districts SECTION 510 -ZONING: DISTRICTS 510.01. Zoning districts. Subdivision 1. Establishment of districts. In order to carry out the purposes and provisions of this code, the City is hereby divided into the following zoning districts: DISTRICT TITLE ABBREVIATION Single Family Residential R Low Density Single Family Residential R-1 Two Family Residential MR-1 Multi-Family Residential MR-2 High Density Multi-Family Residential MR-3 Neighborhood Business C-1 General Commercial C-2 Hieh Density Commercial C-3 Planned Residential PR Planned Two Family Residential PMR-1 Planned Multi-Family Residential PMR Planned Neighborhood Commercial PC-1 Planned General Commercial PC-2 Planned Industrial PI Subd. 2. District boundaries. The location and boundaries of the zoning districts established in this code are set forth on the zoning maps entitled "Richfield Zoning Maps",' and in "Appendix 1" to this code which delineates the legal descriptions of land within each zoning district. The Richfield Zoning Maps and Appendix 1 are on file and open to, public inspection during regular City office hours in the Office of Community Development. In case of a conflict between the Richfield Zoning Maps and Appendix 1, Appendix i shall prevail. The Richfield Zoning Maps and Appendix 1 are incorporated into and made a part of this code by reference. 510.03. District rules. Subdivision 1. The rules set out in this subsection apply to all zoning districts. Subd. 2. Lots which lie within two zoning districts. Where a district boundary line divides a lot of record placing it into two separate zoning districts, the provisions of this code which pertain to either zoning district may be applied to the entire lot or for a distance of 30 feet from such district boundary line, whichever is less. • p. 510-1 DRAFT Richfield City Code (Zoning) R District SECTION 515 -:ZONING: RESIDENTIAL DIST1t m 515.01. Single Family Residential District (R). Subdivision 1. Subsections 515.01 to 515.16 apply to the R District. Subd. 2. Purposes. The purposes of the R District are to: a) protect and preserve the single family residential character of R District properties that are in conformance with the Comprehensive Plan and this code; b) reserve appropriately located areas for new and replacement single family dwellings at densities which are consistent with sound standards of public health; c) ensure adequate light, air, privacy, and open space for each dwelling; d) minimize traffic congestion and avoid the overloading of utilities by preventing the construction of buildings of excessive size (or density) in relation to the surrounding land, buildings, or infrastructure; and e) protect residential properties from noise, illumination, unsightliness, odors, dust, dirt, smoke, fire, vibration, heat, glare, and other objectionable or hazardous influences. 515.03. Permitted uses. Subdivision 1. The uses listed in this subsection are permitted uses in the R District. Subd. 2. Single family (detached) dwellings. Subd. 3. Licensed residential care facilities or community based residential care facilities serving six or fewer persons provided they are not located within 1/4 mile of another such facility, except as provided for in Section 515.07, Subd. 2 of this code. Care facilities located within the R District shall be subject to the same zoning regulations as single family dwellings in the R District. Subd. 4. Governmental buildings and public libraries, including their appurtenances. Subd. 5. Minor public utilities. 515.05. Accessory uses. Subdivision 1. The uses. listed in this subsection are allowable accessory uses in the R District. Subd. 2. Private garages which do not exceed 1,000 square feet in gross floor area, and which do not exceed an aggregate of 1,200 square feet in gross floor area when combined with all other accessory buildings and attached garages on the lot. p. 515-1 r1 lJ Richfield City Code (Zoning) R District DRAFT Subd. 3. Greenhouses which do not exceed 175 square feet in gross floor area, and which do not exceed an aggregate of 1,200 square feet in gross floor area when combined with all other accessory buildings and attached garages on the lot, and further provided that no sale of products is conducted on the lot. Subd. 4. Storage buildings which do not exceed 175 square feet in gross floor area, and' which do not exceed an aggregate of 1,200 square feet in gross floor' area when combined with all other accessory buildings and attached garages on the lot. Subd. 5. Gazebos which do not exceed 175 square feet in gross floor area, and which do not exceed an aggregate of 1,200 square feet in gross floor area when combined with all other accessory buildings and attached garages on the lot. Subd. 6. Carports which do not exceed an aggregate of 1,200 square feet in gross floor area when combined with all other accessory buildings and attached garages on the lot. is Subd. 7. Private swimming pools as defined in Section 420 of the City Code, provided that such swimming pools and related equipment be located (i) at least ten feet from any rear lot line, (ii) at least ten feet from any interior side lot line, (iii) at least. 15 feet from any streetside side lot line, and (iv) at least six feet from the principal building and any non-pool related accessory structure. Subd. 8. Licensed day care facilities serving 12 or fewer persons, or group family day care facilities licensed under Minnesota Rules, parts 9502.0315 to 9502.0445 serving 14 or fewer persons, or as otherwise permitted by law. Subd. 9. Licensed foster family homes serving six or fewer children, or as otherwise permitted by law. Subd. 10. Private driveways, parking areas, and sidewalks for residential uses, provided the following conditions are met: a) all such driveways, parking areas, and sidewalks shall be set back no less than one foot from any lot line abutting another parcel, except that upon written request from the landowner, the Director may reduce or rescind this setback requirement for shared access agreements or with a finding of necessity and public convenience; b) all such driveways, parking areas, and sidewalks shall be constructed with concrete, asphalt, concrete pavers, brick set - in compacted sand, or other material approved by the Director; • p. 515-2 DRAFT Richfield City Code (Zoning) R District • c) unless the Director authorizes a greater amount for landscape purposes, the maximum impervious surface coverage within the front yard area shall comply with the following table: Lot Width 50 feet or less: 51-60 feet: 61-70 feet: 71-80 feet: over 80 feet: Maximum Imnervious Coveraze Within the Front Yard Area 50% 48% 46% 44% 42% d) within the front yard area, no more than three parking spaces shall be permitted -- the area between each garage stall and the street shall count as one parking space; e) driveways, where located within the boulevard, are subject to the following requirements: (i) they shall not exceed 22 feet in width (curb cut radii excluded); 0 (ii) curb cut radii (five feet minimum) shall not encroach upon the boulevard of abutting properties; (iii) on corner lots, driveways shall be set back at least 30 feet from an intersection, as measured from the point where the extended curb lines of the streets intersect; (iv) only one curb cut shall be permitted from a public street to an interior lot. A corner lot may have one curb cutfrom each public street,' provided the driveway setback requirement in item (iii) above is met; and (v) upon written request from the landowner, items (i), (ii), (iii), and (iv) above may be varied by the Director with a finding of necessity and public convenience. f) driveways, parking areas, and sidewalks legally existing on or before December 31, 1993, may continue to exist and to be repaired and maintained, except that upon full replacement, such driveway, parking area, or sidewalk shall comply with this subdivision; and g) any expansion or installation of a driveway, parking area, or sidewalk on a lot shall be subject to a City permit. • p. 515-3 Richfield City Code (Zoning) R District . DRAFT • Subd. 11. Satellite dish antennas and other antennas and towers that are incidental to the principal use on the premises, provided that they conform to Section 425 of the City Code and meet the following additional requirements: a) if more than one such structure is proposed, they shall be clustered in a single.grouped location; b) no advertising message shall be on the antenna structure; c) such structures shall be screened to the greatest extent practicable to minimize visual impacts on surrounding properties. Screening shall include landscape materials for ground mounted antenna structures, and materials compatible with those utilized on the exterior of the building for roof mounted antenna structures. Screening plans shall be approved by the Director; and d) such roof-mounted structures shall not extend higher than ten feet above the highest point of the roof, except as provided for in Section 515.07, Subd. 8 of this code. Subd. 12. The accommodation of one roomer in addition to the family, provided that: (i) the roomer plus the family shall not exceed a total of five persons; (ii) such • arrangement does not constitute an accessory apartment; and (iii) adequate off-street parking is available (see definition of family). Subd. 13. Home occupations which are operated in accordance with Section 508.21 of this code. Subd. 14. Fences, walls, and hedges as permitted in Section 508.23 of this code. Subd. 15. Gardening, provided no sale of products is conducted on the lot. Subd. 16. Parking for non-residential principal uses (e.g., schools or churches), as authorized by a Council approved off-street parking permit. Subd. 17. Other uses customarily associated with, but incidental to the principal use, as determined by the City pursuant to Section 508.05 of this code. 515.07. Conditional uses. Subdivision 1. The uses listed in this subsection are conditional uses in the R District, and are subject to the conditional use permit provisions outlined in Section 545.05 of this code. Subd. 2. Licensed residential care facilities or community based residential care facilities serving seven or more persons, or such facilities which are located within 1/4 mile of another such facility. Care facilities located within the R District shall be is subject to the same zoning regulations as single family dwellings in the R District. p. 515-4 DRAFT Richfield City Code (Zoning) R District • Subd. 3. Accessory day care facilities serving more than 12 persons licensed by the appropriate governmental authorities, or accessory group family day care facilities licensed under Minnesota Rules, parts 9502.0315 to 9502.0445 serving more than 14 persons, or. as otherwise permitted by law, provided such facilities are located in non- residential buildings (e.g., schools or churches) and the following conditions are met: a) parking lot setback and screening shall comply. with the Richfield Landscape Requirements, on file with the Office of Community Development; b) designated pick-up and drop-off areas shall be located on the site; and c) outdoor play areas shall be set back at least 15 feet from any lot line which abuts a residential parcel. Subd. 4. Accessory foster family homes licensed.by the appropriate governmental authorities serving more than six children, or as otherwise permitted by law. Subd. 5. Private non-commercial recreational facilities as a principal use. Subd. 6. Two family dwellings, provided the following conditions are met: a) the lot shall abut an arterial or collector street; • b) the lot area, width, and depth shall comply with Section 515.09, Subd. 2 of this code; c) two off-street parking spaces, one of which must be enclosed in a garage, shall be provided for each dwelling unit; d) driveway access to the property from public streets shall be allowed in accordance with Section 515.05, Subd. 10, paragraph e), item (iv); e) for new construction each dwelling unit shall contain at least 750 square feet of interior floor space, and for conversion of a single family dwelling to a two family dwelling each unit shall contain at least 500 square feet of interior floor space. For the purpose of this subsection, interior floor space shall include the total horizontal area of the dwelling unit as measured from the interior walls of the unit; and f) the structure shall meet all setback requirements for two-family dwellings as indicated under Section 515.11, except that a single family dwelling which does not meet the required two family interior side setback may be converted into a two-family dwelling if the dwelling is not expanded or if the expansion meets all applicable two family dwelling requirements. 0 p. 515-5 Richfield City Code (Zoning) A F T R District Subd. 7. Bed and breakfast inns, provided the following conditions are met: a) no more than two rental rooms shall be provided; b) at least two off-street parking spaces (may include garage stalls) shall be provided for the residence, and at least one off-street parking space shall be provided on the lot for each rental room; c) the use shall be contained within a single family detached dwelling; d) outdoor parking areas shall be screened with landscape materials; and e) the operator shall secure all applicable licenses and approvals from the city, county, state, or other applicable jurisdictions before the conditional use permit will become effective. Subd. 8. Accessory roof-mounted antennas which extend higher than ten feet above the highest point of the roof. Subd. 9. Public or private elementary and high schools, and other similar learning institutions, provided the following conditions are met: a) pick-up and drop-off areas shall be designed. to enhance vehicular and pedestrian safety; b) outdoor recreational facilities designed for group activities shall be set back at least 40 feet from any lot line; c) buffering shall be provided to mitigate noise and adverse visual impacts on adjacent properties; and d) lighted playing fields shall be permitted only upon demonstration that off site impacts can be mitigated substantially. Subd. 10. Cemeteries (may include mausoleums and crematories), provided the following conditions are met: a) the lot area shall be not less than five acres; b) direct views from all abutting residential property shall be buffered in accordance with the Richfield Landscape Requirements, on file with the Office of Community Development; c) the use shall abut an arterial or collector street and access shall be achieved without conducting significant traffic on local residential streets; and d) any crematory shall be set back not less than 600 feet from any lot line. p. 515-6 DRAFT Richfield City Code (Zoning) R District • Subd. 11. Religious institutions and related convents or parsonages, provided the following conditions are met: a) outdoor facilities designed for group activities shall be set back at least 40 feet from any lot line; and b) buffering shall be provided to mitigate noise and adverse visual impacts on adjacent properties. Subd. 12. Emergency shelters within non-residential buildings (e.g., schools or churches) provided the following conditions are met: a) the shelter shall serve no more than 16 persons at one time; and b) meals for those served by the shelter shall be prepared in a kitchen approved for commercial use. Subd. 13. Major public utilities. Subd. 14. Other uses similar to those conditionally permitted by this section, as determined by the City pursuant to Section 508.05 of this code. 515.09. Lot area, width, depth, and coverage. Subdivision 1. Standards. The standards -set out in this subsection apply in the R District. Subd. 2. Minimum lot area. width, and depth: s NSs`< 6,700 S q. Ft. 50 Ft. 100 Ft. `3<?(><'?<' 9,000 S . Ft. 60 Ft. 100 Ft. :.: >3€1?;121t IDE'hL41Ez :...... 40,000 S . Ft. 150 Ft, 100 Ft. Subd. 3. Special grandfather clause for certain R lots. A lot that was a lot of record on or before March 1, 1995 located in the R District which does not meet the minimum requirements set forth in this code as to area and dimensions, may be used for single family (detached) development provided that the width of such lot is not less than 40 feet and such lot contains at least 5,000 square feet in area. When computing lot width and area, the area which is unencumbered with street, alley, or highway easements shall be used: Subd. 4. Maximum lot coverage: Lots of 7,000 S q. Ft. or less: 35% Lots of over 7,000 S q. Ft.: The greater of 25% or 2,500 S q. Ft. Non-residential uses: 50% p. 515-7 Richfield City Code (Zoning) R District DRAFT 515.11. Required building setback and maximum height. Subdivision 1. Standards. The standards set out in this subsection apply in the R District. 0 Subd. 3. Additional setback requirement vehicle access door facing a side or rear lot line. Whenever any building (principal or accessory) is located in such a manner that a vehicle access door faces a side or rear lot line, such side or rear setback requirement shall be not less than 20 feet, except under the following conditions: a) if a vehicle access door faces a "streetside" side lot line which abuts a non- arterial or non-collector street, such "streetside" side setback requirement shall be not less than 15 feet; or b) if a vehicle access door faces a rear lot line which abuts an alley, such rear setback requirement shall be not less than 15 feet; or c) if a vehicle access door faces an "interior" side lot line on a lot that is less than 45 feet in'width, such "interior" side setback requirement shall be not less than 15 feet. i Subd. 4. Additional setback requirement: all structures located on a corner lot which abuts a key lot. On a comer lot which abuts a key lot, the streetside side setback requirement of such comer lot shall be equal to the front setback of any existing principal building on? the key lot or 30 feet, whichever is less, however, in no case shall such streetside side setback requirement be less than 12 feet. (Figure 10) - Corner lot ? - -- "streetside" side lot line o- '? c required setback -?; existing Key lot= tb c baa k set front lot line - e curb Figure 10 p. 515-8 Subd. 2. Required setback and maximum height: DRAFT Richfield City Code (Zoning) R District 0 Subd. 5. Additional height for non-residential buildings. The following height exceptions apply to non-residential buildings in the R District: a) the maximum building height may be increased to no more than 75 feet, provided that the required setbacks shall be increased by one foot for each foot of building height in excess of 42 feet; and b) notwithstanding paragraph a) above, the maximum height for towers, spires, or water tanks may be increased to no more than 150 feet provided that such structure does not exceed 15 percent lot coverage or 1,600 square feet in gross floor area at the base, whichever is less. Subd. 6. Setback reductions for principal buildings. The following setback reductions apply in the R District: a) on a corner lot, the streetside side setback requirement shall be the lesser of 12 feet or the established streetside side setback of the existing principal building on the same lot for single family and two family structures. In any case the provisions of paragraphs d) and e) of this subdivision shall be applicable; b) the front setback requirement for a new single family dwelling on a lot may be reduced to not less than the average existing front setback of the single family dwelling(s) which front on the same street and abut such lot, to a minimum setback of 20 feet; c) with respect to single family homes existing on or before March 1, 1995, the interior side setback requirement may be reduced *to not less than three feet for the purpose of constructing an attached garage, provided the following conditions are met: • .(i) a letter of consent signed by the owner of the property which abuts the interior lot line shall be submitted to the City; (ii) the garage shall be located a distance of not less than eight feet from any building on an abutting lot; (iii) the width of the garage shall not exceed 20 feet, and the length shall not exceed 26 feet; (iv) the garage wall most parallel and adjacent to the interior lot line shall have no more than a one foot roof overhang (eave projection); p. 515-9 Richfield City Code (Zoning) R District a) the interior side setback requirement for accessory buildings located entirely five or more feet beyond the rear building line of the principal building may be reduced to three feet. (Figure 11) • (v) the garage wall most parallel and adjacent to the interior lot line shall be constructed with no openings, and with materials which provide a one hour fire rating; and (vi) a drainage plan shall be approved by the City Engineer's office prior to issuance of building permits. d) windows or window units may project a maximum of 24 inches into a required front yard, streetside side yard, or rear yard of a dwelling, provided that the floor area is not increased by more than ten square feet, however, in no case shall they be closer than six feet from any lot line; and e) those items classified as "not encroachments" in Section 508.11. Subd. 7. Setback reductions for residential accessory buildings. setback reductions apply in the R District: 0 b) on lots which provide alley access to the rear, a detached garage may be located no less than two feet from the rear lot line, provided that the setback requirement of Section 515.11, Subd. 3 of this code and all building codes are met. DRAFT The following Rear Lot Line r - -'1 i ? i rear i T_-A L<- building i I line ! LGara.ge i y ? 5?... i T.?...._..... House ! Interior Side i i Lot Line i i l ! i ? i i ?- Front Lot Line Figure 11 515.13. Additional rules for accessory buildings and uses. Subdivision 1. The additional rules set out in this subsection apply to accessory buildings and uses in the 'R District. Subd. 2. Accessory buildings shall be located not less than five feet from any other building (dwelling included) on the lot. The Building Code requires fire protected walls for buildings located less than six feet apart. The eave overhang from adjacent structures on the same lot shall be no less than four feet apart. Subd. 3. The roof overhang (eave projection) for accessory buildings shall not be located closer than two feet from any lot line. 0 Subd. 4. No accessory building on any lot, except through lots, shall be situated forward of the front line of the principal building. p. 515-10 DRAFT Richfield City Code (Zoning) R District Subd. 5. In the case of a through lot, no accessory building shall be located within 30 feet of the lot lines abutting either street. Subd. 6. No accessory building shall be constructed on any residential parcel prior to the time of construction of the principal building on the lot, unless specifically approved by the City Council. Subd. 7. No more than one detached garage, no more than one greenhouse, no more than one storage building, and no more than one gazebo shall be located on a residential parcel. Subd., S. No accessory building shall be more than one story in height, greater in lot coverage than the principal building, or greater in height than the principal building. 515.15. Subdivision of lots. Whenever a lot in the R District is subdivided or re-subdivided in accordance with the provisions of Section 500 of the City Code, the requirements for lot area, width and depth, lot coverage, and building setback shall be applied to the newly subdivided lot(s). When computing lot area, width, and depth, the area which is unencumbered with street, alley, or highway easements shall be used. 515.16. Performance standards. Subdivision 1. Standards Developments shall be constructed and maintained in accordance with the standards set out in this subsection. Subd. 2. Dimensions and floor area. Dwellings constructed after March 1, 1995 shall be a minimum of 22 feet in length and width for at least 50 percent of each distance as measured from outside wall surfaces, and shall contain a minimum of 960 square feet of gross floor area. Subd. 3. Garage planning. Building plans submitted after March 1, 1995 for new single family dwellings shall include garage space for not less than two vehicles, or shall designate area(s) on the lot for future construction of such garage space that does not require any variances. For the purposes of this subdivision only, each vehicle shall require a garage space of not less than ten feet in width by 20 feet in depth. Subd. 4. Detached garage in side yard area. Building plans submitted after March 1, 1995 for a detached garage located in any side yard area shall be placed on frost footings if any portion of such garage is located less than 10 feet from the dwelling. Subd. 5. Performance standards of Section 540. Developments other than single family or two family dwellings shall be constructed and maintained in accordance with the applicable performance standards set out in Section 540 of this code. Subd. 6. All property located within a design district or corridor overlay district shall be subject to such district's additional requirements and/or modifications. • p. 515-11 0 0 • Richfield City Code (Zoning) R District DRAFT p. 515-12 DRAFT Richfield City Code (Zoning) R-1 District 515.17. Low Density Single Family Residential District (R-1). Subdivision 1. Subsections 515.17 to 515. 35 apply to the R-1 District. Subd. 2. Purposes. The purposes of the R-1 District are to: a) reserve and preserve appropriately located areas for single family living on larger lots; b) ensure adequate light, air, privacy, and open space for each dwelling; c) minimize traffic congestion and avoid the overloading of utilities by preventing the construction of buildings of excessive size (or density) in relation to the surrounding land, buildings, or infrastructure; and d) protect residential properties from noise, illumination, unsightliness, odors, dust, dirt, smoke, fire, vibration, heat, glare, and other objectionable or hazardous influences. 515.19. Permitted uses. Subdivision 1. The uses listed in this subsection are permitted uses in the R-1 District. Subd. 2. Single family (detached) dwellings, except manufactured homes. • Subd. 3. Licensed residential care facilities or community based residential care facilities serving six or fewer persons provided they are not located within 1/4 mile of another such facility, except as provided for in Section 515.23, Subd. 2 of this code. Care facilities located within the R-1 District shall be subject to the same zoning regulations as single family dwellings in the R-1 District. 515.21. Accessory uses. Subdivision 1. The uses listed in this subsection are allowable accessory uses in the R-1 District. Subd. 2. Private garages which do not exceed 1,000 square feet in gross floor area, and which do not exceed an aggregate -of 1,300 square feet in gross floor area when combined with all other accessory buildings and attached garages on the lot. Subd. 3. Greenhouses which do not exceed 175 square feet in gross floor area, and which do not exceed an aggregate of 1,300 square feet in gross floor area when combined with all other accessory buildings ,and attached garages on the lot, and further provided that no sale of products is conducted on the lot. Subd. 4. Storage buildings which do not exceed 175 square feet in gross floor area, and which do not exceed an aggregate of 1,300 square feet in gross floor area when combined with all other accessory buildings and attached garages on the lot. Subd. 5. Gazebos which do not exceed 175 square feet in gross floor area, and which do not exceed an aggregate of 1,300 square feet in gross floor area when combined with all other accessory buildings and attached garages on the lot. p. 515-13 a) all such driveways, parking areas, and sidewalks shall be set back no less than one foot from any lot line abutting another parcel, except that upon written request from the landowner, the Director may reduce or rescind this setback requirement for shared access agreements or with a finding of necessity and public convenience; b) all such driveways, parking areas, and sidewalks shall be constructed with concrete, asphalt, concrete pavers, brick set in compacted sand, or other material approved by the Director; c) unless the Director authorizes a greater amount for landscape purposes, the maximum impervious. surface coverage within the front yard area shall comply with the following table: Lot Width Maximum Impervious Coverage Within the Front Yard Area 50 feet or less: 50% 51-60 feet: 48% 61-70 feet: 46% 71-80 feet: 44% over 80 feet: 42% Richfield City Code (Zoning) R-1 District DRAFT Subd. 6. Carports which do not exceed an aggregate of 1,300 square feet in area when combined with all other accessory buildings and attached garages on the lot. Subd. 7. Private swimming pools as defined in Section 420 of the City Code, provided that such swimming pools and related equipment be located (i) at least ten feet from any rear lot line, (ii) at least ten feet from any interior side lot line, (iii) at least 15 feet from any streetside side. lot line, and (iv) at least six feet from the principal building and any non-pool related accessory structure. Subd. 8. Licensed day care homes serving 12 or fewer persons, or group family day care facilities licensed under Minnesota Rules, parts 9502.0315 to 9502.0445 serving 14 or fewer persons, or as otherwise permitted by law. Subd. 9. Licensed foster family homes serving six or fewer children, or as otherwise permitted by law. Subd. 10. Private driveways, parking areas, and sidewalks provided the following conditions are met: d) within the front yard area, no more than three parking spaces shall be permitted -- the area between each garage stall and the street shall count as one parking space; p. 515-14 DRAFT Richfield City Code (Zoning) R-1 District e) driveways, where located within the boulevard, are subject to the following requirements: (i) they shall not exceed 22 feet in width (curb cut radii excluded); (ii) curb cut radii (five feet minimum) shall not encroach upon the boulevard of abutting properties; (iii) on comer lots, driveways shall be set back at least 30 feet from an intersection, as measured from the point where the extended curb lines of the streets intersect; (iv) only one curb cut shall be permitted from a public street to an interior lot. A comer lot may have one curb cut from each public street, provided the driveway setback requirement in item (iii) above is met; and (v) upon written request from the landowner, items (i), (ii), (iii), and (iv) above may be varied by the Director with a finding of necessity and public convenience. f) driveways, parking areas, and sidewalks legally existing on or before December 31, 1993, may continue to exist and to be repaired and • maintained, except that upon full replacement, such driveways, parking areas, or sidewalks shall comply with this subdivision; and g) any expansion or installation of a driveway, parking area, or sidewalk on a lot shall be subject to a City permit. Subd. 11. Satellite dish antennas and other antennas and towers that are incidental to the principal use on the premises, provided that they conform to Section 425 of the City Code and meet the following additional requirements: a) if more than one such structure is proposed, they shall be clustered in a single grouped location; b) no advertising message shall be on the antenna structure; c) such structures shall be screened to the greatest extent practicable to minimize visual impacts on surrounding properties. Screening shall include landscape materials for ground mounted antenna structures, and materials compatible with those utilized on the exterior of the building for roof mounted antenna structures. Screening plans shall be approved by the Director; and d) such roof-mounted structures shall not extend higher than ten feet above the highest point of the roof, except as provided for in Section 515.23, Subd. 6 of this code. P. 515-15 Richfield City Code (Zoning) R-1 District DRAFT 41 Subd. 12. The accommodation of one roomer in addition to the family, provided that: (i) the roomer plus the family shall not exceed a total of five persons; (ii) such arrangement does not constitute an accessory apartment; and (iii) adequate off.-street parking is available {see definition of family). Subd. 13. Home occupations which are operated in accordance with Section 508.21 of this code. Subd. 14. Fences, walls, and hedges as permitted in Section 508.23 of this code. Subd. 15. Gardening, provided no sale of products is conducted on the lot. Subd. 16. Minor public utilities. Subd. 17. Other uses customarily associated with, but incidental to the principal use, as determined by the City pursuant to Section 508.05 of this code. 515.23. Conditional uses. Subdivision 1. The uses listed in this subsection are conditional uses in the R-1 District, and are subject to the conditional use permit provisions outlined in Section 545.05 of this code. Subd. 2. Licensed residential care facilities or community based residential care • facilities serving seven or more 16 persons, or such facilities which are located within 1/4 mile of another such facility. Care facilities located within the R-1 District shall be subject to the same zoning regulations as single family dwellings in the R-1 District. Subd. 3. Accessory foster family homes licensed by the appropriate governmental authorities serving more than six children, or as otherwise permitted by law. Subd. 4. Private non-commercial recreational facilities as a principal use. Subd. 5. Bed and breakfast inns, providing the following conditions are met: a) no more than two rental rooms shall be provided; b) at least two off-street parking spaces (may include garage stalls) shall be provided for the residence, and at least one off-street parking space shall be provided on the lot for each rental room; c) outdoor parking areas shall be screened with landscape materials; and d) the operator shall secure all applicable licenses and approvals from the city, county, state, or other applicable jurisdictions before the conditional use permit will become effective. Subd. 6. Accessory roof-mounted antennas which extend higher than ten feet above the highest point of the roof. p. 515-16 DRAFT Richfield City Code (Zoning) R-1 District Subd. 7. Major public utilities. Subd. 8. Other uses similar to those conditionally permitted by this section, as determined by the City pursuant to Section 508.05 of this code. 515.25. Lot area, width. depth. and coverage. Subdivision 1. Standards. The standards set out in this subsection apply in the R-1 District. Subd. 2. Minimum lot area: 10,000 square feet. Subd. 3. Minimum lot width: 75 feet. Subd. 4. Minimum lot depth: 100 feet. Subd. 5. Special grandfather clause for certain R-1 lots. A lot that was a lot of record on or before March 1, 1995 located in the R-1 District which does not meet the minimum requirements set forth in this code as. to area and dimensions, may be used for single family (detached) development provided that the width of such lot is not.less than 50 feet and such lot contains at least 6,000 square feet in area. When computing lot width and area, the area which is unencumbered with street, alley, or highway easements shall be used. • Subd. 6. Maximum lot coverage: Lots of 7,000 S q. Ft. or less: 35% Lots of over 7,000 S q. Ft.: The eater of 25%'0 or 2,500 S q. Ft. 515.27.. Required building setback and maximum height. Subdivision 1. Standards. The standards set out in this subsection apply in the R-1 District. Subd. 2. Required setback and maximum height: .::: .:::. . ...:.;:: ,. :.. .: :..:.........,......... ............... :.;:.;::.;;::.; :........... . . .. ........ ... >517E::)`.?#' 30 Ft. 25 Ft. 10 Ft. 15 Ft. 35 Ft. > >ft3 30 Ft. 3 Ft. 10 Ft. 15 Ft. 14 Ft. Subd. 3. Additional setback requirement: vehicle access door facing La side or rear lot line. Whenever any building (principal or accessory) is located in such a manner that a vehicle access door faces a side or rear lot line, such side or rear setback requirement shall be not less than 20 feet, except under the following conditions: a) if a vehicle access door faces a "streetside" side lot line which abuts a non- arterial or non-collector street, such "streetside" side setback requirement shall be not less than 15 feet; or p. 515-17 Richfield City Code (Zoning) R-1 District DRAFT b) if a vehicle access door faces a rear lot line which abuts an alley, such rear setback requirement shall be not less than 15 feet; or c) if a vehicle access door faces an "interior" side lot line on a lot that is less than 45 feet in width, such "interior" side setback requirement shall be not less than 15 feet. Subd. 4. Additional setback requirement: all structures located on a corner lot which abuts a key lot. On a comer lot which abuts a key lot, the streetside side setback requirement of such corner lot shall be equal to the front setback of any existing principal building on the key lot or 30 feet, whichever is less, however, in no case shall such streetside side setback requirement be less than 15 feet. Subd. 5. Setback reductions for principal buildings. The following setback reductions apply in the R-1 District: a) on a corner lot, the streetside side setback requirement for dwellings shall be the lesser of 15 feet or the established streetside side setback of the existing principal building on the same lot. In any case the provisions of paragraphs c) and d) of this subdivision shall be applicable; . b) with respect to dwellings existing on or before March 1, 1995, the interior side setback requirement may be reduced to not less than five feet for the purpose of constructing an attached garage, provided the following conditions are met: (i) a letter of consent signed by the owner of the property which abuts the interior lot line shall be submitted to the City; (ii) the garage shall be located a distance of not less than 15 feet from any building on an abutting lot; (iii) the width of the garage shall not exceed 22 feet, and the length shall not exceed 26 feet; and (iv) a drainage plan shall be approved by the City Engineer's office prior to issuance of building permits. c) windows or window units may project a maximum of 24 inches into a required front yard, streetside side yard, or rear yard provided that the floor area of the dwelling is not increased by more than ten square feet, however, in no case shall they be closer than eight feet from any lot line; and . d) those items classified as "not encroachments" in Section 508.11. • p. 515-18 DRAFT Richfield City Code (Zoning) R-1 District • Subd. 6. Setback reduction for accessory buildings. The interior side setback requirement for accessory buildings located entirely five or more feet beyond the rear building line of the principal building may be reduced to three feet. 515.29. Additional rules for accessory buildings and uses. Subdivision 1. The additional rules. set out in this subsection apply to accessory buildings and uses in the R-1 District. Subd. 2. Accessory buildings shall be located not less than five feet from any other building (dwelling included) on the lot. The Building Code requires fire protected walls for buildings located less than six feet apart. The eave overhang from adjacent structures on the same lot shall be no less than four feet apart. Subd. 3. The roof overhang (eave projection) for accessory buildings shall not be located closer than two feet from any lot line. Subd. 4. No accessory building on any lot, except through lots, shall be situated forward of the front line of the principal building. Subd. 5. In the case of a through lot, no accessory building shall be located within 30 feet of the lot lines abutting either street. Subd. 6. No accessory building shall be constructed on any residential lot prior to the . time of construction of the principal building on the lot, unless specifically approved by the City Council. Subd. 7. No more than one detached garage, no more than one greenhouse, no more than one storage building, and no more than one gazebo. shall be located on a residential parcel. Subd. 8. No accessory building shall be more than one story in height, greater in lot coverage than the principal building, or greater in height than the principal building. 515.31. Subdivision of lots. Whenever. a lot in the R-1 District is subdivided or re- subdivided in accordance with the provisions of Section 500 of the City Code, the requirements for lot area, width and depth, lot coverage, and building setback shall be applied to the newly subdivided lot(s).. When computing lot area, width, and depth, the area which is unencumbered with street, alley, or highway easements shall be used. 515.33. Performance standards. Subdivision 1. Standards. Developments shall be constructed and maintained in accordance with the standards set out in this subsection. Subd. 2. Dimensions and floor area. Dwellings.constructed after March 1, 1995 shall be a minimum of 24 feet in length and width for at least 50 percent of each distance as measured from outside wall surfaces, and shall contain a minimum of 1,100 square feet of gross floor area. P. 515-19 • Richfield City Code (Zoning) R-1 District DRAFT Subd. 3. Garage planning. Building plans submitted after March 1, 1995 for new single family dwellings shall include garage space for not less than two vehicles, or shall designate area(s) on the lot for future construction of such garage space that does not require any variances. For the purposes of this subdivision only, each vehicle shall require a garage space of not less than ten feet in width by 20 feet in depth. Subd. 4. Detached garage in side yard area.. Building plans submitted after March 1, 1995 for a detached garage located in any side yard area shall be placed on frost footings if any portion of such garage is less than 10 feet from the dwelling. Subd. 5. Performance standards of Section 540. Developments other than single family dwellings shall be constructed and maintained in accordance with the applicable performance standards set out in Section 540 of this code. Subd. 6. All property located within a design district or corridor overlay district shall be subject to such district's additional requirements and/or modifications. • 0 515.35. [Reserved]. p. 515-20 • DRAFT Richfield City Code (Zoning) MR-1 District 515.37 Two Family Residential District (MR-11. Subdivision 1. Subsections 515.37 to 515.57 apply to the MR-1 District. Subd. 2. PuMoses. The purposes of the MR-1 District are to: a) reserve appropriately located areas for two family residential dwellings; b) preserve as many as possible of the desirable characteristics of the single family residential district while permitting higher population densities; c) ensure adequate light, air, privacy, and open space for each dwelling unit; d) minimize traffic congestion and avoid the overloading of utilities by preventing the construction of buildings of excessive size (or density) in relation to the surrounding land, buildings, or infrastructure; and e) protect residential properties from noise, illumination, unsightliness, odors, dust, dirt, smoke, fire, vibration, heat, glare, and other objectionable or hazardous influences. i 515.39. Permitted uses. Subdivision 1. The uses listed in this subsection are permitted uses in the MR-1 District. Subd. 2. Two family dwellings. Subd. 3. Single family (detached) dwellings, except manufactured homes. Subd. 4. Licensed residential care facilities or community based residential care facilities serving six or fewer persons provided they are not located within 1/4 mile of another similar facility, except as provided for in Section 515.43, Subd. 2 of this code. Care facilities located in the MR-1 District shall be subject to the same zoning regulations.as two family dwellings in the MR-1 District. Subd. 5. Minor public utilities. 515.41. Accessory uses. Subdivision 1. The uses listed in this subsection are allowable accessory uses in the MR-1 District. Subd. 2. Private garages which do not exceed 1,000 square feet in gross floor area, and which do not exceed an aggregate of 1,200 square feet in gross floor area when combined with all other accessory buildings and attached garages on the lot. Subd. 3. Greenhouses which do not exceed 175 square feet in gross floor area, and which do not exceed an aggregate of 1,200 square feet in gross floor area when combined with all other accessory buildings and attached garages on the lot. • p. 515-21 • Richfield City Code (Zoning) MR-1 District DRAFT Subd. 4. Storage buildings which do not exceed 175 square feet in gross floor area, and which do not exceed an aggregate of 1,200 square feet in gross floor area when combined with all other accessory buildings and attached garages on the lot. Subd. 5. Gazebos which do not exceed 175 square feet in gross floor area, and which do not exceed an aggregate of 1,200 square feet in gross floor area when combined with all other accessory buildings and attached garages on the lot. Subd. 6. Carports which do not exceed an aggregate of 1,200 square feet in area when combined with all other accessory buildings and attached garages on the lot. Subd. 7. Private swimming pools as defined in Section 420 of the City Code, provided that such private swimming pools and related equipment shall be located (i) at least ten feet from any rear lot line, (ii) at least ten feet from any interior side lot line, (iii) at least 15 feet from any streetside side lot line, and (iv) at least six feet from the principal building or any non-pool related accessory structure. Subd. 8. Licensed day care homes serving 12 or fewer persons, or group family day care facilities licensed under Minnesota Rules, parts 9502.0315 to 9502.0445 serving 14 or fewer persons, or as otherwise permitted by law. Subd. 9. Licensed foster family homes serving six or fewer children, or as otherwise permitted by law. Subd. 10. Private driveways, parking areas, and sidewalks provided the following conditions are met: E a) all such driveways, parking areas, and sidewalks shall be set back no less than one foot from any lot line abutting another parcel, except that upon written request from the landowner, the Director may reduce or rescind this setback requirement for shared access agreements or with a finding of necessity and public convenience; b) all such driveways, parking areas, and sidewalks shall be constructed with concrete, asphalt, concrete pavers, brick set in compacted sand, or other material approved by the Director; c) unless the Director authorizes a greater amount for landscape purposes, the maximum impervious surface coverage within the front yard area shall comply with the following table: Lot Width Maximum Impervious Coverage Within the Front Yard Area 65 feet or less: 50% 66-75 feet: 48% over 75 feet: 46% p. 515-22 DRAFT • Richfield City Code (Zoning) MR-1 District d) within the front yard area, no more than three parking spaces shall be permitted per dwelling unit - the area between each garage stall and the street shall count as one parking space; e) driveways, where located within the boulevard, are subject to the following requirements: (i) they shall not exceed 22 feet in width (curb cut radii excluded); _ (ii) curb cut radii (five feet minimum) shall not encroach upon the boulevard of abutting properties; (iii) on corner lots, driveways shall be set back at least 30 feet from an intersection, as measured from the point where the extended curb lines of the streets intersect; (iv) only one curb cut per dwelling unit shall be permitted from a public street to an interior lot. A corner lot may have one curb cut per dwelling unit from each public street, provided the driveway setback requirement in item (iii) above is met; and (v) upon written request from the landowner, items (i), (ii), (iii), and (iv) above may be varied by the Director with a finding of necessity and public convenience. f) driveways, parking areas, and sidewalks legally existing on or before December 31, 1993, may continue to exist and to be repaired and maintained, except that upon full replacement, such driveways, parking areas, or sidewalks shall comply with this subdivision; and g) any expansion or installation of a driveway, parking area, or sidewalk shall be subject to a City permit. . Subd. 11. Satellite dish antennas and other antennas and towers that are incidental to the principal use on the premises, provided that they conform to Section 425 of the City Code and meet the following additional requirements: a) if more than one such structure is proposed, they shall be clustered in a single grouped location; b) no advertising message shall be on the antenna structure; • p. 515-23 Richfield City Code (Zoning) MR-1 District DRAFT c) such structures shall be screened to the greatest extent practicable to minimize visual impacts on surrounding properties. Screening shall include landscape materials for ground mounted antenna structures, and materials compatible with those utilized on the exterior of the building for roof mounted antenna structures. Screening plans shall be approved by the Director; and d) such roof-mounted structures shall not extend higher than ten feet above the highest point of the roof, except as provided for in Section 515.43, Subd. 6 of this code. Subd. 12. Home occupations which are operated in accordance with Section 508.21 of this code. Subd. 13. Fences, walls, and hedges as permitted in Section 508.23 of this code. Subd. 14. Gardening, provided no sale of products is conducted on the lot. Subd. 15. Other uses customarily associated with, but incidental to the principal use, as determined by the City pursuant to Section 508.05 of this code. 515.43. Conditional uses. Subdivision 1 The uses listed in this subsection are conditional . uses in the MR-1 District, and are subject to the conditional use permit provisions outlined in Section 545.05 of this code. Subd. 2. Licensed residential care facilities or community based residential care facilities serving seven or more persons, or such facilities which are located within 1/4 mile of another such facility. Care facilities located within the MR-1 District shall be subject to the same zoning regulations as two family dwellings in the MR-1 District. Subd. 3. Accessory foster family homes licensed by the appropriate governmental authorities serving more than six children, or as otherwise permitted by law. Subd. 4. Private non-commercial recreational facilities as a principal use. Subd. 5. Twin homes and conversion of two family dwellings into twin homes provided the following conditions are met: a) each of the lots created in subdividing land on which a twin home is constructed or a two family dwelling is converted shall be equal in area or as near equal as is reasonably possible; b) each lot so created shall contain not less than 5,000 square feet in area, shall be not less than 40 feet in width, and shall be shown on a survey prepared by a registered surveyor; 0 p. 515-24 DRAFT Richfield City Code (Zoning) MR-1 District c) except for the setback along a common property line, all other setback and yard requirements for a two family dwelling shall be met; d) separate services shall be provided to each residential unit for sanitary sewer, water, electricity, natural gas, telephone and other utilities; e) the two units, either existing or proposed, shall be situated in a side by side manner; f) -no existing duplex structure shall be split into two separate ownerships unless and until the common party wall fire rating is brought up to new construction standards, as provided in Section 400 of the City Code; g) the owner of property to be subdivided. shall execute and record at their expense a "Declaration of Covenants, Conditions, and Restrictions" as approved by the City Attorney. Said document is necessary to protect the rights of the individual owners sharing a single structure and the public as it relates to such things as maintenance, repair, and reconstruction in case of damage to the original structure. The declaration shall provide protection to the property owners and the City on the following subjects: (i) building and use restrictions; . (ii) party walls; and (iii) relationships among owners of adjoining living. units and arbitration of disputes. The intent of these regulations is to promote harmony between the neighbors sharing a single structure and to protect the City and neighborhood from improper maintenance and/or disputes such as the following examples: each living unit being painted a different exterior color, or each living unit. having a different roof color or type. The City shall be a third party beneficiary of such declaration. h) accessory buildings along the common lot ' line may have a zero setback provided all other setbacks are met, and all building and fire codes are met; and i) the authority to divide a single lot into two lots shall be subject to subdivision regulations in Section 500 of the City Code. Subd. 6. Accessory roof-mounted antennas which extend higher than ten feet above the highest point of the roof. Subd. 7. Major public utilities. I Subd. 8. Other uses similar to those conditionally permitted by this section, as determined by the City pursuant to Section 508.05 of this code. p. 515-25 Richfield City Code (Zoning) MR-1 District DRAFT 515.45. Lot area width. depth, and coverage. Subdivision 1. Standards. The standards . set out in this subsection apply in the MR-1 District. Subd. 2. Minimum lot area, width. and depth: PARFA >' #'... . >'>`''><<> 6,700 S q. Ft. 50 Ft. 100 Ft. <'>`>` .... <><« 10,000 S q. Ft. 75 Ft. 100 Ft. Subd. 3. Special grandfather clause for certain MR-1 lots. A lot that was a lot of record on or before March 1, 1995 located in the MR-1 District which does not meet the minimum requirements set forth in this code as to area and dimensions, may be used for two family development provided that the width of such lot is not less than 65 feet and such lot contains at least 8,500 square feet in area. When computing lot width and area, the area which is unencumbered with street, alley, or highway easements shall be used. Subd. 4. The maximum lot coverage in the MR-1 District shall be 30 percent. 0 515.47. Required building setback and maximum height. Subdivision 1. Standards. The standards set out in this subsection apply in the MR-1 District. Subd. 2. Required building setback and maximum height: 'i::i?iiiii.'. i':::i•:i::iv:piiiiiiiii 4i: . :iiii::.;-:-: isi •::'is.iiiiii:C•iiiiii:6iii:^ii:-iiii }:4;ii 4:! •::•::•i:8::::::: :•::::::::. tivi::v.?: ?::4iiiiii:`. •:::: ::•.:•:: •::::::. :..: '. 'Ijt i •:?'•: ii ::::::` ..:?..... .......... 4:vC4 .j?M:W}: .. ... 1?. - . . ;`1ialitcF< ; ............:.? ::........ ....................... ::EQ.'1 30 Ft. 25 Ft. 10 Ft. 15 Ft. 25 Ft. '?(`Q?< 30 Ft. 25 Ft. 10 Ft. 15 Ft. 25 Ft. €t}!>>s': 30 Ft. 3 Ft. 10 Ft. 15 Ft. 14 Ft. SUN. 3. Additional setback requirement: vehicle access door facing a side or rear lot line. Whenever any building (principal or accessory) is located in such a manner that a vehicle access door faces a side or rear lot line, such side or rear setback requirement shall be not less than 20 feet. Subd. 4. Additional setback requirement: all structures located on a corner lot which abuts a key lot. On a corner lot which abuts a key lot, the streetside side setback requirement of such corner lot shall be equal to the front setback of any existing principal building on the key lot or 30 feet, whichever is less, however, in no case shall such streetside side setback requirement be less than 15 feet. r p. 515-26 D?tAFT Richfield City Code (Zoning) MR-1 District • Subd. 5. Setback reductions for principal buildings. The following setback reductions. apply in the MR-1 District: a) on a comer lot, the streetside side setback requirement shall be the lesser of 15 feet or the established streetside side setback of the existing principal building on the same lot for single family and two family structures; b) windows and window units 'may project a maximum of 24 inches into a required front yard, streetside side yard, or rear yard, provided the floor area. of the dwelling is not increased by more than ten square feet, however, in no case shall they be closer than eight feet from any lot line; and c) those items classified as "not encroachments" in Section 508.11. Subd. 6. Setback reductions for accessory buildings. The following setback reductions apply in the MR-1 district: a) the interior side setback requirement for accessory buildings located entirely five or more feet beyond the rear building line of the principal building may be reduced to three feet. b) on lots which provide alley access to the rear, a detached garage may be • located no less than two feet from the rear lot line, provided that the setback requirement of Section 515.47, Subd. 3 of this code and all building codes are met. 515.49. Additional rules for accessory buildings and uses. Subdivision 1. The additional rules set out in this subsection apply to accessory buildings and uses in the MR-1 District. Subd. 2. Accessory buildings shall be located not less than five feet from any other building (dwelling included) on the lot. The Building Code requires fire protected walls for buildings located less than six feet apart. The eave overhang from adjacent structures on the same lot shall be no less than four feet apart. Subd. 3. • The roof overhang (eave projection) for accessory buildings shall not be located closer than two feet from any lot line. Subd. 4. No accessory building on any lot, except through lots, shall be situated forward of the front line of the principal building. Subd. 5. In the case of a through lot, no accessory building shall be located within 30 feet of the lot lines abutting either street. Subd. 6. No accessory building shall be constructed on any residential lot prior to the time of construction of the principal building on the lot, unless specifically approved • by the City Council. p. 515-27 Richfield City Code (Zoning) MR-1 District Dr%AFP • Subd. 7. No more than one detached garage, no more than one greenhouse, no more than one storage building, and no more than one gazebo shall be located on a lot. Subd. 8. No accessory building shall be more than one story in height, greater in lot coverage than the principal building, or greater in height than the principal building. 515.51. Subdivision of lots. Whenever a lot in the MR-1 District is subdivided or re- subdivided in accordance with the provisions of this code and Section 500 of the City Code, the requirements 'for lot area, width and depth, lot coverage, and building setback shall be applied to the newly subdivided lot(s). When computing lot area, width, and depth, the area which is unencumbered with street, alley, or highway easements shall be used. 515.53. Outdoor open space requirement. There shall be a minimum of 600 square feet of outdoor open space provided on the lot per dwelling unit in the MR-1 District. This requirement shall be increased by 100 square feet for each bedroom in excess of two per dwelling unit. 515.55. Parking requirement. For two family and twin home dwellings, there shall be provided on the site at least two parking spaces per dwelling unit, of which at least one space per dwelling shall be enclosed in a garage. 515.57. Performance standards. Subdivision 1. Standards. Developments shall be • constructed and maintained in accordance with the standards set out in this subsection. Subd. 2. Dimensions and floor area. Dwellings constructed after March 1, 1995 shall be a minimum of 24 feet in length and width for at least 50 percent of each distance as measured from outside wall surfaces, and shall contain a minimum of 960 square feet of gross floor area per unit. Subd. 3. Garage planning. Building plans submitted after March 1, 1995 for new single. family dwellings shall include garage space for not less than two vehicles, or shall designate area(s) on the lot for future construction of such garage space that does not require any variances. For the purposes of this subdivision only, each vehicle shall require a garage space of not less than ten feet in width by 20 feet in depth. Subd. 4. Detached garage in side yard area. Building plans submitted after March 1, 1995 for a detached garage located in any side yard area shall be placed on frost footings if any portion of such garage is less than 10 feet from the dwelling. Subd. 5. Performance standards of Section 540. Developments other than single family, two family, or twin home dwellings shall be constructed and maintained in accordance with the applicable performance standards set out in Section 540 of this code. Subd. 6. All property located within a design district or corridor overlay district shall be subject to such district's additional requirements and/or modifications. p. 515-28 DRAFT Richfield City Code (Zoning) MR-2 District 515.59. Multi-Family Residential District (MR-2). Subdivision 1. Subsections 515.59 to 515.77 apply to the MR-2 District. Subd. 2. Purposes. The purposes of the MR-2 District are to: a) reserve appropriately located areas for multi-family dwellings; b) preserve as many as possible of the desirable characteristics of the single 'family district while permitting higher population densities; c) ensure adequate light, air, privacy, and open space for each dwelling unit; d) minimize traffic congestion and avoid the overloading of utilities by preventing the construction of buildings of excessive size (or density) in relation to the surrounding land, buildings, or infrastructure; e) provide adequate space for off-street parking and loading; and f) protect residential properties from noise, illumination, unsightliness, odors, dust, dirt, smoke, fire, vibration, heat, glare, and other objectionable or hazardous influences. 515.61. Permitted uses. Subdivision 1. The uses listed in this subsection are permitted uses in the MR-2 District. Subd. 2. Multi-family dwellings (excluding townhouses) with eight or fewer units. Subd. 3. Townhouses, subject to the additional requirements outlined in Section 515.69 of this code. Subd. 4. Licensed residential care facilities or community based residential care facilities serving six or fewer persons provided they are not located within 1/4 mile of another such facility, except as provided for in Section 515.65, Subd. 3 of this code. Care facilities located in the MR-2 District shall be subject to the same zoning regulations as multi-family dwellings in the MR-2 District. Subd. 5. Minor public utilities. 515.63. Accessory uses. Subdivision 1. The uses permitted in this subsection are allowable accessory uses in the MR-2 District. Subd. 2. Parking, as authorized by a Council approved off-street parking permit. Subd. 3. Garages for any residential structure, provided they are located in a common building or space approved by the City under a uniform plan. Subd. 4. Swimming pools subject to Section 420 of the City Code, tennis courts, and similar recreational facilities. p. 515-29 Richfield City Code (Zoning) DRAFT MR-2 District Subd. 5. Storage buildings designed for use by the maintenance staff for storage or as a workshop associated with normal upkeep of the property. Subd. 6. Licensed family day care homes serving three or fewer persons, or group family day care facilities licensed under Minnesota Rules, parts 9502.0315 to 9502.0445 serving six or fewer persons, or as otherwise permitted by law. Subd. 7. Licensed foster family homes serving three or fewer children, or as otherwise permitted by law: Subd. S. Satellite dish antennas and other antennas and towers that are incidental to the principal use on the premises, provided that they conform to Section 425 of the City Code and meet the following additional requirements: a) if more than one such structure is proposed, they shall be clustered in a single grouped location where possible; b) no advertising message shall be on the antenna structure; c) such structures shall be screened to the greatest extent practicable to minimize visual impacts on surrounding properties. Screening shall include landscape materials for ground mounted antenna structures, and materials compatible with those utilized on the exterior of the building for roof mounted antenna structures. Screening plans shall be approved by the Director; and d) such roof-mounted structures shall not extend higher than ten feet above the highest point of the roof, except as provided for in Section 515.65, Subd. 6 of this code. Subd. 9. Home occupations which are operated in accordance with Section 508.21 of this code. Subd. 10. Fences, walls, and hedges as permitted in Section 508.23 of this code. Subd. 11. Other uses customarily associated with, but incidental to the principal use, as determined by the City pursuant to Section 508.05 of this code. 515.65. Conditional uses. Subdivision 1. The uses listed in this subsection are conditional uses in the MR-2 District, . and are subject to the conditional use permit provisions outlined in Section 545.05 of this code. Subd. 2. Multi-family dwellings with nine to 25 units. Subd. 3. Licensed residential care facilities or community based residential care facilities serving seven or more persons, or such facilities which are located within 1/4 mile of another such facility. Care facilities located within the MR-2 District shall be subject to the same zoning regulations as multi-family dwellings in the R-1 District. p. 515-30 DRAFT Richfield City Code (Zoning) MR-2 District • Subd. 4. Accessory day cafe facilities serving more than three persons licensed by the appropriate governmental authorities, or accessory group family day care facilities licensed under Minnesota Rules, parts 9502.0315 to 9502.0445 serving more than six persons, or as otherwise permitted by law, provided such facilities are located in common areas of multi-family buildings and the following conditions are met: a) designated pick-up and drop-off areas shall be located on the site; and b) outdoor play areas shall be set back at least 15 feet from all lot lines and buffering shall be provided to mitigate noise and adverse visual impacts on neighboring properties. Subd. 5. Accessory foster family homes licensed by the appropriate governmental authorities serving more than three children, or as otherwise permitted by law. Subd. 6. Accessory roof-mounted antennas which extend higher than ten feet above the highest point of the roof. Subd. 7. Major public utilities. Subd. 8. Other uses similar to those conditionally permitted by this section, as determined by the City pursuant to Section 508.05 of this code. 515.67. Minimum lot area, floor area, and parking requirements for multi-family dwellings (excluding townhouses). Subdivision 1. Standards. The standards set out in this subsection apply to apartments and condominiums in the MR-2 District. Subd. 2. Minimum lot size: 15,000 square feet. Subd. 3. Minimum lot area: 2,500 square feet per unit, adjusted as follows: a) For each parking stall under the multi-family structure or underground, subtract 500 square feet per dwelling unit from the minimum lot area per dwelling unit, but the total number of such subtractions shall not exceed the number of dwelling units. b) For each bedroom in excess of two in any one dwelling unit, add 500 square feet to the minimum lot area per dwelling unit. Subd. 4. Minimum floor areas: a) Efficiency - 400 square feet per unit. b) One-bedroom - 550 square feet per unit. c) Two-bedroom - 750 square feet per unit. d) More than two bedrooms add 150 square feet per bedroom to that required for a two bedroom dwelling unit. p. 515-31 Richfield City Code (Zoning) MR-2 District DRAFT Subd. 5. Minimum parking: Two off-street parking spaces shall be provided for each dwelling unit. The Council, at its discretion, may reduce the. minimum required parking to not less than 1.5 parking spaces per unit for multi-family structures with seven or more units, after consideration of factors including but not limited to the present or future availability of transit services, shared parking, pedestrian orientation, and occupancy characteristics. In addition, the Council may further reduce the parking requirement for senior housing complexes. 515.69. Minimum lot area floor area and parking requirements for townhouses. Subdivision 1. Standards. The standards set out in this subsection apply to townhouses and other attached dwelling units of a similar nature in the MR-2 District. Subd. 2. Minimum lot area: a) Three unit structure: 4,000 square feet per unit. b) Four unit structure: 3,500 square feet per unit. c) Five or six unit structure: 3,000 square feet per unit. Subd. 3. Minimum floor areas: a) One-bedroom - 650 square feet per unit. b) Two-bedroom - 850 square feet per unit. c) Three or more bedrooms - 1,000 square feet per unit. Subd. 4. Minimum parking: Two off-street parking spaces, at least one of which shall be in a garage, shall be provided for each dwelling unit. 515.71. Requirements for all multi-family structures in the MR-2 District. Subdivision 1. Standards. The standards set out in this subsection apply to all multi-family structures (including townhouses). Subd. 2. Maximum building height: 35 feet. Subd. 3. Minimum lot width: 75 feet. Subd. 4. Maximum lot coverage (xincipal structure): 30 percent. Subd. 5. Outdoor open space requirements: a) Two or fewer bedrooms: 325 square feet minimum per dwelling unit. b) Three or more bedrooms: 425 square feet minimum per dwelling unit. p. 515-32 DRAFT r Richfield City Code (Zoning) MR-2 District c) Balconies and porches with at least 70 square feet and seven feet in width which are directly accessible by individual dwelling units may be counted as contributing 175 square feet to the outdoor open space requirements listed above. Subd. 6. Minimum setback requirements: a) Front: 30 feet. b) Side: (i) interior - height of building or 20 feet, whichever is greater. (ii) streetside - 30 feet. c) Rear: height of building or 25 feet, whichever is greater. Subd. 7. Buffering shall be accomplished in accordance with the Richfield Landscape Requirements, on file with the Office of Community Development. Subd. 8. Parking areas shall meet the standards set in the Richfield Parking Requirements, on file with the Office of Community Development. 515.73. Requirements for accessory buildings and uses. Subdivision 1. The requirements set out in this subsection apply to accessory buildings and uses in the MR-2 District. Subd. 2. The maximum height for accessory buildings shall be 15 feet. Subd. 3. Accessory buildings shall be set back a minimum of 10 feet from any rear or interior side lot line, except that if a vehicle access door faces a rear or interior side lot line, such rear or interior side setback requirement shall be not less than 20 feet. Subd. 4. The required setback between an accessory building and any other building on the lot shall be determined by Section 400 of the City Code. Subd. 5. No accessory building on any lot, except through lots, shall be situated forward of the front line of the principal building. Subd. 6. In the case of a through lot or comer lot, no accessory building shall be located within 30 feet of the lot lines abutting any street. Subd. 7. No accessory building shall be constructed on a lot prior to the time of construction of the principal building on the lot, unless specifically approved by the City Council. p. 515-33 Richfield City Code (Zoning) MR-2 District DRAFT 515.75. Subdivision of lots. Whenever a lot in the MR-2 District is subdivided or re- subdivided in accordance with the provisions of this code and Section 500 of the City Code, the requirements for lot area, width and depth, lot coverage, and building setback shall be applied to the newly subdivided lot(s). When computing lot area, width, and depth, the area which is unencumbered with street, alley, or highway easements shall be used. 515.77. .Performance standards. Subdivision 1. Developments shall be constructed and maintained in accordance with the standards -set out in this subsection. Subd. 2. No more than 20 percent of the dwelling units in any one building shall be efficiency dwelling units. Subd. 3. Developments shall be constructed and maintained in accordance with the applicable performance standards set out in Section 540 of this code. Subd. 4. All property located within a design district or corridor overlay district shall be subject to such district's additional requirements and/or modifications. n • p. 515-34 ORAH Richfield City Code (Zoning) MR-3 District 515.79. High Density Multi-Family Residential District (MR-3). Subdivision 1. Subsections 515.79 to 515.95 apply to the MR-3 District. Subd. 2. Purposes. The purposes of the MR-3 District are to: a) reserve appropriately located areas for family living in a variety of types of dwellings at a reasonable range of population densities consistent with sound standards of public health and safety; b) preserve as many as possible of the desirable characteristics of the single family district while permitting higher population densities; c) ensure adequate light, air, privacy, and open space for each dwelling unit; d) provide space for semi-public facilities needed to complement urban residential areas and space for institutions that require a residential environment; e) minimize traffic congestion and avoid the overloading of utilities by preventing the construction of buildings of excessive size in relation to the surrounding infrastructure; f) provide necessary space for off-street parking and loading of vehicles; and • g) protect residential properties from noise, illumination, unsightliness, odors, dust, dirt, smoke, fire, vibration, heat, glare, and other objectionable or hazardous influences. 515.81. Permitted uses. Subdivision 1. The uses listed in this subsection are permitted uses in the MR-3 District. Subd. 2. Multi-family dwellings with 20 or fewer units. Subd. 3. . Licensed residential care facilities or community based residential care facilities serving six or fewer persons provided they are not located within 114 mile of another such facility, except as provided for in Section 515.85, Subd. 4 of this code. Care facilities shall.have the same zoning requirements as multi-family dwellings in the MR-3 District. Subd. 4. Minor public utilities. 515.83. Accessory uses. Subdivision 1. The uses permitted in this subsection are allowable accessory uses in the MR-3 District. Subd. 2. Parking, as authorized by a Council approved off-street parking permit. Subd. 3. Garages for any residential structure, provided they are located in a common building or space approved by the City under a uniform plan. p. 515-35 Richfield City Code (Zoning) MR-3 District DRAFT Subd. 4. Swimming pools subject to Section 420 of the City Code, tennis courts, and similar recreational facilities. Subd. 5. Storage buildings designed for common use by residents or members of the homeowners association or similar organization, or for use by the maintenance staff for storage or as a. workshop associated with normal upkeep of the property. Subd. 6. One leasing, sales, or management office per development, provided it is used solely for leasing, sales, or management of units within the development, does not exceed 2,000 square feet of floor area, and is an integral part of the development. Subd. 7. Licensed family day care homes serving three or fewer persons, or group family day care facilities licensed under Minnesota Rules, parts 9502.0315 to 9502.0445 serving six or fewer persons, or as otherwise permitted by law. Subd. 8. Licensed foster family homes serving three or fewer children, or as otherwise permitted by law. Subd. 9. Satellite dish antennas and other antennas and towers that are incidental to the principal use on the premises, provided that they conform to Section 425 of the City Code and meet the following additional requirements: • a) if more than one such structure is proposed, they shall be clustered in a single grouped location where possible; b) no advertising message shall be on the antenna structure; c) such structures shall be screened to the greatest extent practicable to minimize visual impacts on surrounding properties. Screening shall include landscape materials for ground mounted antenna structures, and materials compatible with those utilized on the exterior of the building for roof mounted antenna structures. Screening plans shall be approved by the Director; and d) such roof-mounted structures shall not extend higher than ten feet above the highest point of the roof, except as provided for in Section 515.85, Subd. 7 of this code. Subd. 10., Antennas and related features that are owned and operated by a telecommunications company, the use of which is not incidental to the principal use; provided that they conform to Section 425 of the City Code, are located on the rooftop or near the roof-line, screened from public view to the extent possible, do not carry advertising messages, and do not extent higher than ten feet above the highest point of the roof except as provided for in Section 515.85, Subd. 7 of this code. Subd. 11. Home occupations which are operated in accordance with Section 508.21 of this code. p. 515-36 DRAFT Richfield City Code (Zoning) MR-3 District • Subd. 12. Fences, wails, and hedges as permitted in Section 508.23 of this code. Subd. 13. Other uses customarily associated with, but incidental to the principal use, as determined by the City pursuant to Section 508.05 of this code. 515.85. Conditional uses. Subdivision 1. The uses listed in this subsection are conditional uses in the MR-3 District, and are subject to the conditional use permit provisions outlined in Section 545.05 of this code. Subd. 2. Multi-family dwellings with more than 20 units. Subd. 3. Licensed residential care facilities or community based residential care facilities serving seven or more persons, or such facilities which are located within 1/4 mile of another such facility. Care facilities located within the MR-3 District shall be subject to the same zoning regulations as two family dwellings in the MR-3 District. Subd. 4. Accessory day care facilities serving more than three persons licensed by the appropriate governmental authorities, or accessory group family day care facilities licensed under Minnesota Rules, parts 9502.0315 to 9502.0445 serving more than six persons, or as otherwise permitted by law, provided such facilities are located in common areas of multi-family buildings and the following conditions are met: 0 a) designated pick-up and drop-off areas shall be located on the site; and b) outdoor play areas shall be set back at least 15 feet from all lot lines and buffering shall be provided to mitigate noise and adverse visual impacts on neighboring properties. Subd. 5. Accessory foster family homes licensed by the appropriate governmental authorities serving more than three children, or as otherwise permitted by law. Subd. 6. Roof-mounted antennas which extend higher than ten feet above the highest point of the roof. Subd. 7. Major public utilities. Subd. 8. Other uses similar to those conditionally permitted by this section, as determined by the City pursuant to Section 508.05 of this code. 515.87. Minimum lot area, floor area, and parking requirements for multi-family dwellings. Subdivision 1. Standards. The standards set out in this subsection apply to all multi-family dwellings in the MR-3 District. Subd. 2. Minimum lot size: 60,000 square feet. • p. 515-37 Richfield City Code (Zoning) MR-3 District GRAFT Subd. 3. Minimum lot area: 2,000 square feet per unit, adjusted as follows: a) For each parking stall under the structure or underground, subtract 500 square feet per dwelling unit from the minimum lot area per dwelling unit, but the total number of such subtractions shall not exceed the number of dwelling units. b) For each bedroom in excess of two in any one dwelling unit, add 500 . square feet to the minimum lot area per dwelling unit. Subd. 4. Minimum floor areas: a) Efficiency - 400 square feet per unit. b) One-bedroom - 550 square feet per unit. c) Two-bedroom - 750 square feet per unit. d) More than two bedrooms - add 150 square feet per bedroom to that required for a two bedroom dwelling unit. Subd. 5. Minimum parking: Two off-street parking spaces shall be provided for each • dwelling unit. The Council, at its discretion, may reduce the minimum required parking to not less than 1.25 parking spaces per unit for complexes with 10 or more dwelling units, after consideration of factors including but not limited to the present or future availability of transit services, shared parking, pedestrian orientation, and occupancy characteristics. In addition, the Council may further reduce the.parking requirement for senior housing complexes. 515.89. Requirements for multi-family structures in the MR-3 District. Subdivision 1. Standards. The standards set out in this subsection apply to all multi-family structures. Subd. 2. Maximum building height: 50 feet. . Subd. 3. Minimum lot width: 150 feet. Subd. 4. Maximum lot coverage (principal structure): 30 percent. Subd. 5. Outdoor open space requirements: a) Two or fewer bedrooms: 300 square feet minimum per dwelling unit. b) Three or more bedrooms: 400 square feet minimum per dwelling unit. • p. 515-38 DRAFT Richfield City Code (Zoning) MR-3 District C) Balconies and porches with at least 70 square feet and seven feet of width. which are directly accessible by individual dwelling units may be counted as contributing 150 square feet to the outdoor open space requirements listed above. Subd. 6. Minimum setback requirements: a) Front: 40 feet. b) Side: (i) interior - height of building or 30 feet, whichever is greater. (ii) streetside - 40 feet. c) Rear: height of building or 35 feet, whichever is greater. Subd. 7. Buffering shall be accomplished in accordance with the Richfield Landscape Requirements, on file with the Office of Community Development. Subd. S. Parking areas shall meet the standards set in the Richfield Parking Requirements, on file with the Office of Community Development. 515.91. Requirements for accessory buildings and uses. Subdivision 1. The requirements set out in this subsection apply to accessory buildings and uses in the MR-3 District. Subd. 2. The maximum height for accessory buildings shall be 15 feet. Subd. 3. Accessory buildings shall be set back a minimum of 10 feet from any rear or interior side lot line, except that if a vehicle access door faces a rear or interior side lot line, such rear or interior side setback requirement shall be not less than 20 feet. Subd. 4. The required setback between an accessory building and any other building on the lot shall be determined by Section 400 of the City Code. . Subd. 5. No accessory building on any lot, except through lots, shall be situated forward of the front line of the principal building. Subd. 6. In the case of a through lot or comer lot, no accessory building shall be located within 30 feet of the lot lines abutting any street. Subd. 7. No accessory building shall be constructed on a lot prior to the time of construction of the principal building on the lot, unless specifically approved by the City Council. • p. 515-39 Richfield City Code (Zoning) MR-3 District DRAFT 515.93. Subdivision of lots. Whenever a lot in the MR-3 District is subdivided or re- subdivided, in accordance with the provisions of Section 500 of the City Code, the requirements for lot area, widthand depth, lot coverage, and building setback shall be applied to the newly subdivided lot(s). When computing lot area, width, and depth, the area which is unencumbered with street, alley, or highway easements shall be used. 515.95. Performance' standards. Subdivision 1: Developments shall be constructed and maintained in accordance with the standards set out in this subsection. Subd. 2. No more than 25 percent of the dwelling units in any one building shall be efficiency dwelling units. Subd. 3. Developments shall be constructed and maintained in accordance with the applicable performance standards set out in Section 540 of this code. Subd. 4. All property located within a design district or corridor overlay district shall be subject to such district's additional requirements and/or modifications. • p. 515-40 DRAFT Richfield City Code (Zoning) General Regulations for all Residential Districts 515.97. General regulations foir all residential districts. The regulations listed. in Subsections 515.97 to 515.105 apply to all residential districts. 515.99. Signs. Signs within the residential districts shall be regulated by Section 416 of the City Code. 515.101. Curing non-permitted uses and structures. Subdivision 1. Statement of policy. The City Council' has become aware that there exists a number of instances of uses and structures which, for a variety of reasons, are not permitted within the residential district in which they are located. The Council is, however, mindful that many such uses and structures have existed for long periods of time in harmony with surrounding permitted uses. The Council believes that with respect to many such uses and structures, it is in the best interest of the City and of the owners of the property on which such uses ands structures are located, that they be allowed to continue. The Council also believes that, in many instances, requiring the owner of the property to pursue other procedures contained in this code could result in unnecessary hardship. Therefore, the procedures contained in Subsections 515.103 through 515.105 of this code are intended to provide an expeditious and reasonable method whereby certain non-permitted uses and structures may be made lawful and permitted. 515.103. Uses allowed in the district with a conditional use permit. Subdivision 1. Application. The owner of property containing a use which would be permitted with a conditional use permit in the district may make an application to the Community Development Department ("department") for a conditional activity permit ("CAP"). Application must be made on forms provided by the department for that purpose. The application shall be accompanied by a fee in the amount established in Appendix D of the City Code. Subd. 2. Department review. Upon receipt of a completed application and required fee, the department shall conduct such investigation of the matter as it deems .appropriate. The department may involve other departments of the City in its investigation and may require other and further information from the applicant as may be required to complete its investigation. Upon completion of its investigation, the department shall make a written report and recommendation to the Planning Commission. The report must contain an analysis of the criteria described in Subd. 3, item g) of this subsection. Subd. 3. Planning Commission review. a) Public notice. Notice of the Planning Commission consideration of the application shall be made in the manner provided in Minnesota Statutes Section 462.357, Subd. 3. b) Public hearing. The Planning Commission shall hold a public hearing on the application. At the public hearing, the Planning Commission will consider the report and recommendation of the department, and any information which the applicant or other interested parties wish to provide, and may consider such other information as the Planning Commission will assist it in reaching its decision. p. 515-41 Richfield City Code (Zoning) General Regulations for all Residential Districts D RAF r c) -Decision. Following the public hearing, the Planning Commission will make its findings and recommendation regarding the application. Its recommendation may also include conditions which it believes should be attached to the CAP or to the granting of the CAP. The findings of the Planning Commission must include an analysis of the criteria contained in Subdivision 3, item g) of this subsection. d) Procedure following Planning Commission decision. The application will be referred to the Council for decision in accordance with item e) of this subsection in the following instances: (i) the Planning Commission specifically recommends such referral; (ii) the Planning Commission recommends denial of the application; (iii) the Planning Commission is unable to adopt a recommendation as to approval or denial; or (iv) the Planning Commission has recommended approval following a recommendation of denial by the department. • In all instances other than those outlined in (i) through (iv) above, the application shall be referred to the department for a decision in accordance with item f) of this subdivision. e) Referral to the Council. (i) Public notice. The Council may, but is not required to, give public notice of its consideration of the application. The Council shall give notice of the time and date of its consideration to the applicant. (ii) Consideration. The Council will consider the report and recommendation of the department, any findings and recommendations of the Planning Commission, any information offered by the applicant and other interested persons and any other information which the Council believes will assist it in consideration of the application. f) Referral to department. The department shall notify the applicant of any pre-conditions to issuance of the CAP, and if none, or when satisfied, the department will issue the. CAP subject to any conditions which the department deems appropriate. g) Criteria. No CAP may be recommended or approved unless the following criteria have been found to exist: p. 515-42 D R A Fm T Richfield City Code (Zoning) General Regulations for all Residential Districts (i) the use meets all the standards contained in this code for the issuance of a conditional use permit; (ii) the use has existed in substantially its present form for at least 15 years; (iii) during. its existence no complaints of adverse neighborhood impacts have been reported to the city; (iv) the use was established either by a prior owner, or by the current owner upon a good faith belief that the use was lawful when established; and (v) if the CAP relates to an existing structure, the structure either conforms to the current requirements of the building code, or the requirements of the building code as of the effective date of the. CAP; or the Building Official and applicant have agreed upon a compliance schedule which will bring the structure into compliance with the applicable building codes according to the terms of the schedule. h) CAP - effective date. The CAP shall be deemed effective on the date of issuance unless the issuing authority determines that, for good cause shown by the applicant, the CAP should be effective as of an earlier date. i) CAP - relationship to CUP. Once issued, a CAP shall be treated in all respects as a conditional use permit and shall be subject to all of the provisions of this code regulating conditional use permits. 515.105. Use or structure not permitted in the district. Subdivision 1. Application. The owner of property which contains a use or structure which is not permitted in the district in which it is located may make application to the Community Development Department ("department") for a nonconforming use permit ("NUP"). Application must be made on forms provided by the department for that purpose. The application shall be accompanied by a fee in the amount established in Appendix D of the City Code. Subd. 2. Department review. Upon receipt of a complete application and required fee, the department shall conduct such investigation of the matter as it deems appropriate. The department may involve other departments of the City in its investigation and may require other and further information from the applicant as may be required to complete its investigation. Upon completion of its investigation; the department shall make a written report and recommendation to the Planning Commission. The report must contain an analysis of the criteria described in Subd. 4, item c) of this subsection. • p. 515-43 Richfield City Code (Zoning) DRAFT General Regulations for all Residential Districts • Subd. 3. Planning Commission consideration. a) Public notice. The Planning Commission may, but is not required to, give public notice of its consideration of the application. The Planning Commission shall direct notice of its consideration to the applicant. b) Consideration and decision. The Planning Commission will consider the report and recommendation of the department, any information offered by the applicant or other interested persons and any other information which the Planning Commission believes will assist it in consideration of the application. Following the receipt of all such information, the Planning Commission will make its findings and recommendation concerning the application. The decision must include findings regarding the criteria contained in Subd. 4, item c) of this subsection. The Planning Commission may recommend that the Council place conditions on approval or on the NUP. Subd. 4. Council consideration and decision. a) Public notice. Notice of Council consideration of the application shall be made in the manner provided in Minnesota Statutes, Section 462.357, • Subdivision 3. b) Public hearing. At its public hearing, the Council will consider the report and recommendation of the department, and findings and recommendations of the Planning Commission, any information offered by the applicant or other interested persons and any other information which the Council believes will assist in its consideration of the application. Following the receipt of all such information, the Council will make its decision regarding the application. The decision must include findings regarding the criteria contained in item c) of this subdivision. If the Council approves issuance of the NUP, it may place conditions on such approval or on the NUP. Upon approval of the NUP and satisfaction of any pre-conditions to issuance, the department shall issue the NUP: c) Criteria. No NUP may be recommended or approved unless the following criteria have been found to exist: (i) any structure meets all of the standards contained in this code for the issuance of a variance; (ii) the use or structure has existed in substantially its present form for at least 15 years; 0 (iii) during its existence no complaints of adverse neighborhood impacts have been reported to the city; p. 515-44 DRAFT Richfield City Code (Zoning) General Regulations for all Residential Districts • (iv) the use or structure was established either by a prior owner, or by the current owner upon a good faith belief that the use or structure was lawful when established; and (v) the structure either conforms to the current requirements of the building code, or the requirements of the building code as of the effective date of the NUP; or the Building Official and' applicant have agreed upon a compliance schedule which will bring the structure into compliance with the applicable building codes according to the terms of the schedule. d) NUP - effective date. The NUP shall be deemed effective on the date of issuance unless the Council determines that, for good cause shown by the applicant, the NUP should be effective as of an earlier date. e) NUP - effect on use or structure. Upon issuance of a NUP, the use or structure to which the permit relates shall be deemed a lawful nonconforming use or structure and shall be subject to all of the provisions of this code regulating such uses or structures. • • p. 515-45 DRAFT Richfield City Code (Zoning) C-1 District SECTION 520 - ZONING: ComAmRCIAL DISTRICTS 520.01. Neighborhood Business District (C-1). Subdivision 1. Subsections 520.01 to 520.19 apply to the C-1 District. Subd. 2. Neighborhood business defined. A neighborhood business is a low intensity business which is primarily oriented to, and intended to serve, the residents located within one mile of such business. . Subd. 3. Purposes. The purposes of the C-1 District are to: a) provide appropriately located areas where neighborhood businesses may locate for the shopping convenience of residents of the immediate neighborhood area; b) provide opportunities for neighborhood businesses to concentrate for the convenience of the public and in mutually beneficial. relationship to each other; c) permit the development of neighborhood businesses in those areas designated for such use in the Comprehensive Plan, according to standards that minimize adverse impacts on adjacent uses; d) provide areas for neighborhood facilities and institutions which are appropriately located in the neighborhood business district; e) provide adequate space to meet the needs of modern development, including off-street parking areas, loading areas, and landscaping; f) minimize traffic congestion and avoid the overloading of utilities by preventing the construction of buildings of excessive size in relation to the surrounding land, buildings, and infrastructure; and g) protect neighborhood businesses from noise, odor, dust, dirt, smoke, vibration, heat, glare, traffic, fire, explosion, noxious fumes, and other objectionable or hazardous influences. 520.03. Permitted uses. Subdivision 1. The uses listed in this subsection are permitted uses in the C-1 District. Subd. 2. Neighborhood shopping centers or similar multi-tenant developments with 6,000 square feet or less of gross floor area. • p. 520-1 Richfield City Code (Zoning) DRAFT C-1 District Subd. 3. Neighborhood retail establishments (excluding those uses listed in Sections 520.07 and 520.09) with 2,500 square feet or less of gross floor area. Such uses include the following: a) grocery, bakery, meat, or dairy stores; b) fruit or vegetable markets; c) drug or sundry stores; d) stores which sell bicycles; and e) other neighborhood retail establishments of the same general character as those enumerated above, as determined by the City pursuant to Section 508.05 of this code. Subd. 4. Neighborhood service establishments (excluding those listed in Sections 520.07 and 520.09) with 2,500 square feet or less of gross floor area. Such uses include the following: a) barber or beauty shops; . b) dance or physical culture studios; c) service or repair shops for glass, upholstery, electrical, plumbing, and heating, provided that any related sales are a result of service, maintenance, or repair; d) video rental/sales shops; e) laundry or dry cleaning establishments; f) bicycle repair shops; and g) other neighborhood service establishments of the same general character as those enumerated above, as determined by the City pursuant to Section 508.05 of this code. Subd. 5. Neighborhood office establishments (excluding those listed in Sections 520.07 and 520.09) with 2,500 square feet or less of gross floor area. Such uses include the following: a) business or administrative offices for accounting, law, or real estate; b) professional officesufor dental or chiropractic care; and i p. 520-2 DRAFT Richfield City Code (Zoning) C-1 District c) other neighborhood office establishments of the same general character as those enumerated above, as determined by the City pursuant to Section 508.05 of this code. Subd. 6. Governmental buildings and public libraries, including their appurtenances. Subd. 7. Nursing or.rest homes. Subd. 8. Minor public utilities. 520.05. Accessory uses. Subdivision 1. The uses listed in this subsection are allowable accessory uses in the C-1 District. Subd. 2. One accessory building which is 750 square feet or less in gross floor area. Subd. 3. Parking, as authorized by a Council approved off-street parking permit. Subd. 4. Assembly or warehouse operations incidental to a permitted or conditional use, provided such use occupies no more than 30 percent of the gross floor area of the principal building. Subd. 5. Apartments within commercial buildings, provided such use occupies not more than 50, percent of the gross floor area of the principal building unless provided • for under Section 520.07, Subd. 6. Subd. 6. Satellite dish antennas and other antennas and towers that are incidental to the principal use on the premises, provided that they conform to Section 425 of the City Code and meet the following additional requirements: a) if more than one such structure is proposed, they shall be clustered in a single grouped location where possible; b) no advertising message shall be on the antenna structure; c) such structures shall be screened to the greatest extent practicable to minimize visual impacts on surrounding properties. Screening shall include landscape materials for ground mounted antenna structures, and materials compatible with those utilized on the exterior of the building for roof mounted antenna structures. Screening plans shall be approved by the Director; and d) such roof-mounted structures shall not extend higher than ten feet above the highest point of the roof, except as provided for in Section 520.07, Subd. 9 of this code. • Subd. 7. Fences, walls, and hedges as permitted in Section 508.23 of this code. p. 520-3 Richfield City Code (Zoning) C-1 District uRAFi • Subd. 8. Other uses customarily associated with, but incidental to the principal use, as determined by the City pursuant to Section 508.05 of this code. 520.07. Conditional uses. Subdivision 1. The uses listed in this subsection are conditional uses in the C-•1 District, and are subject to the conditional use permit provisions outlined in Section 545.05 of this code. Subd. 2. Neighborhood shopping centers or similar multi-tenant developments with over 6,000 square feet of gross floor area, provided the following conditions are met: a) the lot shall abut an arterial or collector street; and b) the Council shall find that the center or development and its proposed uses are designed specifically to serve the residents of the neighborhood area. Subd. 3. Neighborhood retail, service, and office establishments (excluding those listed in Section 520.09) with over 2,500 square feet of gross floor area, provided the Council finds that the use is designed specifically to serve the residents of the neighborhood area. Subd. 4. Class H (traditional/cafeteria) restaurants and Class IV (take out only) restaurants, provided the following conditions are met: • a) the gross floor area of the restaurant shall not exceed 2,000 square feet; b) drive-up window service and exterior loudspeakers shall not be permitted; c) alcoholic beverages shall not be served; and d) no more than two such restaurant uses shall be provided within a neighborhood shopping center or similar multi-tenant development. Subd. 5.. ( deleted) Subd. 6. Apartments within commercial buildings which exceed 50 percent of the gross floor area. Subd. 7. Licensed day care facilities, provided the following conditions are met: a) pick-up and drop-off areas shall be located on the site, and shall be designed to avoid interfering with traffic and pedestrian movements; b) outdoor recreational areas shall be located and designed in a manner which ` mitigates visual and noise impacts on any abutting residential parcels; and • c) such facilities shall obtain all applicable state, county, and city licenses. p. 520-4 DRAFT Richfield City Code (Zoning) C-1 District Subd. S. Multi-family dwellings that comply with the MR-2 District provisions and requirements, as set out in Section 515.59 of this code. Subd. 9. Roof-mounted antennas which extend higher than ten feet above the highest point of the roof. Subd. 10. Major public utilities. Subd. 11. Other uses similar to those conditionally permitted by this section, as determined by the City pursuant to Section 508.05 of this code. 520.09. Prohibited uses. The uses listed in this subsection are prohibited in the C-1 District: a) adult business establishments regulated under Section 605 of the City Code or Section 555 of this code; b) auction or consignment auction houses; c) automobile or boat sales/rental lots; d) bowling alleys, arcades, pool halls, or similar uses; e) car washes; f) financial institutions; g) fortune telling establishments or similar uses; h) funeral homes; • i) gun or ammunition sales/repair; j) hotels/motels; k) junk yards; 1) outdoor merchandising or storage, unless authorized under Section 1135 of the City Code; m) pawn shops or secondhand goods dealers requiring a license under Section 1186 of the City Code; n) public garages; o) service stations or service station/convenience stores; p) theaters; q) tire or auto/motorcycle parts stores; r) trucking operations; s) veterinarian clinics; and t) wholesale operations. 520.11. Lot area, width, depth, and coverage. Subdivision 1. Standards. The standards set out in this subsection apply in.the C-1 District. Subd. 2. Minimum lot area: 8,000 square feet. Subd. 3. Minimum lot width: a) Interior lot: 60 feet. b) Corner lot: 75 feet. p. 520-5 Richfield City Code (Zoning) C-1 District • Subd, 4. Minimum lot depth: 100 feet. Subd. S. Maximum impervious surface coverage: 80 percent. DRAFT 520.13. Required building setback and maximum height. Subdivision 1. Standards. The standards set out in this subsection apply in the C-1 District. Subd. 2. Eggpired setback and maximum height: .. .............. ..::.....:..... . ...;.:.....::.;;::: :::ii::;::::::::::;:::::::::;•<::;:•:::?:?;:x::.::.:.:::.: ::.>:.>:.iii<;<:.>:::::::.::a :.>:.::.>:.»:::.>:: :::.:.:::::. .:::::.?i.T??R??.:::.. :::..A7.' '? .i?•R>•.::.: ..:.. ??ifi!•?f#.:iC:?::::::::i Mk;?iiliiji?i 30 Ft. 15 Ft. 15 Ft. 20 Ft. 30 Ft. €R`` 30 Ft. 8 Ft. 15 Ft. 20 Ft. 15 Ft. Subd. 3. Additional setback requirement: vehicle access door facing a side or rear lot line. Whenever any building (principal or accessory) is located in such a manner that a vehicle access door faces a side or rear lot line, such side or rear setback requirement shall be not less than 20 feet. Subd. 4. Additional setback requirement: all structures located on a corner lot which abuts a k- lot. On a comer lot which abuts a key lot, the streetside side setback requirement of such comer lot shall be not less than 30 feet. • (Figure 12) Subd. 5. Front setback reduction: principal buildings. The front setback requirement for a principal building on a lot may be reduced to no less than the average front setback of the existing principal building(s) abutting such lot, to a minimum of 25 feet, except that this provision shall not apply if any single family lot faces the same street and lies between the same two cross- Comer lot -- ------- - ------ --- r d C C 1 gs ® >130' ' "stnetside" side lot line Key lot w n lo s curb streets. Figure 12 Subd. 6. Interior side setback reduction: principal and accessory buildings. Whenever an interior side lot line abuts a non-residentially zoned or used parcel, such interior side setback requirement may be reduced to three feet for principal and accessory buildings. Subd. 7. Story limitations. Principal buildings shall not exceed two stories in height, and accessory buildings shall not exceed one story in height. • p. 520-6 DRAFT Richfield City Code (Zoning) Industrial District • Subd. b. Fences, walls, and hedges as permitted in Section 508.23 of this code. Subd. 7. Other uses customarily associated with, but incidental to the principal use, as determined by the City pursuant to Section 508.05 of this code. 525.07. Conditional uses. Subdivision 1. The uses listed in this subsection are conditional uses in the I District, and are subject to the provisions outlined in Section 545.05 of this code. Subd. 2. Light manufacturing, warehouse, assembly, distribution, packaging, processing, research, repair, service, wholesale, retail, and office uses with over 80,000 square feet of gross floor area. Subd. 3. Those uses outlined in Section 520.27, Subdivisions 4 through 29 of this code, subject to the same conditions. Subd. 4. Vehicle towing businesses, provided the following conditions are met: a) a buffer yard of not less than 15 feet in width shall be provided to separate all aspects of such use from any abutting parcel; b) parking of vehicles on public right-of--way shall be prohibited; c) any outdoor storage of towed vehicles shall be fully screened from view of • adjacent properties and public right-of=way; and d) hours of operation may be limited by the Council to protect any neighboring residential properties from adverse impacts. Subd. 5. Other uses of the same general character as those conditionally permitted by this section, as determined by the City pursuant to Section 508.05 of this code. 525.09. Lot area: width, depth,. and coverage. Subdivision L Standards. The standards set out in this section apply in the I District. Subd. 2. Minimum lot area: 10,000 square feet. Subd. 3. Minimum lot width: . a) Ipterior lot: 75 feet. b) Corner lot: 100 feet. Subd. 4.. Minimum lot depth: 100 feet. Subd. 5. Maximum impervious surface coverage: 85 percent. U p. 525-3 Richfield City Code. (Zoning) Industrial District DRAFT • 525.11. Required building setback and maximum height. Subdivision 1. Standards. The standards set out in this section apply in the I District. Subd. 2. Required setback and maximum height: >«.... .X.#lf... >I'F 40 Ft. 25 Ft. 25 Ft. 30 Ft. 50 Ft. 111<;SSf3R' 40 Ft. 8 Ft. 25 Ft. 30 Ft. 15 Ft. Subd. 3. Additional setback requirement: vehicle access door facing?a rear lot line. Whenever any accessory building is located in such a manner that a vehicle access door faces a rear lot line, such rear setback requirement shall be not less than 20 feet; Subd. 4. Interior side setback reduction: principal and accessory buildings. Whenever an interior side lot line abuts a non-residentially zoned or used parcel, such interior side setback requirement may be reduced to three feet for principal and accessory buildings. Subd. 5. Story limitations. Principal buildings shall not exceed three stories in height, and accessory buildings shall not exceed one story in height. Subd. 6. Additional height for certain structures. Towers, water tanks, or other • appurtenant structures may be increased to no more than 150 feet in height, provided that the.required setbacks be increased one foot for each two feet of building height in excess of 50 feet, and provided such structure does not exceed 15 percent lot coverage or 1,600 square feet in gross floor area at the base, whichever is less. 525.13. Additional requirements for accessory buiidingE and uses. Subdivision 1. The . requirements set out in this subsection apply to accessory buildings and uses in the I District. Subd. 2. No accessory building on any lot, except through lots, shall be. situated forward of the front building line of the principal building. In the case of a through lot, no accessory building shall be located within 40 feet of the lot lines abutting either street. Subd. 3. In the case of a corner lot, no accessory building shall be located in the yard area between the principal building and either street. Subd. 4. The required setback between an accessory building and any other building on the lot shall be determined by Section 400 of the City Code.. Subd. 5. No accessory building shall be located on any lot prior to the time of construction of the principal building on the lot, unless specifically approved by the City Council. • p. 525-4 DR-AFT Richfield City Code (Zoning) Industrial District -Subd. 6. The design and features of an accessory building shall enhance the appearance, of the principal building. 525.15. Conduct of business operations. Subdivision 1. The following restrictions shall apply in the L District. Subd. 2. All uses and operations related to any business shall be conducted wholly within a completely enclosed building, except for permissible outdoor storage and merchandising. pursuant to Section 1135 of the City Code, and off-street parking and loading. Subd. 3. Activities which are or may become hazardous, noxious, or offensive because of the emission of odor, dust, smoke, cinders, gas, fumes, noise, vibration, refuse matter, or waterborne waste shall not be established or maintained in the I District. 525.17. Additional regulations and requirements. Subdivision 1. The regulations and requirements set out in this subsection apply to buildings and uses in the I District. Subd. 2. All developments shall be constructed and maintained in accordance with the applicable performance standards set out in Section 540 of this code. Subd. 3. Signs within the I District shall be regulated by Section 416 of the City Code. Subd. 4. Where no alley is present, a rear yard area which abuts any residential parcel shall not be used for parking, loading, or storage within eight feet from the rear lot line. Subd. 5. All property located within a design district or corridor overlay district shall be subject to such district's additional requirements and/or modifications. • p. 525-5 DRAFT Richfield City Code (Zoning) Planned Unit Developments 0 SECTION 530 - ZONING: PLANNED UNTT DEVELOPMENTS 530.01. Planned Unit Developments. Subdivision 1. This Section 530 applies to planned unit development zoning districts. Subd. 2. Planned unit development defined. A planned unit development is a development of land. that is under unified control and is planned and developed as a whole. in a single development operation or- in a programmed series of development stages. The development may include streets, circulation ways, utilities, buildings, open spaces, and other site features and improvements. A planned unit development is built according to a detailed final development plan, as approved by the City Council. Subd. 3. Short name. The term "planned unit development" may be referred to as PUD in this code. Subd. 4. Definition: original district. As used in this Section, the term "original district" means the zoning district from which land is proposed to be rezoned to a PUD. Subd. 5. Purposes. The purposes of this section are to: a) provide for the establishment of PUD zoning districts where appropriate; b) provide a means of flexibility to the strict application of the land use regulations in this code, while at the same time protecting and promoting the health, safety, comfort, aesthetics, economic viability, and general welfare of the City and its residents; c). promote a more creative and efficient approach to land use within the City, while at the same time, encouraging superior design and construction materials; d) allow greater intensities and wider varieties in the types of environment available to City residents; e) preserve and enhance natural features and open space; f) improve the efficiency of public streets and utilities; and g) provide transitions in land use in keeping with the character of adjacent land uses. Subd. 6. Departure from original district regulations. The various zoning regulations and requirements (e.g., use, building setback, height) which apply to the original district should be considered as guidelines and may be departed from in the approval of any PUD to accomplish the.purposes described in Subd. 5 of this Subsection. p. 530-1 Richfield City Code (Zoning) DRAFT Planned Unit Developments 530.03. Unified control. A planned unit development shall be in a single ownership or under the management and supervision of a central authority, or otherwise subject to such long-term leases or other ownership controls as the Council deems necessary. • 530.05. Integrated design. A PUD shall consist of a harmonious selection of uses in groupings of buildings, services, parking areas, traffic and pedestrian circulation and open spaces, and shall he planned and designed as an integrated unit. 530.07. Coordination with subdivision regulations. Subdivision review under Section 500 of the City Code shall be carried out simultaneously with the review of a PUD. 530.09. Minimum lot area requirement. A PUD district shall contain not less than 43,560 square feet in lot area. For the purposes of this Section 530 only, lot area shall include the PUD site, plus one-half of the area of abutting streets and alleys. 530.11. PUD districts and allowable uses. Subdivision 1. Establishment of PUD districts. The following table denotes the six types of PUD districts, the abbreviations for such PUD districts, and the allowable uses within each PUD district: .......:.....:... _ ABBR)E?Af3I?»<??>>??t'1??B1E<:ITSR Planned Residential PR R & R-1 Planned Two Familv Residential PMR-1 MR-1 Planned Multi-Familv Residential PMR MR-1, MR-2, & MR-3 Planned Neighborhood Commercial PC-1 C-1 Planned General. Commercial PC-2 C-2 & C-3 Planned Industrial PI I Subd. 2. PMR-1 densitv limitation. In the PMR-1 District, the density of two family dwellings shall not exceed ten dwelling units per acre. Subd. 3. Mixed land uses. Uses other than the allowable uses listed in Subd. 1 above, are permitted in a PUD district, provided that: . a) the use is one which is authorized in one of the six types of PUD districts; and b) such additional use shall not occupy more than 33 percent of the gross floor area within the planned unit development ; and 0 an adult establishment as defined and regulated in Section 1196 of the City Code is not permitted in any PUD district other than a PC-2 district. 530.13. PUD concept proposal statement. Subdivision 1. Any person requesting to establish a PUD district shall first submit a PUD concept proposal statement to the Director. The purpose of the PUD concept proposal statement is to afford such person an opportunity to have the general feasibility of a PUD proposal informally reviewed by the City, without incurring substantial expense. p. 530-2 DRAFT Richfield City Code (Zoning) Planned Unit Developments • Subd. 2. Required information. A PUD concept proposal statement shall provide the following information: a) name and address of person(s) requesting establishment of the PUD district; b) sketch plan which identifies the location and delineates the boundary lines of the proposed PUD district; c) detailed written description of the proposed PUD, which includes project. funding and the planning objectives to be achieved; d) conceptual schematic drawings of the proposed PUD; e) anticipated development timing for each stage of development; and f) any additional information as required by the Director to determine the general feasibility of the proposed PUD, and to determine whether such proposal would conform to the City's Comprehensive Development plan and any applicable redevelopment plans. Subd. 3. Response to the PUD concept proposal statement. Within 20 days after receiving a completed PUD concept proposal statement, the Director shall produce a written response to such statement which may include comments and/or • recommendations. A PUD application may proceed only after a response has been submitted to the applicant. Acceptance of, or response to, the PUD concept proposal statement by the Director shall not constitute, or in the future require, approval of the PUD application, PUD rezoning, final development plan, or related conditional use permit. 530.15. PUD application. Subdivision 1. Required materials. Upon completion of the required actions in Subsection 530.13 of this code, an applicant for a PUD shall submit the application materials outlined in this Subsection. Subd. 2. Rezoning, materials. Application and all related materials required for a rezoning from the original district to one of the six types of PUD districts. Subd. 3. Subdivision materials. Application and all related materials for review under Section 500 of the City Code, if land encompassed within a proposed PUD is to be platted, replatted, or subdivided. Subd. 4. Project identification information: a) a list identifying all current owners, legal and equitable, of land or improvements within the proposed PUD; b) a list identifying all proposed owners, legal and equitable, of land or improvements within the proposed PUD; p. 530-3 Richfield City Code (Zoning) Planned Unit Developments DRAFT c) a list identifying all developers and parties involved in the development, including their previous experience and the nature and extent of their participation; d) a detailed description of the source and type of financing for the project; e) a description of what will be done with the project if approved, and who = will do it. Will the property be marketed undeveloped, rough graded, or will the developer carry the project through actual construction of structures? Also, state whether structures will be retained, sold, or leased; f) a development schedule for each stage of development from initial site development through building construction. Any phasing of different portions of the project must be explained; g) a list of all governmental agencies which have review authority over any portion of the development, what aspect of the project requires their review, and what approvals are necessary. Explain what public improvements would be necessary to serve the project (e.g., utilities, roads, road improvements, parks, schools); and h) additional information as required by the Director. • Subd. 5. PUD area information: a) a legal description of all land within the proposed PUD district, including descriptions of all encumbrances and/or easements upon the proposed PUD district, and including the right-of--way widths and roadway widths of all adjacent public. roadways; b) a description of how the proposed PUD conforms, or fails to conform, with the City's Comprehensive Development Plan and any applicable redevelopment plans; c) a description of regional factors the plan is predicated upon, such as: market analysis, market area, population centers, major roads, railroad, airport, proximity to regional services, etc. Also, describe any impact the PUD would have on regional services and systems; d) a description of how the land within the PUD will be served by transportation systems, and analysis of the PUD's impact upon such transportation systems. If transportation systems are not adequate to accommodate the development's expected traffic generation, describe the necessary improvements. Indicate how the plan provides for mass transit, pedestrians, and bicycle traffic, and indicate how sidewalks and trails will tie into the City-wide system; and is e) additional information as required by the Director. p. 530-4 DRAFT 0 Subd. 6. Site plan materials: Richfield City Code (Zoning) Planned Unit Developments a) a site plan indicating the boundaries, dimensions, and area of the proposed PUD district; b) a preliminary plan showing the location, dimensions, and gross floor area of proposed structures; c) a preliminary plan showing the proposed land use(s) for each parcel and each building, the amount of floor area devoted to each use, and all areas to be designated for mixed land uses allowed by Subsection 530.11, Subd. 3 of this code; d) a preliminary plan showing the location, arrangement, and number of parking spaces, loading facilities, and mass transit facilities including bus turnouts and shelters; e) a preliminary plan showing the location and dimension of all curb cuts and driveways, and their relationship to all existing and proposed public streets; f) the proposed location, design, and dimension of pedestrian and bicycle facilities, walks, skyways, plazas, courts or other related areas; • g) preliminary building plans, elevations, general specifications of materials, and unusual structural systems, prepared by an architect registered in the State of Minnesota; h) a preliminary land/building use profile including computations of gross/leaseable square footage, housing unit breakdown to square foot, bedrooms, persons/unit, parking requirements, etc.; i) a preliminary storm water management plan and site grading plan including an analysis of the adequacy of surface drainage, storm sewer and catch basin drainage, storm water retention, and erosion control; j) a preliminary plan depicting natural features and natural features to be preserved, as well as existing vegetation with detailed locations of trees 12" or larger in diameter; k) a preliminary utility plan showing easements, sewer, water, and power services to all proposed uses; 1) a preliminary plan showing utilities and utility easements to remain, to be installed, to be relocated, and to be removed or vacated; m) a preliminary plan showing the proposed location and dimensions of all walls, fences and landscape plantings; p. 530-5 Richfield City Code (Zoning) Planned Unit Developments DRAFT • n) a plan showing the proposed location and dimensions of all signs and lighting fixtures, including the illumination characteristics of all lighting; o) a soils map that depicts surface and subsurface conditions that may affect construction; and p) additional information as required by the Director. Subd. 7. Legal instruments. As part of the PUD application, the applicant shall submit proposed declarations of covenants, conditions and restrictions, articles of owners, associations and all other such documents as the City may deem necessary in such form and containing such provisions as will ensure that adequate property control is provided to protect the individual owner's rights and property values, to establish responsibility for maintenance and upkeep, and to ensure continuing compliance with the PUD, as approved. The City. shall require that such declarations of covenants, conditions and restrictions, or other documents provide' that in the event any association or corporation fails to maintain properties in accordance with the applicable ordinances and regulations of the City or fails to pay taxes or assessments on properties as they become due and in the event the City incurs any expenses in enforcing its ordinances or rules and regulations, which expenses are not immediately reimbursed by the association or corporation, the City shall have the right to assess each property its pro rata share of such expenses. These assessments, together with interest thereon and costs of collection, shall be a lien on each property against which each such assessment is made. 530.17. Review of PUD application. Subdivision 1. Procedure. Upon receipt of a completed PUD application and the fee set by Appendix D of the City Code, the following review procedure set out in this subsection shall commence. Subd. 2. Planning Commission review. The Planning Commission shall conduct a public hearing on the PUD.application and serve mailed notice of such hearing to the applicant and all property owners situated wholly or partially within 350 feet of the proposed PUD district. Within 45 days after adjournment of such public hearing, the Planning Commission shall submit its recommendation to the Council. The Planning Commission may recommend approval with or without modifications, or may recommend denial of the PUD application. Subd. 3. Council consideration. Following action by the Planning Commission, the Council shall'hold a public hearing and consider rezoning the area described in the plan. If the PUD plan is approved, the area shall be rezoned as one of the six types of PUD districts. 0 p. 530-6 DRAFT Richfield City Code (Zoning) Planned Unit Developments • Subd. 4. Required findings. The findings necessary for approval of a PUD application shall be as follows: a) the proposed development conforms with the goals and objectives of the City's Comprehensive Development Plan and any applicable redevelopment plans; b) the proposed development is designed in such a manner as to form a desirable and unified environment within its own boundaries; c) the development is in substantial conformity with the purpose and intent of the original district, and departures from the original district regulations are justified by the design of the development; d) the development will not create an excessive burden on parks, schools, streets, or other public facilities and utilities which serve or are proposed to serve the development; e) the development will not have undue adverse impacts on neighboring properties; and f) the terms and conditions proposed to maintain the integrity of the plan are sufficient to protect the public interests. 530.19. Final development plan and conditional use permit. Subdivision 1. Upon approval of the PUD application and rezoning, but prior to the commencement of any construction or development of land, an applicant shall submit a final development plan, together with an application for a conditional use permit for the development shown in the final development plan, which is consistent with the PUD application. Approval of such final development plan and conditional use permit requires a two-thirds vote of the Council. Subd. 2. A final development plan shall consist of the following: a) if required, a final plat of the land to be developed; b) all materials required under Section 530.15, Subd. 6 of this code in "final" form; and c) additional information as required by the Director or Council. Subd. 3. Legal instruments. As part of the final development plan and conditional use permit, the applicant shall submit "final" declarations of covenants, conditions and restrictions, articles of owners, associations and all other such documents as the City may deem necessary pursuant to Section 530.15, Subd. 7 of this code. • p. 530-7 Richfield City Code (Zoning) Planned Unit Developments DRAFT • 530.21. Compliance with the PUD elan and final development plan. Subdivision Changes. The development of a PUD district shall be in substantial compliance with the approved PUD plan, final development plan, and conditional use permit. Compliance shall not be considered substantial if there is: a) more than ten percent change in floor area in any one structure; b) more than a ten percent change in the approved separation of buildings; c) any change in the original approved setbacks from property lines; d) more than five percent change in the ground area covered by the building; or e) any change in the ratio of off-street parking and loading space to gross floor area. Subd. 2. Building permits. A building permit may not be issued for a structure within the PUD district until the Director certifies that the structure conforms to the provisions and conditions of the PUD plan, final development plan, and conditional use permit. Upon approval by the Director, the building permit application, along with the appropriate information required for building permits shall be submitted to the Building Official who shall process the building permit in conformance with the Building Code. 530.23. Cash escrow. The Council may require an applicant to provide the City with a cash escrow prior to the issuance of any building permits within a PUD. Such cash escrow amount shall be determined by Council. Upon satisfactory completion of all construction within the PUD, the escrow shall be released by the Director and Building Official. 530.25. Plan amendments. Any amendment to a final development plan and conditional use permit shall require a two-thirds vote of the Council. The Council may hold such hearings on a proposal to amend a final development plan and conditional use permit as it may consider necessary; but at least one public hearing shall be held. The Council may consider all factors considered in connection with rezoning the PUD district and issuing the conditional use permit therefor, as well as any other factors relevant to the public health, safety, comfort, aesthetics, economic viability, or general welfare and to the protection of property or improvements in the neighborhood. 530.27. Fees. The application fee for a PUD or amendment thereto is set by Appendix D of the City Code. In addition, legal fees, consultant fees, and other reasonable costs incurred by the City in its review and consideration of the PUD application shall be paid by the applicant. • p. 530-8 DRAFT Richfield City Code (Zoning) Group Housing Developments SECTION 535 - ZONING: GROUP HOUSING DEVELOPMENTS Section 535 entitled "Zoning: group housing developments" is repealed. 0 p. 535-1 DRAFT Richfield City Code (Zoning) Performance Standards SECTION 540 - ZONING: PERFORMANCE STANDARDS 540.01. Purpose and application. The purpose of these performance standards is to establish specific requirements and quantifiable limitations, and to ensure high standards of development.. The performance standards outlined in this Section 540 shall apply to all new developments, except single family and two family developments. These standards shall also apply to existing developments when physical changes are made, or when otherwise stated. 540.03. Exterior lighting. Subdivision 1. Lighting shall be designed and arranged to limit direct illumination and glare upon abutting parcels. Reflected glare or spill light shall not exceed five-tenths foot-candle if abutting a residential parcel, or one foot-candle if abutting a commercial, industrial, or institutional parcel, as measured at the lot line of such abutting parcel. Street lights installed in public right-of-way shall be exempt from these standards. Subd. 2. Mitigative measures shall be employed to limit glare and spill light to protect neighboring parcels and to maintain traffic and pedestrian safety on public streets and sidewalks. These measures shall include lenses, shields, louvers, prismatic control devices and limitations on the height and type of fixtures. The City may also limit the hours of operation of outdoor lighting if it is deemed necessary to reduce impact on the surrounding neighborhood. Subd. 3. Flickering or flashing lights shall not be permitted. is Subd. 4. Direct off-site views of the light source shall not be permitted except for globe and/or ornamental light fixtures. Globe and ornamental fixtures shall only be used if the developer can demonstrate that off-site impacts stemming from direct views of the bulb are mitigated by the fixture design and/or location. Subd. 5. The City may require, at the developer's expense, submission of a light distribution plan if deemed necessary to ensure compliance with the intent of this subsection. 540.05. Traffic/parking studies. Subdivision 1. In review of a project or application, the City may require, at the developer's expense, submission of a traffic and/or parking analysis which is prepared by a traffic engineer. Such analysis shall assess the potential impact of a proposed project on roadways, intersections, and/or on-site parking and circulation. Subd. 2. If a traffic study indicates that a proposed project or use will have significant impact on the existing service levels of roadways and intersections, the City may require a "traffic management plan" to mitigate traffic impacts. Such plan may include travel demand management (TDM) strategies, use of transit facilities, or other appropriate measures to reduce traffic congestion. Such plan may also necessitate improvements to road systems. The developer shall be responsible for installation and. expense of necessary road system improvements, and any such improvements shall be constructed and installed according to City specifications. 11 p. 540-1 Richfield City Code (Zoning) Performance Standards • DRAFT 540.07. Off-street parking and loading requirements. Off-street parking spaces shall be provided in accordance with this code, the Richfield Parking Requirements on file with the Office of Community Development, and Sections 800.17 and 1320 of the City Code. In commercial and industrial zoning districts, loading areas shall be provided on the site in accordance with the Richfield Parking Requirements. All parking and loading areas shall be permitted only upon issuance of an off-street parking permit, as approved by the Council. 540.09. Landscaping and screening requirements. Subdivision 1. Landscaping and screening shall meet the standards as outlined in Richfield Landscape Requirements on file with the Office of Community Development. Subd. 2. Landscape maintenance. All required landscaping, screening, and fences shall be maintained so as to not be unsightly in appearance or in a state of disrepair, nor shall harmful health or safety conditions be present. 540.11. Underground utilities. All electrical and telephone utility service lines from existing or new distribution systems to any new multi-family dwelling, commercial, industrial, or institutional building shall be installed underground. 540.13. Exterior treatment of buildings. Subdivision 1. Consistent quality. All multi- family structures with seven or more units, and all commercial, industrial, and institutional buildings, including major reconstruction thereof, shall be planned and constructed so that the design and treatment of each exterior wall and roof surface shall be finished with permanent materials of consistent quality to that provided for the front wall and front roof surface. This requirement, however, shall not be applicable to walls or roof surfaces which are so located in relation to other buildings or structures that surfaces will be completely screened or masked from view. Subd. 2. Wall surfaces. The main exterior wall surface of multi-family, commercial, industrial, and institutional buildings shall be constructed of brick, glass, stone treated concrete panels, or other materials of high. architectural quality as approved by the Director: Decorative block, wood, or other materials of a permanent nature may be acceptable minor wall surfaces. No such buildings shall be constructed in a manner that any wall parallel, or nearly parallel, to a street is void of windows (or simulated windows). 540.15. Screening mechanical equipment. Any mechanical equipment located on the roof top, exterior walls, or premises of any multi-family, commercial, industrial, or institutional building shall be enclosed in a screening enclosure. Such enclosure shall be designed to provide a safety shield around such equipment and shall conceal it from public view and from view of nearby premises. Such enclosure shall be constructed of materials that are similar to the principal structure. Plans for such enclosure shall be included with construction plans. The requirements of this subdivision shall not apply to window or room air conditioners, or to stacks. 9 p. 540-2 AF DRT Richfield City Code (Zoning) Performance Standards 540.17. Dumpster enclosures. Subdivision 1. ScreenAll residential structures with more than,three units, and all commercial, industrial, and institutional uses shall provide a screening enclosure for required dumpsters. Such. enclosures shall completely conceal the dumpster(s) from all sides. Subd. 2. Materials. Dumpster enclosures shall be constructed of durable, weather resistant materials which are properly anchored. Enclosure materials shall be similar to the principal building. Subd. 3. Size. -_,Dumpster enclosures shall provide sufficient space for required dumpsters and additional space for storage of recyclable materials. In no case shall they exceed 600 square feet in area. Subd. 4. Location. Dumpster enclosures shall be located behind the front building line of the principal building (as extended to the side lot lines). Enclosures shall be set back not less than five feet from any lot line or any other building on the premises, unless integrated. into such building or approved by the Building Official. Subd. 5. Landscapingof enclosure. The screening enclosure shall be landscaped in accordance with the Richfield Landscape Requirements. Subd. 6. Concrete floor. All dumpster enclosures shall have a concrete floor. 540.19. Stormwater management. All new and modified developments shall comply, to the extent practicable, with the City's stormwater management plan as administered through the City Engineer's Office. p. 540-3 DRAFT Richfield City Code (Zoning) Administration 0 SECTION 545 = ZONING: ADMINISTRATION 545.01. Administration of Zoning Code. The Director shall be responsible for the administration and enforcement of this code. The Director shall create and maintain such systems of records and files and establish such administrative procedures as are necessary to promote the efficient administration and enforcement of this code. The Director may designate additional persons as.may be necessary or convenient to administer and enforce this code. The Director may institute, in the name of the City, any appropriate actions or proceedings against a violator of this code as provided in Sections 115 and 320 of the City, Code or any applicable statute. Any person aggrieved by any procedure or decision of the Director may appeal to the Board of Adjustments and Appeals. 545.03. Board of Adjustments and Appeals. Subdivision 1. Establishment. The Board of Adjustments and Appeals is established and continued pursuant to Minnesota Statutes, Section 462.354. Subd. 2. Short name. The Board of Adjustments and Appeals shall be referred to as the "Board" in this Section 545. Subd. 3. Council as Board. The City Council shall serve as the Board of Adjustments and Appeals. 0 Subd. 4. Powers. The Board shall have the following powers: a) to hear and decide appeals where it is alleged that there is an error in any order, requirement, decision, or determination made by the Director in the interpretation or enforcement of this code; b) to hear and decide variances to the literal provisions of this code upon the expiration of authority of the Committee of Hearing Examiners established .by Section 545.09 of this code; c) to hear and decide appeals of any decision made final by the Planning Commission or by a Hearing Examiner. Subd. 5. Application. An application/request for an adjustment or appeal shall be made to the Director by written notice. Subd. 6. Public hearing. Upon receipt of a written notice requesting an adjustment or appeal, the Board may set a time and place for a public hearing on the request. At least ten days before the date of any such hearing, a notice of the hearing shall, be published once in the official newspaper. • p. 545-1 Richfield City Code (Zoning) DRAFT Administration Subd. 7. Procedures. The Director shall prepare reports and other necessary information for the Board. The Board shall, within 45 days, make a decision regarding any matter before it by adopting findings. A copy of the Board's decision shall be served by mail upon the person requesting the adjustment or appeal. Subd. 8. Compliance. In all cases in which adjustments or appeals are granted under the provisions of this subsection, the Board may require such evidence and guarantees as it deems necessary to. insure compliance with' any conditions placed upon such granting. 545.05. Conditional use hermits. Subdivision 1. Permit required. It shall be unlawful to engage in any use listed in this code as a conditional use without first obtaining a conditional use permit (CUP) from the City pursuant to this subsection. Subd. 2. Limitations. A conditional use permit may not be issued for the purpose of granting an adjustment-or appeal, or for any use prohibited in the zoning district for which the permit is sought. Subd. 3. Application. Application for a conditional use permit shall be made to the Director on forms provided by the City. Subd. 4. Planning Commission review. After receipt of a completed application, a • date shall be set for consideration before the Planning Commission. The Planning Commission may offer whatever public notice of its review it deems necessary. Following this consideration, the Planning Commission shall make a recommendation to the City Council regarding the application. Subd. 5. Public hearing. After receipt of the recommendation of the. Planning Commission, a date.shall be set for a public hearing. - Not less than 10 days prior to the public hearing, notice shall be published once in the official newspaper and sent by mail to all the owners of properties located wholly or partially within 350 feet. The Council shall make the final. determination. on the application, and in doing go shall make findings regarding its review. The Council, may impose conditions and require guarantees on the granting of the permit in order to ensure compliance with the conditions designated in connection therewith. The Council shall make a decision within 120 days of submission of a completed application or such longer period not objected to by the applicant. If the Council fails to make a timely decision, the conditional use permit shall be deemed to have been approved. Subd. 6. Conditions for issuance. The Council may not grant a conditional use permit unless it finds that all of the following conditions will be met: a) the proposed use is consistent with the goals, policies, and objectives of the City's Comprehensive Plan; • p. 545-2 DRAFT Richfield City Code (Zoning) Administration b) the proposed use is consistent with any officially adopted redevelopment plans or urban design guidelines; c) the proposed use is or will be in compliance with the performance standards specified in Section 540 of this code; d) the proposed use will not have undue. adverse impacts on governmental facilities, utilities, services, or existing or proposed improvements; e) the use will not have undue adverse impacts on the public health, safety, or welfare; and f) there is a public need for such use at the proposed location; and g) the proposed use meets or will meet all the specific conditions set by this code for the granting of such conditional use permit. Subd. 7. Recording of CUP. Upon commencement of an approved conditional use, a certified copy of the conditional use permit shall be filed by the applicant with the Hennepin County Recorder or Registrar of Titles. The permit shall contain the legal description of the property. Subd. 8. Expiration of CUP. A conditional use permit shall expire one year after it has been issued unless: a) the use for which the permit was granted has commenced within the one year period; or b) upon written request of the person or corporation holding the CUP, the Council . extends the expiration date for an additional period not to exceed one year. Subd. 9. Term of CUP. A conditional use permit shall remain in effect for so long as the conditions regulating it are observed, unless specifically stated otherwise. A conditional use permit shall expire if normal operation of the use has been discontinued for 12 or more months. Time shall be calculated as beginning on the day following the last day in which the use was in normal operation and shall run continuously thereafter. Subd. 10. Amendment to CUP. Holders of a conditional use permit may propose amendments to the permit by following the procedure set in this subsection for issuance of a new permit. Significant changes in the circumstances or scope of the use shall require approval of the Council. Such changes may include, but are not limited to, hours of operation, increase in number of employees, expansion of structure or premises, or major operational modifications, as determined by the Director. The Planning Commission may recommend, and the Council may impose, additional or modified conditions as a result of the amendment. p. 545-3 Richfield City Code (Zoning) Administration DRAFT Subd. 11. Fee. The fee for a conditional use permit or amendment thereto is set by Appendix D of the City Code. Subd. 12. Revocation of CUP. The Council may review conditional use permits periodically and may revoke a permit upon violation of any condition of the permit, any law of the United States or the State of Minnesota, or any ordinance of the City. The procedure for revocation set out in Subd. 13 of this Subsection shall be followed. If it is discovered after approval of the conditional use permit that the City's decision was based at least in part on fraudulent information, the Council may revoke the permit, modify the conditions, or impose additional conditions. Subd. 13. Procedure for revocation. The procedure for revocation of a conditional use permit shall be as follows: a) Complaint. The Director shall review any complaints received by the City or any other party involving property which is subject to a conditional use permit, and shall determine whether, in the Director's judgment a violation of the terms or conditions of any conditional use permit appears to have occurred. b) Notice of apparent violation. If the Director determines that an apparent violation of such terms and conditions exists, the Director shall cause a • notice of violation to be mailed to the owner of the property or owner's agent and to any other person known to the City to be conducting- the use for which the conditional use permit was granted. The notice shall: (i) be in writing; (ii) state the violation or violations found to apparently exist and state the remedial actions which must be taken to achieve compliance with the terms and conditions of the conditional use permit; (iii) provide a reasonable time, but not less than ten days, for the recipient to remedy the violation or violations stated in the notice; and (iv) inform the recipient that if the stated violations are not remedied within the stated time period, the Director will request the Council to consider revocation of the conditional use permit. c) Failure to comply. When notice has been given in accordance with "item b)" above and the recipient has failed to correct the violations stated in the notice within the time allowed, the Director shall refer the matter to the City Manager with a recommendation that a hearing be held by the Council to consider the revocation of the conditional use permit. A copy of the Director's recommendation shall be mailed to the same persons who previously were mailed the notice of violation. p. 545-4 DRAFT Richfield City Code (Zoning) Administration d) Scheduling of hearing. If the City Manager concurs in the recommendation of the Director, the City Manager shall schedule a hearing before the Council to consider revocation of the conditional use permit. The date of the hearing shall be as soon as is reasonably convenient. e) Notice of hearing. Upon the scheduling of the hearing, the Director shall furnish mailed notice of such to the same persons who were mailed notice of the violation. The notice shall: (i) state the time, date and location of the hearing; (ii) describe all violations which will form the basis of the Director's recommendation to the Council; (iii) describe the recommendation which the Director intends to make to the Council with respect to revocation; and (iv) inform the recipient of its opportunity to be present at the hearing, to be represented by legal counsel during the hearing, and to present testimony and evidence. f) Public notice. The Director shall also provide a mailed notice containing the information described in subparagraphs (i), (ii), and (iii) of "paragraph e" above to all other persons who would have been entitled to notice had the hearing been to consider the granting of the conditional use permit. g) Determination. At the conclusion of the hearing, or as soon thereafter as is reasonably possible, the Council shall render its written decision. The decision shall state the terms and conditions of the conditional use permit found to have been violated; and shall state the determination of the Council with regard to revocation of the conditional use permit. The Council may, in lieu of revocation, permit the conditional use permit to continue subject to such further or additional terms and conditions as in its judgment are necessary to insure compliance with the conditional use permit. The Council's written findings and determination shall be mailed to the persons who were mailed the Director's notice of violation. If a conditional use permit is revoked, all uses and activities which are permitted only by such conditional use permit shall immediately cease. In addition, all other licenses and permits issued by the City which require, as a condition of their issuance, the existence of the conditional use permit, shall be subject to termination in the manner set forth in the City Code or other applicable law. Subd. 14. Other remedies for violation of CUP. In addition to the procedure set forth in Subd. 13 above, the City may exercise, with or separately from such procedure, all and any other remedies and actions available to the City including, but not limited to those contained in Sections 115 and 320 of the City Code. p. 545-5 Richfield City Code (Zoning) Administration DRAFT 545.07. Zoning amendments. Subdivision 1. Initiation of Amendment. An amendment of this code may be initiated by the Planning Commission, Council, or by petition of the owners of not less than 50 percent of the land proposed to be rezoned and by the owners of at least 50 percent of the land within 300 feet of the land proposed to be rezoned. Properties owned by federal, state, 'municipal entities, or other political subdivisions shall be excluded from any computation of the percentage of land necessary for rezoning petitions initiated by landowners. Subd. 2. Application. An application for a change in the boundaries of a zoning district made by the owner of the property shall be submitted to the Director on forms provided by the City. Subd. 3. Planning Commission review. After receipt of a completed application, a date shall be set for consideration before the Planing Commission. The Planning Commission may offer whatever public notice of its review that it deems necessary. Following this consideration, the Planning Commission shall make a recommendation to the Council regarding the application. Subd. 4. City Council consideration. After receipt of the recommendation of the Planning Commission, the Council shall consider the matter at a first reading. The Council may offer whatever public notice of its first reading review that it deems necessary. If the application is approved for first reading, the Council shall set a date for a second reading and public hearing. Not less than 10 days prior to the public . hearing, notice shall be published once in the official newspaper. Notice regarding an amendment which involves a change in the boundaries of a zoning district shall also be sent by mail to the applicant and all the owners of properties located wholly or partially within 350 feet. The Council shall act upon the amendment within 120 days of submission of a completed application or such longer period not objected to by the applicant. If the Council fails to make a timely decision, the amendment shall be deemed to have been denied. The Council may adopt an amendment to this code only upon an affirmative vote of at least two-thirds of its full membership. Subd. 5. Issuance of building permit. No building permit for any building or structure may be issued while proceedings for rezoning of the land wherein the structure is located or to be located are pending, unless the permit would be permitted under both the existing zoning classification and the proposed zoning classification for such area, or unless Council approval is first obtained. Subd. 6. Time limitation. Not more than one petition for the rezoning of any particular piece of land shall be made within any twelve month period. Subd. 7. Fee. The fee for a petition to rezone land is set by Appendix D of the City Code. Subd. 8. Effective date. Amendments to this code shall be effective in accordance with Section 3.09 of the Richfield City Charter. • p. 545-6 DRAFT 545.09. Variances. variances: Richfield City Code (Zoning) Administration Subdivision 1. Limitations. The following limitations apply to a) a variance may be granted from the literal provisions of this code only in instances where such action would be consistent with the general purpose and intent of this code and all the following criteria are found to exist: (i) strict enforcement of this code would cause an undue hardship. "Undue hardship" as used in connection with the granting of a variance means the property in question cannot be put to a reasonable use if used under the conditions allowed by this code. Economic considerations alone shall not constitute an undue hardship if reasonable use of the property exists under the terms of this code. Undue hardship includes, but is not limited to, inadequate access to direct sunlight for solar energy systems; (ii) unusual or unique circumstances apply to the property which do not apply generally to other properties in the in the same zone or vicinity, and such circumstances were not created by any persons presently having interest in the property; (iii) the variance, if granted, would not alter the character of the neighborhood. The completed project would not impair an adequate supply of light and air to adjacent properties, or substantially increase the congestion of public streets, or increase the danger of fire, or endanger the public safety, or substantially diminish property values, or have a detrimental or injurious impact on surrounding properties; and (iv) the variance requested is the minimum variance which would alleviate the undue hardship. b) use variances shall not be granted. Subd. 2. Committee of Hearing Examiners. The Committee of Hearing Examiners is a special committee of the Board of Adjustments and Appeals, and shall be administered by the Director. The specific duties of this Committee are to hear and decide requests for variances from the literal provisions of this code. This Committee of at least two Examiners is appointed by the City Manager for a term of two years subject to confirmation by the Council. During the term of appointment members serve at the pleasure of the City Manager. Subd. 3. Application. Application for a variance shall be made to the Director on forms provided by the City. 9 p. 545-7 Richfield City Code (Zoning) DRAFT Administration • Subd. 4. Public hearing. Upon receipt of a completed application, the Director shall assign the application to one Hearing Examiner and a date shall be set for a public hearing before the Hearing Examiner. Not less than 10 days prior to the public hearing, notice shall be published once in the official newspaper and sent by mail to all the owners of property located wholly or partially within 350 feet.. Subd. 5. Decision. Not less than 30 days after the close of the hearing or any continuan ce which is not appealed by the applicant, the Hearing Examiner shall render a written decision regarding the application. The decision shall be supported by findings specifically related to the applicable criteria contained in this code. The decision shall be mailed to all parties' of record and filed with the City Clerk. The Hearing Examiner's decision shall be final, subject to appeal. If the Hearing Examiner fails to render a written decision within such time period, the applicant may present its application to the Board of Adjustments and Appeals for consideration at its next regularly scheduled meeting. The Hearing Examiner or Board may impose conditions in granting variances to effect the intent of this code and to protect adjacent properties. Subd. 6. Staff report. The Director shall provide a written report to the Hearing Examiner outlining the proposal and enumerating the various reasons for a recommendation to either approve or deny the variance request. The written report shall be filed with the Hearing. Examiner at least 72 hours prior to the date of the hearing. Copies of the report shall be made available to the applicant, and shall be • furnished to others upon request. Subd. 7. Powers of Hearing Examiner. A Hearing Examiner may call witnesses, subpoena relevant reports, and accept any evidence and testimony, which in the judgment of the Hearing Examiner is relevant to the issues being heard. Those in attendance at the public hearing shall have the right to present testimony and evidence. The. Hearing Examiner may impose limitations on the number of witnesses and on the nature and length of testimony. Subd. 8. Record keeping. A tape recording shall be made of the hearing. The tape will be transcribed on request of the Board. The tape will also be transcribed at the request of any person upon the payment of all costs of transcription. Written minutes shall' also be taken at the public hearing, and shall be kept on permanent file in the Office of Community Development or may be transferred to State Archives. Subd. 9. Appeals. Any person aggrieved by the decision of the Hearing Examiner may appeal such decision if a written notice of appeal. is submitted to the Director within ten days of the date of the decision. The notice of appeal shall be addressed to the attention of the Board of Adjustments and Appeals. Subd. 10. Rehearing. Any applicant may within seven days of the date of filing of the Hearing Examiner's decision, apply for a rehearing of a variance request denied by the Hearing Examiner if significant new factual evidence relevant to the case not available to the applicant in the original hearing can be presented. The request for a rehearing shall state the nature of the new evidence and why it was not previously p. 545-8 DRAFT Richfield City Code (Zoning) Administration available. If an application for rehearing is timely made, the time to appeal will be extended until the decision on granting or denying a rehearing is made. If a rehearing is allowed, the Hearing Examiner's decision shall be withdrawn. Subd. 11. Recording of variance. Upon completion of the project requiring the variance, a certified copy of the variance shall be filed by the applicant with the Hennepin County Recorder if the variance applies to abstract property. The variance shall contain the legal description of the property affected. Subd. 12. Expiration of variance. Any variance granted shall expire one year after it has been granted unless: a) the project for which the variance was granted is completed within the one year period; or b) upon written request of the person or corporation holding the variance, the Council extends the expiration date for an additional period. Subd. 13. Term of variance. If the project is completed as approved, the variance shall run with the land and remain in effect for so long as the conditions regulating it are observed. is Subd. 14. Assumed risk. Any applicant who obtains a building permit, starts construction and/or begins a use prior to the expiration of the appeal period, assumes the risk that the decision may be reversed upon appeal. When an appeal is received by the City, the applicant will be notified of the appeal and informed as to the date of the Board meeting where it will be heard. Subd. 15. Specific project. A variance shall be valid only for the project for which it was granted. Construction of any project shall be in substantial compliance with the building plans and specifications reviewed and approved by the Hearing Examiner or Board. Subd. 16. Violations. Any person who violates, fails to comply with, assists, directs, or permits a violation of the conditions of a variance shall be subject to the provisions outlined in Sections 115 and 320 of the City Code. Such violation may render the variance null and void. Subd. 17. Fee. The fee for a variance is set by Appendix D of the City Code. Subd. 18. ' Annual Report. The committee of Hearing Examiners shall annually prepare a report for the Council and Planning Commission outlining the activities of the Hearing Examiners and making recommendations as to possible amendments to this code to expedite the processing of variances to the literal provisions of this code. • p. 545-9 ui2AFT Richfield City Code (Zoning) Official Map - 77th Street • SECTION 550 - ZONING: OFFICIAL MAP - 77TH STREET Section 550 entitled "Zoning: official map - 77th Street- is repealed. • • p. 550-1 SECTION 555 - ZONING: ADULT ESTABLISHMENTS • 555.01. Definitions. 555.03. Permitted uses. 555.05. Location. • 9 DRAFT RICHFIELD CITY CODE APPENDIX D, SECTION 4. ZONING, LAND USE AND RELATED CHARGES Effective for 1995 Only Type of Permit Section or License Requiring Fee (1) Planned Unit 530 (a) $400 + $5/$1,000 of project value to a maximum fee of $3,000 Development (b) PUD Amendment fee $500 (2) C-3 Zoning 520 (a) $300 + $51$1,000 of project value to a maximum fee of $3,000 District Site Plan (b) Plan Amendment fee $500 Review Transitional 520 $300 + $51$1,000 of project value to a maximum fee of $3,000 Activity Permit (3) Variance 545 Residential $200 Non Residential $400 (4) Conditional 545 $400 + $51$1,000 of project value to a maximum fee of $3,000 Use Permit (5) Zoning District 545 $450 Change (6) Subdivision Approval 500 $500 Subdivision Waiver 500 $450 (7) Off-Street 545 (a) As part of conditional use permit process No fee Parking Permit 800 (b) In conjunction with permitted use $200 (8) Street Vacation 820 $350 (9) Forestry Permit , 810 $10 (10) Conditional 515 $250 Activity Permit (11) Nonconforming 515 $300 Use Permit 9 DRAFT Richfield City Code (Zoning) C-1 District 520.15. Additional requirements for accessory buildings and uses. Subdivision 1. The requirements set out in this subsection apply to accessory buildings and uses in the C-1 District. Subd..2. No accessory building on any lot, except through lots, shall be situated forward of the front building line of the principal building. In the case of a through lot, no accessory building shall be located within 30 feet of the lot lines abutting either street. Subd. 3. In the case of a corner lot, no accessory building shall be located in the yard area between the principal building and either street. Subd.. 4. The required setback between an accessory building and any other building on the lot shall be determined by Section 400 of the City Code. Subd. 5. No accessory building shall be located on any lot prior to the time of construction of the principal building on the lot, unless specifically approved by the City Council. Subd. 6. The architectural design and building materials of an accessory building shall be similar to the principal building. Subd. 7. No accessory building shall be greater in lot coverage than the principal • building, or greater in height than the principal building. 520.17. Conduct of business operations. Subdivision 1. The following restrictions shall apply in the C-1 District. Subd. 2. Except for antique and clothing stores exempt from licensing under Section 1186 of the City Code, goods offered for sale shall consist primarily of new merchandise. Subd. 3. Goods or services which are objectionable by reason of odor, dust, fumes, noise, vibration, refuse matter, or waterbome waste shall not be stored, processed, or sold in the C-1 District. 520.19. Additional regulations and requirements. Subdivision 1. The regulations and requirements set out in this subsection apply to buildings and uses in the C-1 District. Subd. 2. Developments shall be constructed and maintained in accordance with the applicable performance standards set out in Section 540 of this code. Subd. 3. Signs within the C-1 District shall be regulated by Section 416 of the City Code. C7 p. 520-7 1 0 r? U Richfield City Code (Zoning) G 1 District DRAFT Subd. 4. Where no alley is pr`eseht, a rear yard area which abuts any residential parcel shall not be used for parking, loading, or storage within eight feet from the rear lot line. Subd.. 5. All property located within a design district or corridor overlay district shall be subject to such district's additional requirements and/or modifications. p. 520-8 DRAFT Richfield City Code (Zoning) C-2 District 520.21. General Commercial District (C-2). Subdivision 1. Subsections 520.21 to 520.37 apply to the C-2 District. Subd. 2. Purposes. The purposes of the C-2 District are to: a) provide appropriate areas for general commercial uses; b) provide opportunities for general commercial uses to concentrate for the convenience of the public and in mutually beneficial relationship to each other; c) permit the development of general commercial uses in those areas designated for such use in the Comprehensive Plan, according to standards that minimize adverse impacts on adjacent uses; d) provide areas for community facilities and institutions which are appropriately located in the general commercial district; e) provide adequate space to meet the needs of modem commercial development, including off-street parking areas, loading areas, and landscaping; f) permit and reserve areas for employment activity and service to the public; and s g) minimize traffic congestion and avoid the overloading of utilities by preventing the construction of buildings of excessive size in relation to the surrounding land, buildings, and infrastructure; and h) protect commercial properties from noise, odor, dust, dirt, smoke, vibration, heat, glare, traffic, fire, explosion, noxious fumes, and other objectionable or hazardous influences. 520.23. Permitted uses. Subdivision 1. The uses listed in this subsection are permitted uses in the C-2 District. Subd. 2. Shopping centers or similar multi-tenant developments with 100,000 square feet or less of gross floor area. Subd. 3. Retail, service, and office uses with 50,000 square feet or less of gross floor area (excluding those uses listed in Section 520.27 of this code). Permitted uses may exceed the 50,000 square foot size limitation if located within a shopping center or other multi-tenant building. Such permitted retail, service, and office uses include, but are not limited to, the following: • a) antique stores or secondhand goods stores that do not require a license under Section 1186 of the City Code; b) bowling alleys, pool halls, or arcades; p. 520-9 Richfield City Code (Zoning) C-2 District DRAFT i c) carpet, decorating, or paint stores; d) Class N (take out only) restaurants which do not provide drive-up window service; e) clothing or shoe stores; f) * computer, duplicating, or office products stores; g) craft stores; h) dry cleaning service or self-service laundries; i) fabric, sewing, or tailoring. stores; j) : financial institutions without drive-up window service, including currency exchanges licensed by the State; k) furniture or appliance sales stores; 1) general merchandise or drug stores; m) gift or bookstores; n) hardware stores; o) municipal liquor stores; P) music stores; q) nursing or rest homes; r) offices, business or professional; s) photography studios or film development; t) printing establishments or book binding shops; U) stereo installation services within an enclosed building; v) taxi or limousine services; w) tire or auto/motorcycle parts stores; x) tree trimming services with no outdoor storage of trimmings or materials; Y) veterinarian clinics; z) other retail, service, and office establishments of the same general character as those enumerated above, as determined by the City pursuant to Section 508.05 of this code. Subd. 4. Governmental buildings and public libraries, including their appurtenances. Subd. 5. Public or private elementary and high schools,. and other similar learing institutions. Subd. 6. Religious institutions and related convents or parsonages. Subd. 7. Adult business establishments regulated under, and operating pursuant to, Section 119.6 of the City Code. Subd. 8. Minor public utilities. p. 520-10 L-A DRAFT 520.25. Accessory uses. Subdivision accessory uses in the C-2 District. Richfield City Code (Zoning) C-2 District The uses listed in this subsection are allowable Subd. 2. Parking, as authorized by a Council approved off-street parking permit. Subd. I. Assembly,. light manufacturing, or warehouse operations incidental to a permitted or conditional use, provided 'such use occupies not more than 50 percent of the gross floor area of the principal building or not more than 2,000 square feet, whichever is greater. Subd. 4. Apartments within commercial buildings, provided such use occupies not more than 50 percent of the gross floor area of the principal building unless provided for under Section 520.27, Subd. 24. Subd. 5. Satellite dish antennas and other antennas and towers that are incidental to the principal use on the lot, provided that they conform to Section 425 of the City Code and meet the following additional requirements: a) if more than one such structure is proposed, they shall be clustered in a single grouped location where possible; 0 b) no advertising message shall be on the antenna structure; c) such structures shall be screened to the greatest extent practicable to minimize visual impacts on surrounding properties. Screening shall include landscape materials for ground mounted antenna structures, and materials compatible with those utilized on the exterior of the building for roof mounted antenna structures. Screening plans shall be approved by the Director; and d) such roof-mounted structures shall not extend higher than ten feet above the highest point of the roof, except as provided for in Section 520.27, Subd. 26 of this code. Subd. 6. Antennas and related features that are owned and operated by a telecommunications company, the use of which is not incidental to the principal use; provided that they conform to Section 425 of the City Code, are located on the rooftop or near the roof-line, screened from public view to the extent possible, do not carry advertising messages, and do not extent higher than ten feet above the highest point of the roof except as provided for in Section 520.27, Subd. 26 of this code. Subd. 7. Fences, walls, and hedges as permitted in Section 508.23 of this code. E Subd. 8. Other uses customarily associated with, but incidental to the principal use, as determined by the City pursuant to Section 508.05 of this code. p. 520-11 Richfield City Code (Zoning) C-2 District DRAFT 520.27. Conditional uses. Subdivision I. The uses listed in this subsection are conditional uses in the C-2 District, and are subject to the conditional use permit provisions outlined in Section 545.05 of this code. Subd. •2. Shopping centers or similar multi-tenant developments with over 100,000 square feet of gross floor area. Subd.' 3. Retail, service, and office uses with over 50,000 square feet of gross floor area, unless located within a shopping center or other multi-tenant development. Subd. 4. Funeral homes, provided the lot abuts an arterial or collector street. Subd. 5. Theaters, provided the following conditions are met: a) for theaters located within shopping centers or otherwise utilizing a shared parking arrangement, the applicant shall submit an analysis of parking demand versus availability for review and approval by staff (additional parking may be required based on this review); and b) free standing theaters shall only be permitted when it can be demonstrated that vehicular ingress and egress may be accomplished without creating undue traffic congestion on area roadways. • Subd. 6. Uses which provide drive-up window or teller service, (excluding Class III restaurants) provided the following conditions are met: a) a buffer yard of not less than 20 feet in width shall be provided to separate drive-up facilities and related queuing areas from any lot line - if the drive- up facility or queuing area abuts a commercial use or public right-of-way, the Council may reduce the buffer yard to not less than 10 feet; b) queuing space for at least four cars (70 feet) shall be provided per drive-up -service lane; as measured from'but not including the first drive-up service window or teller station - such queuing space shall not interfere with parking spaces or traffic circulation; c) alcoholic beverages shall not be served; and d) exterior speakers shall comply with the noise control limits set by Section 930 of the City Code. Subd. 7. Class I (full service) restaurants and Class II (traditional/cafeteria) restaurants, provided the following conditions are met: 40 p. 520-12 DRAFT Richfield City Code .(Zoning) C-2 District a) a buffer yard of not less than 25 feet in width shall be provided to separate all aspects of such use from abutting residential parcels - the Council may reduce this requirement to not less than 15 feet if significant additional landscaping and berming are provided to screen the restaurant use; and b) alcoholic beverages shall not be served unless the lot abuts an arterial or collector street. Subd. 8. Class III (fast food/convenience/drive-in) restaurants, provided the following conditions are met: a) a buffer yard of not less than 30 feet in width shall be provided to separate all aspects of such use from abutting residential parcels - the Council may reduce this requirement to not less than 20 feet if significant additional landscaping and berming are provided to screen the restaurant use; b) queuing space for at least four cars (70 feet) shall be provided, as measured from but not including the order station - such queuing space shall not interfere with parking spaces or traffic circulation; c) any drive-up service window, exterior order station, or exterior loudspeaker shall be located at least 150 feet from any residential parcel; d) exterior speakers shall comply with the noise control limits set by Section 930 of the City Code; ' e) the applicant shall demonstrate that such use will not significantly lower the existing level of service on streets and intersections; and f) alcoholic beverages shall not be served. Subd. 9. Hotels/motels, provided the following conditions are met: a) a buffer yard of not less than 35 feet in width shall be provided to separate all aspects of such use from abutting residential parcels - the Council may reduce this requirement to not less than 25 feet if significant additional landscaping and berming are provided to screen the hotel/motel use; and b) ;access to the site shall be only from arterial or collector streets. Subd. 10. Hospitals and medical clinics, provided the following conditions are met: a) the use site shall abut an arterial or collector street; and b) a buffer yard of not less than 25 feet in width shall be provided to separate all aspects of such use from any abutting parcel. p. 520-13 Richfield City Code (Zoning) C-2 District DRAFT Subd. 11. Auto or boat sales/lease lots, provided the following conditions are met: a) the business shall be licensed under Section 1155 of the City Code; b) the use site shall not abut a lot which is in the R or R-1 District - for the purpose of this subdivision, a lot which merely adjoins the use site at one corner shall not be deemed to abut the use site; c) a buffer yard of 'not less than 15 feet in width shall be provided to separate all aspects of such use from abutting parcels; d) landscaping for the site, including display areas, shall meet the City of Richfield Landscape Requirements, on file with the Office of Community Development; e) inoperable vehicles shall not be stored on the premises,. except in appropriately designed and screened areas as approved by the City; f) parking of vehicles on public right-of-way shall be prohibited; g) all repair, assembly, disassembly, maintenance, and detailing of vehicles shall occur within an enclosed building, except minor maintenance such as tire inflation or adding windshield wiper fluid; and h) any exterior speaker shall comply with the noise control limits set by Section 930 of the City Code. Subd. 12. Service stations, service station/convenience stores, and conversion of a service station to a service station/convenience store, provided the following conditions are met: a) the business shall be subject to the provisions of Section 1150 of the City Code; ' b) the use site shall not abut a lot which is in the R or R-1 District -- for the purpose of this subdivision, a lot which merely adjoins the use site at one corner shall not be deemed to abut the use site; c) the use site shall not be located within 300 feet of the grounds of a school, church, or hospital; d) a buffer yard of not less than ten feet in width shall be provided to separate all aspects of such use from abutting parcels; e) vehicles which are waiting for repair shall be stored in appropriately designed and screened areas as approved by the City; p. 520-14 DR AFT Richfield City Code (Zoning) C-2 District 0 fl parking of vehicles on public right=of--way shall be prohibited; g) any repair, assembly, disassembly, or maintenance of vehicles shall occur within an enclosed building, except minor maintenance such as tire inflation, adding oil, or adding windshield wiper fluid; h) the minimum frontage on any street shall be 120 feet and the minimum area of the site shall be 12,000 square feet; i). any exterior speaker shall comply with the noise control limits set by Section 930 of the City Code; j) queuing space of at least 20 feet shall be provided in front of the pump island in each direction in which access canbe gained to the pump - this required space shall not interfere with internal circulation patterns or with designated parking areas, and shall not be permitted in any public right-of- way, private easement, or within the required parking lot setback; k) pump islands shall be located not less than 20 feet from any property line; 1) if the use is not located on a county road or state highway, it shall not be operated between the hours of 11:00 p.m. and 6:00 a.m. of the following day; and m) canopies shall comply with the following regulations: (i) the canopy may extend up to twelve feet beyond the center line of the pump island toward the street, but in no instance shall a canopy be located closer than six feet from any lot line; (ii) only one canopy shall be permitted per station, unless the station is located on a corner lot, in which case two canopies may be permitted; (iii) the canopy shall be at least 14 feet in height, but not greater than 16 feet in height; (iv) no signage of a permanent or temporary nature may be placed on a canopy; and (v) all canopy lighting shall be recessed into the canopy ceiling. Subd. 13. Automobile detailing establishments licensed under Section 1195. of the City Code. Subd. 14. Car washes licensed under Section 1125 of the City Code. p. 520-15 Richfield City Code (Zoning) C-2 District DRAFT Subd. 15. Accessory car washes, provided the following conditions are met: a) a buffer yard of at least 15 feet in width shall be provided to separate such car wash facilities and related queuing areas from any abutting residential parcel or street right-of-way; b) queuing space for at least six cars (105 feet) shall be provided, as measured from but not including the wash station - such queuing space shall not interfere with parking spaces or traffic circulation; c) the car wash and site shall be designed to prevent icing and muddying of public streets; d) the driveway between the exit door of the car wash and the street right-of- way shall be at least 40 feet in length; and e) the car wash shall comply with the noise control limits set by Section 930 of the City Code. Subd. 16. Public-mechanical garages, provided the following conditions are met: a) the use site shall not abut a lot which is in the R or R-1 District - for the purpose of this subdivision, a lot which merely adjoins the use site at one • comer shall not be deemed to abut the use site; b) the use site shall not be located within 300 feet of the grounds of a school, church, or hospital; c) a buffer yard of not less than ten feet in width shall be provided to separate all aspects of such use from any abutting parcel; d) vehicles which are inoperable shall not be stored on the premises, except in appropriately designed and screened areas as approved by the City; e) parking of vehicles on public right-of-way shall be prohibited; f) if the use is not located on a county road or state highway, it shall not be operated between the hours of 11:00 p.m. and 6:00 a.m. of the following day; and g) all repair, assembly, disassembly, and maintenance of vehicles shall occur within an enclosed building, except minor maintenance such as tire inflation or adding windshield wiper fluid. 0 p. 520-16 DRAFT Richfield City Code (Zoning) C-2 District Subd. 17. Public-auto body garages, provided the following conditions are met: a) the use site shall not abut a lot which is in the R, R-1, or MR-1 District - for the purpose of this subdivision, a lot which merely adjoins the use site at one corner shall not be deemed to abut the use site; b) the use site shall not be located within 300 feet of the grounds of a school, church, or hospital; C) a buffer yard of not less than 15 feet in width shall be provided to separate all aspects of such use from any abutting parcel; d) vehicles which are inoperable shall not be stored on the premises, except in appropriately designed and screened areas as approved by the City; e) parking of vehicles on public right-of-way shall be prohibited; f) if the use is not located on a county road or state highway, it shall not be operated between the hours of 11:00 p.m. and 6:00 a.m. of the following day; and g) all repair, assembly, disassembly, and maintenance of vehicles shall occur within an enclosed building except minor maintenance such as tire inflation, and adding oil or wiper replacement. Subd. 18. Pawn operations, secondhand goods operations which require a license under Section 1186 of the City Code, auction houses, and consignment auction houses, provided the following conditions are met: a) such uses shall be located not less than 1,000 feet from any school, church, daycare center, public library, or governmental building; b) such uses shall be located not less than 1,000 feet from any existing pawn operation, secondhand goods operation which requires a license under Section 1186 of the City Code, auction house, or consignment auction house; c) such uses shall be located not less than 250 feet from residentially zoned property; d) such uses shall be screened, as approved by the City; e) the business operator shall secure all applicable licenses and approvals from the city, county, state, or other applicable jurisdictions before the conditional use permit shall become effective; • p. 520-17 Richfield City Code (Zoning) C-2 District f) off-street parking requirement: DRAFT (i) pawn operations and secondhand goods operations which require a license under Section 1186 of the City Code shall provide at least five parking spaces per 1,000 square feet of gross floor area or ten parking spaces, whichever is greater; and (ii) auction houses and consignment auction houses shall provide at least 35 parking spaces per 1,000 square feet of gross floor area or 70 parking spaces, whichever is greater. g) such uses shall be contained within a completely enclosed building, and no outside storage, display, or sale of merchandise shall be permitted; h) exterior loudspeakers or public address systems shall not be audible from any residential parcel; i) auction houses and consignment auction houses shall have designated on-site loading and drop-off areas which are designed to avoid interfering with traffic and pedestrian movements; j) such uses shall not be operated between the hours of 10:00 p.m. and 7:00 a.m. the following day; and k) such uses which were legally established on or before November 22, 1993 shall be classified as legal nonconforming uses, and subject to the provisions of Section 508.13 of this code. Subd. 19. Gun or ammunition sales/repair, provided the following conditions are met: a) such uses shall be licensed under Section 920 of the City Code; b) such uses shall.be located not less than 300 feet from any school, church, daycare center, public library, or governmental building; c) such uses shall be located not less than 1,000 feet from other gun or ammunition sales/repair businesses; and d) such uses shall be located not less than 100 feet from residentially zoned property- Subd. 20. Single family dwellings that comply with the R-1 District provisions and requirements, as set out in Section 515.17 of this code. ' Subd. 21. Two-family dwellings that comply with the MR-1 provisions and requirements, as set out in Section 515.37 of this code; and p. 520-18 • DRAFT Richfield City Code (Zoning) C-2 District Subd. 22. Multi-family dwellings that comply with the MR-2 District provisions and requirements, as set out in Section 515.59 of this code. Subd. 23. Cemeteries (may include mausoleums and crematories) that comply with the R District provisions and requirements, as set out in Section 515.07, Subd. 10 of this code. Subd. 24. Apartments within commercial buildings which exceed 50 percent of the gross floor area. Subd. 25. Licensed day care facilities, provided the following conditions are met: a) pick-up and drop-off areas shall be located on the site, and shall be designed to avoid interfering with traffic and pedestrian. movements; b) outdoor recreational areas shall be located and designed in a manner which mitigates visual and noise impacts on adjoining residential property; and c) such facilities shall obtain all applicable state, county, and city licenses. Subd. 26. Roof-mounted antennas which extend higher than ten feet above the highest point of the roof. • Subd. 27. Major public utilities. Subd. 28. Other uses similar to those conditionally permitted by this section, as determined by the City pursuant to Section 508.05 of this code. 520.29. Lot area, width, depth, and coverage. Subdivision 1. Standards. The standards set out in this section apply in the C-2 District. Subd. 2. Minimum lot area: 9,000 square feet. Subd. 3. Minimum lot width: a) Interior lot: 75 feet. b) Comer lot: 90 feet. Subd. 4. Minimum lot depth: 100 feet. Subd. 5. Maximum impervious surface coverage: 85 percent. r? LJ p. 520-19 Richfield City Code (Zoning) C-2 District DRAFT . 520.31. Required building, setback and maximum height. Subdivision 1. Standards. The standards set out in this section apply in the C-2 District. Subd. 2. Required setback and maximum height: <<T 35 Ft. 20 Ft. 20 Ft. 25 Ft. 40 Ft. rfli3< 35 Ft. 8 Ft. 20 Ft. 25 Ft. 15 Ft. Subd. 3. Additional setback requirement: vehicle access door facing. a side or rear lot line. Whenever any building (principal or accessory) is located in such a manner that a vehicle access door faces a side or rear lot line, such side or rear setback requirement shall be not less than 20 feet. Subd. 4. Additional setback reauirement: all structures located on a corner lot which abuts a key lot. On a corner lot which abuts a key lot, the streetside side setback requirement of such corner lot shall be not less than 30 feet. (Figure 13) Subd. 5. Front setback reduction: vrincinal • buildings. The front setback requirement for a principal building on a lot may be reduced to no less than the average existing front setback of the existing principal building(s) abutting such lot, to a minimum of 30 feet, except that this provision shall not apply if any single family lot faces the same street and lies between the same two cross- streets. Subd. 6. Interior side setback reduction: principal and accessory buildings. Whenever an interior side lot line abuts a non-residentially zoned or used parcel, such interior side setback requirement may be reduced to three feet for principal and accessory buildings. Subd. 7. Story limitations. Principal buildings shall not exceed three stories in height, and ,accessory buildings shall not exceed one story in height. • p. 520-20 Figure 13 DRAFT Richfield City Code (Zoning) C-2 District • 520.33. Additional requirements for accessory buildings and uses. Subdivision 1. The requirements set out in this subsection apply to accessory buildings and uses in the C-2 District. Subd., 2. No accessory building on any lot, except through lots, shall be situated forward of the front building line of the principal building. In the case of a through lot, no accessory building shall be located within 35 feet of the lot lines abutting either street. Subd. 3. In the case of a corner lot, no accessory building shall be located in the yard, area between the principal building and either street. Subd. 4. The required setback between an accessory building and any other building on the lot shall be determined by Section 400 of the City Code. Subd. 5. No accessory building shall be located on any lot prior to the time of construction of the principal building on the lot, unless specifically approved by the City Council. Subd. 6. The architectural design and building materials of an accessory building shall be similar to the principal building. Subd. 7. No accessory building shall be greater in lot coverage than the principal • building, or greater in height than the principal building. 520.35. Conduct of business operations. Subdivision 1. The following restrictions shall apply in the C-2 District. Subd. 2. All uses and operations related to any business shall be conducted wholly within a completely enclosed building, except as expressly allowed in this section and Section 1135 of the City Code. Subd. 3. Goods or services which are objectionable by reasons A odor, dust, fumes, noise, vibration, refuse matter, or waterborne waste shall not be stored, processed, or sold in the C-2 District. 520.37. Additional regulations and requirements. Subdivision 1. The regulations and requirements set out in this subsection apply to buildings and uses in the C-2 District. Subd. 2. All developments shall be constructed and maintained in accordance with the applicable performance standards set out in Section 540 of this code. Subd. 3. Signs within the C-2 District shall be regulated by Section 416 of the City Code. p. 520-21 Richfield City Code (Zoning) DRAFT C-2 District Subd. 4. Where no alley is present, a rear yard area which abuts any residential parcel shall not be used for parking, loading, or storage within eight feet from the rear lot line. Subd. 5. All property located within a design district or corridor overlay district shall be subject to such district's additional requirements and/or modifications. • p. 520-22 DRAFT _ Richfield City Code (Zoning) C-3 District 52039. High Density Commercial District (C-3). Subdivision 1. Subsections 520.39 through 520.63 apply to the C-3 District. Subd. 2. Pu ose. The City Council recognizes that the City lacks a substantial non- residential tax base and, as a largely developed community, has little land available for new.commercial development. However, there.exists areas of the City which have high visibility and accessibility due to their proximity to major arterials but where previous development patterns have. precluded realization of full development potential. It is. the intent of the City in establishing this district to: (i) encourage redevelopment of such areas in a manner which is consistent with the Comprehensive Plan and any redevelopment plan(s); (ii) to increase employment opportunities; (iii) to provide a wider range of goods and services to residents of the City; and (iv) to promote development of a scale and intensity sufficient to maximize the potential of the area. Subd. 3. Permitted uses. In the C-3 District, unless otherwise provided in this section, the following uses are permitted: a) retail or service businesses, but not including businesses which involve outdoor storage or sale of goods or materials unless the goods or materials are stored in an area which is covered by a building or a parking structure; b) office buildings; c) hotels/motels; d) residential buildings; e) parking structures; f) other businesses which are determined by the Council to be of the general character as the uses listed in this section and which would not be obnoxious or detrimental to the area in which they would be located; and g) uses permitted . in accordance with the terms of a current and valid transitional activity permit, issued pursuant to Subsection 520.63. h) Adult establishments as defined and regulated in Section 1196 of the City Code. 520.41. Nonconforming uses and structures. All Provisions of Section 508.13 shall apply to this district except that a nonconforming structure located on a single lot or contiguous lots under a single ownership may be expanded within any consecutive two calendar-year period by no more than 10 percent of its gross floor area, provided the expansion meets all other applicable City requirements. The expansion of a nonconforming structure permitted in this subsection shall not require the issuance of a transitional activity permit under Subsection 520.63. 520.43. Site plan approval. Subdivision 1. Procedures. All proposals shall be reviewed under the site plan approval process as set forth in this subsection. p.-520-23 Richfield City Code (Zoning) C-3 District L)ItAF7 . Subd. 2. Approval required. It shall be unlawful to do any of the following within the C-3 District without first obtaining site plan approval: a) construct a building; b) move a building to any lot; c) expand or change the use of a building or lot or modify a building, accessory structure, or site or land. feature in any manner which results in a different intensity of use, including the requirement for additional parking; d) grade or take other actions to prepare a lot for development, except in conformance with a permit or an approved plan; or e) remove earth, soils, gravel, or other natural material from or place the same on a lot, except in conformance with a permit or an approved plan. Subd. 3. Excotion. Notwithstanding the above, site plan approval shall not be required for enlargement of a building by 10 percent or less of its gross floor area or changes in the leasable space of a multi-tenant building, provided no variances are required and the modifications do not significantly intensify use of the site. Subd. 4. Application. Application for a site plan review shall be made to the Director • on forms provided by the City and shall be accompanied by the following: a) a plat or map of the property; b) evidence of ownership or an interest in the property; c) the fee specified in Appendix D of the City Code; d) information regarding project phasing and timing; e) - complete development plans as specified under Subsection 520.45, signed by a registered architect, civil engineer, landscape architect or other appropriate design professional; f) proof of compliance with the solar access requirements as specified under Subsection 520.51. g) conveyance of a temporary easement to the City to permit completion of screening, landscaping or other improvements required by the City as a condition of site plan approval; and h) such other information as may be required by the City. • p. 520-24 DRAFT Richfield City Code (Zoning) C-3 District Subd. 5. Public hearing. Upon receipt of a completed application, a date shall be set for a public hearing before the Planning Commission. The hearing will be held no less than 10 days after mailed notice is sent to the owners of properties located wholly or partially within 350 feet of the site. Within 45 days after the close of the public hearing, the Planning Commission shall submit its recommendations to the Council. Following appropriate review, the Council shall make a decision regarding the application. 520.45. ' General criteria and standards for site . plan review. Subdivision 1. General standards. In evaluating a site plan, the Planning Commission and Council shall consider its compliance with the following: a) consistency with the elements and objectives of the City's development guides, including the Comprehensive Plan and any redevelopment plans established for the area; b) consistency with this section; c) preservation of the property in its natural state to the extent practicable by minimizing tree and soil removal; d) creation of a design for structures and site features which promotes the following: ® (i) an internal sense of order among the buildings and uses; (ii) the adequacy of vehicular and pedestrian circulation, including walkways, interior drives and parking in terms of location and number of access points to the public streets, width of interior drives and access points, general interior circulation, separation of pedestrian and vehicular traffic and arrangement and amount of parking; (iii) energy conservation through the design of structures and the use of landscape materials and site grading; and (iv) the minimization of adverse environmental effects on persons using the development and adjacent properties. Subd. 2. Architectural standards. a) Architectural plans shall be prepared by an architect or other qualified person and shall show the following: (i) elevations of all sides of the building; (ii) type and color of exterior building materials; 9 (iii) typical floor plans; p. 520-25 Richfield City Code (Zoning) DRAFT C-3 District (iv) dimensions of all structures; (v) the location of trash containers and of exterior electrical, heating, ventilation, and air conditioning equipment; and (vi) utility plans including water, sanitary sewer, and storm sewer. b) Unadorned pre-stressed concrete panels, concrete block and unfinished metal, except naturally weathering metals such as copper, shall not be permitted as exterior materials for buildings. This restriction shall apply to all principal structures and to all accessory buildings except those accessory buildings not visible from any exterior lot line. c) Underground utilities shall be provided for all new structures and those which are renovated if renovation costs exceed 50 percent of the value of the structure. Subd. 3. Landscape plan requirements. Landscape plans shall be prepared by a landscape architect or other qualified person drawn to a scale of not less than one inch equaling 50 feet and must show the following: a) boundary lines of the property with accurate dimensions; b) locations of existing and proposed buildings, parking lots, roads, and other improvements; c) proposed grading and drainage plan with no greater than two-foot contour intervals; d) location, approximate size, and common name of existing trees and shrubs; e) a planting schedule containing symbols, quantities, common and botanical names, size of plant materials, root condition and special planting instructions; f) planting details illustrating proposed locations of all new plant material; g) locations and details of other landscape features, including berms, fences, and planter boxes; h) details of restoration of disturbed areas, including areas to be sodded or seeded; i) location and details of irrigation systems; and j) details and cross sections of all required screening. r p. 520-26 0 DRAFT Subd. 4. Minimum landscaping requirements. The minimum landscaping requirements will be as follows: a) All open areas of a lot which are not used or improved for required parking areas, drives or storage shall be landscaped with a combination of overstory trees, understory trees, shrubs, flowers and ground cover materials. All landscaped areas shall be irrigated by an underground mechanical irrigation system. The plan for landscaping shall include ground cover, bushes, shrubbery, trees, sculpture, foundations, decorative walks, or other similar site design features or materials in a quantity having a minimum value in conformance with the following table: Richfield City Code (Zoning) C-3 District MINIMUM LANDSCAPING VALUES Minimum Landscape Value (all Project Value construction costs including (including building construction, plant material and installation site preparation, and site except design fees and other improvements) administrative costs) Below $1,000,000 $1,000,000 - $2,000,000 = 2% $20,000 + I% of project value in excess of $1,000,000 $2,000,001 -$3,000,000 $3,000,001 - $4,000,000 Over $4,000,000 $30,000 + 0.75% of project value in excess of $2,000,000 $37,500 + 0.25% of project value in excess of $3,000,000 = 1% In instances where healthy plant materials of acceptable species exist on a lot prior to its development, the application of the standards in this subdivision may be adjusted by the City to allow credit for such material, provided that such adjustment is consistent with the intent of this code. b) A reasonable attempt shall be made to preserve as many existing trees as is ptacticable and to incorporate them into the site plan; c) All new overstory trees shall be balled and burlapped or moved from the growing site by tree spade. Deciduous trees shall have a minimum caliper of 2-1/2 inches. Coniferous trees shall be a minimum of six feet in height. Ornamental trees shall have a minimum caliper of 1-1/2 inches; • p. 520-27 Richfield City Code (Zoning) C-3 District DRAFT d) All lot areas not covered by buildings, sidewalks, parking lots, driveways, patios, or similar hard-surface materials shall be covered with sod or an equivalent ground cover approved by the City; and e) Not more than 50 percent of the required number of trees shall be composed of one species. No required tree shall be any of the following: (i) a species of the genus Ulmus (elm), except those elms bred to be immune to Dutch elm disease; (ii) box elder; (iii) female ginkgo; or (iv) a species of the genus Populus. Subd. 5. Screening. The following shall be screened in accordance, with the requirements of this section: a) off-street parking facilities containing six or more spaces shall be screened from public right-of--ways adjoining the property; b) loading docks shall be screened from all lot lines and public right- of-ways; c) trash storage facilities shall be screened from all lot lines and public right- of-ways; d) goods or materials stored in an area which is covered by a building or parking structure shall be screened from all public rights-of-way; and e) all rooftop or ground-mounted mechanical equipment and exterior trash storage areas shall be enclosed with materials compatible with the principal structure. Subd. 6. Screening materials. Required screening may be achieved with fences, walls, earth berms, hedges, or other landscape materials. All walls and fences shall be architecturally harmonious with the principal building. Earth berms shall not exceed a slope of 3:1. The screen shall be designed to employ materials which provide an effective visual barrier during all seasons. Subd. 7. Screening locations. All required screening or buffering shall be located on the lot occupied by the use, building; facility, or structure to be screened. No screening shall be located on any public right-of-way or within eight feet of the traveled portion of any street or highway. Subd. 8. Screening height. Notwithstanding any other provisions in this ordinance to the contrary, screening required by this section shall be of a height needed to accomplish the goals of this section. p. 520-28 DRAFT Richfield City Code (Zoning) C-3 District 520.47. Minimum floor-area ratio. The minimum floor-area ratio (FAR) for any lot shall be 0.75. 520.49. Minimum lot width and area. Subdivision 1. Width. The minimum lot width shall be 150 feet. Subd. 2. Area. The minimum lot area shall be 1.5 acres. 520.51. Solar access requirement. No building in a C-3 District shall be so tall that its shadow iscast onto a single-family or two-family lot between the hours of 9:00 a.m. and 3:00 p.m. on any day of the year. The Council may make exceptions to this requirement if the applicant can prove to the Council's satisfaction that measures have been taken to mitigate this solar access requirement, which measures may include but are not limited to obtaining the consent of the affected property owner(s). 520.53. Setback requirements. Subdivision 1. The requirements set out in this subsection shall be the minimum setback requirements for all improvements in the C-3 District, including new construction or structural alteration. Subd. 2. Buildings and parking structures. Building and parking structure setbacks along public streets shall be at least 40 feet. A building or parking structure may extend to an interior lot line if that structure and the adjacent structure are designed with such placement in mind and a compatible relationship of uses, results including circulation drives, open space, parking areas, and glazed facades. Otherwise, the setback from the interior lot line must be at least ten feet or equal to at least one- quarter the height of the building, up to a maximum of 20 feet of setback. Subd. 3. Surface narking areas. Surface parking areas shall be set back from any public street right-of-way at least ten feet, or a distance sufficient to allow the placement of a landscaped screen or berm with an average height of three feet between. the street right-of-way and the edge of the parking area. Surface parking areas shall be set back from any building at least ten feet, or a distance sufficient to allow the placement of landscaping designed to soften the appearance of the building if such building is visible from any public right-of- way. Subd. 4. Vehicular circulation aisles. Internal driveways shall be set back from interior lot lines or structures at least ten feet or a distance sufficient to allow the placement of landscaping intended to soften the appearance of the driveway from a public right-of-way or an adjacent building or parking ramp. 520.55. Parking requirements. Subdivision 1. General. The following minimum off-street parking requirements shall be observed. Subd. 2. Retail businesses. One space for every 200 square feet of gross floor area. • p. 520-29 Richfield City Code (Zoning) C-3 District DRAFT Subd. 3. Restaurants and taverns. Without a liquor or wine license, one space for every three seats plus one for every employee on the maximum shift; with a liquor or wine license, one space for every two-and-one-half seats plus one for every employee on the maximum shift. Subd. 4. Office buildings: Gross Leasable Square Feet Required Number of Spaces per 1,000 of Floor Area Square Feet of Floor Area 50,000 or less: 5.011,000 S.F. 50,001 to 100,000: 250 spaces + 4.5 spaces/1,000 S.F. over 50,000 S.F. 100,001 to 150,000: 475 spaces + 4.0 spaces/1,000 S.F. over 100,000 S.F. Over 150,000: 675 spaces + 3.5 spaces/1,000 S.F. over 150,000 S.F. Subd. 5. Residential buildings. One and one-half spaces per housing unit plus shared parking for visitors at the rate of one-half space per housing unit. Subd. 6. Hotels. One space per sleeping room plus one space for every employee on the maximum shift. • Subd. 7. Reduction. The Council may reduce these parking requirements if the applicant can prove to the Council's satisfaction that fewer spaces are needed by benefit of shared utilization of such parking among two or more uses or other special characteristics of the particular activity. 520.57. Maintenance of landscaping. The property owner shall be responsible for the maintenance of all landscaping in. a condition presenting a healthy, neat and orderly appearance and free from refuse and debris. All landscape material and ground cover which are required by an approved site or landscape plan and which have died shall be replaced within three months of notification by the.City. However, the time for-compliance may be extended up to nine months by the City in order to allow for seasonal or weather conditions. 520.59. Security deposit required. Subdivision 1. Deposit. When screening, landscaping or other similar improvements to property are required by this section a security deposit acceptable to the city shall be supplied by the owner in an amount equal to at least one and one-half times the value of such screening, landscaping, or other improvements. The security deposit shall be for the purpose of reimbursing the City for all expenses incurred by it in connection with making or completing such improvements. The security deposit shall be provided prior to the issuance of any building permit and shall be valid for a period of time equal to one full growing season after the date of installation of the landscaping. In the event construction of the project is not completed within the time prescribed by building permits and other approvals, the City may, at its option, complete the work required at the expense of the owner and the surety. 9 p. 520-30 DRAFT Richfield City Code (Zoning) C-3 District Subd. 2. Extensions. The City may allow an extended period of time for completion of all landscaping if the delay is due to conditions which are reasonably beyond the control of the developer. Extensions may be granted due to seasonal or weather conditions. When an extension is granted, the City shall require such additional security as it deems appropriate. Subd. 3. Release. Upon completion of the improvements and final inspection and approval by the City, the security deposit shall be released. 520.61. Terms of approval. Subdivision 1. Term and extension. A building permit shall be obtained and construction of the project shall begin no later than one year following the date on which site plan approval is granted, unless a different time period is approved by the Council in granting site plan approval or in a developer's agreement with the City. After the expiration of such period, site plan approval shall lapse unless the. Council grants an extension of time or a building permit has been issued and substantial work performed on the project. Upon request by the applicant, the Council may grant an extension of time for commencement of a project having site plan approval. Subd. 2. Conditions. The Council may impose conditions in granting approval to site plans to promote the intent of this section or to protect adjacent properties. Subd. 3. Scope of approval. Site plans shall be valid only for the project for which approval is granted. Construction of all site elements shall be in substantial compliance with the plans and specifications approved by the Council. Compliance shall not be considered substantial if there is: a) more than a ten percent change in floor area in any one structure; b) more than a ten percent change in the original approved separation of buildings; c) more than a ten percent change in the, original approved setbacks from property lines; d) more than a five percent change in the ground area covered by the building; e) any decrease in the ratio of off-street parking and loading space to gross floor area in the building; or f) any increase in the height of any structure. Subd. 4. Review. If the project is not in substantial compliance with the approved plans, the project shall be subject to review as specified in Subsection 520.43. • p. 520-31 Richfield City Code (Zoning) C-3 District DRAFT 520.63. Transitional activity permits. Subdivision 1. Purpose. The Council recognizes that the development potential within the C-3 District may require an extended period of transition to be fully realized. The Council further recognizes that it may be appropriate and desirable to permit, subject to the conditions and limitations of this subsection, the owners of lands within the C-3 District to engage in certain activities with respect to the land, the structures or the uses during the transition period which will both permit commercial enterprises within the C-3 District to remain viable but which will not have the effect of either delaying the transition or increasing the public costs connected with such transition. This subsection is intended to establish the circumstances under which certain transitional activities may take place and to set forth the regulations, limitations and conditions applicable to such activities. Subd. 2. Transitional activities. The extension or expansion of a nonconforming use or structure or the development of a nonconforming parcel shall be referred to as transitional activities. Subd. 3. Permit required. It shall be unlawful for the owner or occupier of any land within the C-3 District to engage in any transitional activity without having first obtained a permit to do so. It shall be unlawful for the owner or occupier of such land to engage in any transitional activity in contradiction to the terms and conditions of any . . issued transitional permit. Subd. 4. Application for a transitional activity permit shall be made to the Director on . forms provided by the City and shall contain or be accompanied by the following: a) a site plan drawn to scale showing the dimensions of the parcel and the dimensions and locations of all structures; b) in instances where the site is to be utilized in connection with a use or structure located on a contiguous parcel, the site plan shall contain the same detail for the contiguous parcel; c) the proposed uses; d) the proposed modifications, alterations, renovations or improvements to be made in connection with the transitional activity, and the estimated Bost of each; e) the time for completion of all modifications, alterations, renovations or improvements; f) evidence of ownership or interest in the property; g) the fee specified in Appendix D of the City Code; and h) the material they have to provide would include an estimated market value before and after, the change in taxes before and after, and change to potential cost of public development. p. 520-32 DRAFT = Richfield City Code (Zoning) C-3 District . Subd. 5. Public hearing. The provisions of subsection 520.43, Subd. 5 shall be applicable to public hearings concerning the issuance of transitional activity permits. Subd. 6. Criteria and standards. A transitional activity permit shall not be granted unless the Council makes the following findings: a) the transitional activity is in connection with an existing use or structure allowable in the district as either a permitted or nonconforming use or structure; b) the transitional activity will maintain the vitality and economic success of the applicant's business during the transition period of the C-3 District; c) the transitional activity will not have an adverse impact upon development of land within the C-3 District in the manner intended for the district under the City's land use regulations or its Comprehensive Plan; d) the transitional activity will not materially increase the potential public cost of development within the C-3 District; and e) the transitional activity will be compatible with surrounding uses, will have no adverse impact upon surrounding properties, and will be in full • compliance with all standards and requirements contained in this code applicable to uses and structures in the C-2 District. Subd. 7. Duration of permit. Any transitional activity permit granted by the Council shall state on its face the expiration date of such permit. Subd. 8. Conditions. In approving a transitional activity permit the Council may place conditions and limitation upon the permit which, in the Council's discretion will assure: a) that the transitional activity will be compatible with surrounding uses; b) that the activity is merely of a transitional nature and will not impede the orderly development of the C-3 District; and c) that the public costs occasioned by the ultimate development of the C-3 District will not be materially increased as a result of the transitional activity. Subd. 9. Revocation. The City may revoke any transitional activity permit granted under this subsection. The procedure to be followed in considering such action shall be the same as the procedure described in Subsection 545.05, Subds. 12-13 of this code. • p. 520-33 Richfield City Code (Zoning) C-3 District DRAFT Subd. 10. Permit not assignable. The right to engage in transitional activities shall be the personal right of the person(s) named on the permit. Transitional activity permits may not be transferred or assigned to another even though such other person or entity may succeed to permittee's interest in the land. The permit shall terminate upon such transfer or assignment, and permittee's successor in interest in the land shall not engage in any transitional activity until such successor has obtained a new transitional. activity permit. • • p. 520-34 DRAFT Richfield City Code (Zoning) Industrial District 0 SECTION 525 - ZONING: INDUSTRIAL DISTRICT 525.01. Industrial District (I). Subdivision 1. This Section 525 applies to the I District. Subd. 2. Purposes. The purposes of the I District are to: a) provide appropriately located areas for industrial and light manufacturing uses.; b) ' provide opportunities for industrial and light manufacturing uses to concentrate in mutually beneficial relationship to each other; c) provide adequate space to meet the needs of modern industrial development including off-street parking areas, loading areas, and landscaping; d) provide sufficient open space around industrial structures to protect them from the hazards of fire; e) minimize traffic congestion and avoid the overloading of utilities by preventing the construction of buildings of excessive size in relation to the surrounding land, buildings, and infrastructure; f) permit and reserve areas for employment activity and service to the public which do not materially detract from nearby uses; and g) protect areas appropriate for industrial uses from intrusion by inharmonious uses, and protect nearby properties from noise, odor, dust, dirt, smoke, vibration, insects, heat, cold, glare, traffic, fire, explosion, noxious fumes, and other objectionable or hazardous influences. 525.03. Permitted uses. Subdivision 1. The uses listed in this subsection are permitted uses in the I District. Subd. 2. Light manufacturing, warehouse, assembly, distribution, packaging, processing, research, repair, service, wholesale, retail, and office uses with 80,000 square feet or less of gross floor area (excluding those uses listed in Section 525.07 of this code). Such permitted uses include, but are not limited to, the following: a) cold storage or bottling operations; b) computer or electronic components assembly; c) electric appliance manufacturing; d) food products manufacturing, except for fish, meat products, sauerkraut, vinegar, yeast, and the rendering or refining of fats and oils; e) laboratories for testing or research; f) lumber or building materials sales; • p. 525-1 Richfield City Code (Zoning) URAF Industrial District g) metal products manufacturing, excluding those utilizing punch presses with .a rated capacity exceeding 20 tons; h) paper products manufacturing; i) publishing, operations; j) rubber or plastic products manufacturing; k) stone, clay, or glass products manufacturing; 1) textile products manufacturing; m) wood products .manufacturing; n) other uses of the same 'general character, as those enumerated above, as determined by the City pursuant to Section 508.05 of this code. o) Adult establishments as defined and regulated in Section 1196 of the City Code. Subd. 3. Those uses outlined in Section 520.23, Subdivisions 4 through 8 of this code. 525.05. Accessory. Subdivision 1. The uses listed in this subsection are allowable accessory uses in the I District. Subd. 2. Parking, as authorized by a Council approved off-street parking permit. Subd. 3. Living quarters for security personnel, provided they are located within the principal structure. Subd. 4. Satellite dish antennas and other antennas and towers that are incidental to the principal use on. the premises, provided that they conform to Section 425 of the City Code and meet the following additional requirements: a) if more than one such structure is proposed, they shall be clustered in a single grouped location where possible; b) no advertising message shall be on the antenna structure; C) such structures shall be screened to the greatest extent practicable to minimize visual impacts on surrounding properties. Screening shall include landscape materials for ground mounted antenna structures, and materials compatible with those utilized on the exterior of the building for roof mounted antenna structures. Screening plans shall be approved by 'the Director; and d) such roof-mounted structures shall not extend higher than ten feet above the highest point of the roof, unless authorized by a conditional use permit. Subd. 5. Antennas and related features that are owned and operated by a telecommunications company, the use of which is not incidental to the principal use; provided that they conform to Section 425 of the City Code, are located on the rooftop or near the roof-line, screened from public view to the extent possible, do not carry advertising messages, and do not extent higher than ten feet above the highest point of the roof, unless authorized by a conditional use permit. p. 525-2 • CITY OF RICHFIELD, MINNESOTA Study Session Letter No. 7 Agenda March 6, 1995 Issue Statement: Policy and strategy recommendations for airport related issues Background: Recent developments regarding airport issues include the following: • New Ford Town and Rich Acres Acquisition Phase II is still in the process of gearing up. W.D. Schock is about a month behind its work schedule, mostly due to the time it takes to put together their "comparable book" Jor property valuations. Hardship applications continue, with 22 approved in Phase II through February 16. Priority blocks 7-10 in New Ford Town will be acquired for sure this year. Block 11 is still possible if hardship applications taper. A third auction of Phase I acquisitions was scheduled for Friday, March 3. 49 homes were included in the auction. MAC and Schock will decide after this auction whether to continue offering homes for sale rather than going straight to demolition. There have been repeated problems with purchasers and home movers. One mover will have all of his permits personally reviewed by the Public Safety Director from now on following a violation of permit stipulations. • 4-22 Extension The Metropolitan Airports Commission approved the proposed extension of 4-22 as both an environmental and operational project, contingent upon the necessary environmental approvals. Federal Aviation Administration and Minnesota Department of Transportation decision documents have yet to be released, and apparently were not going to be unless MAC commissioners took this first step to guarantee the project would go through as planned. The Metropolitan Council must still approve the capital expenditures for the project. Met Council staff believes it is within their jurisdiction to approve the project funding in total or in part. This means, for example, that the Council could approve only $12.5 million for the actual extension and nothing else. The question which Council staff could not answer was the timeliness of a Council decision. It is unlikely that a decision would be made within thirty days of the Record of Decision being released by FAA. The MAC Planning & Environment Committee retreated into executive session at the February 7 regular meeting to discuss potential litigation resulting from project approval. According to open meeting laws, meetings may be closed to discuss potential litigation . and litigation strategy. The vote to recommend project approval was moved as soon as the meeting was reopened. Holmes & Graven sent a letter to MAC requesting the minutes of the executive session, although it is not expected that those will be • forthcoming. Staff has kept Steve Pflaum of McDermott, Will, & Emery up to date on commission activity. Pflaum has most everything in place if and when litigation is necessary. Resident feedback concerning the project remains oriented toward sound insulation. South Richfield residents are to be sound proofed by the end of 1997 if the project. goes through.. MAC Noise Program staff contacted City staff to notify us of their intent to conduct noise monitoring in two apartment buildings along Cedar Avenue. Managers of the apartments both agreed to allow noise monitoring. This is in response to the City's comments that MAC's noise mitigation plan including only single-family residential could be perceived as discriminatory against minority and low-income populations. If MAC proceeds with insulating multi-family residential properties, the cost of the project will increase once again. • MASAC Next meeting is scheduled for Tuesday, March 7. At the request of MASAC representative Don Priebe, MAC staff will clarify the applicability under the Runway Use System of a resolution offered by Jim Serrin that would exclude takeoffs and landings over Minneapolis between 11 p.m. and 6 a.m. • Dual Track Planning Process MAC approved Alternative 6 as the MSP alternative for study and comparison that will be presented to the Legislature in 1996. Alternative 6 would construct a north-south runway roughly parallel to T.H. 77 (Cedar Ave.) and a new west terminal. Northwest Airlines strongly opposes a new terminal that would cost $1 billion, because NWA would be responsible for about 80% of that cost. Alternative 6 will be compared to a new airport alternative to be selected in April. Representative Dee Long sponsored a bill mandating study of the Remote Runway Concept as part of the Dual Track Planning Process. The bill has not cleared committee yet and there has not been a similar Senate sponsored bill. Staff continues to participate in a joint planning effort with the Metropolitan Council and surrounding communities to formulate a policy recommendation to be included in the package that goes to the Legislature. Policy would focus on redevelopment alternatives and tools for communities surrounding the airport to be more compatible with airport operational impacts. • Congressional Update Staff continues to monitor congressional actions. To date, no movement has been made on the Department of Transportation structure or the Aviation Trust Fund. 0 • Part 150 Sound Insulation Program Resident response remains mostly favorable. Several program participants have called with concerns. Center for Energy & Environment staff have been responsive to those concerns. Recommended Motion: Discuss current airport policy issues. Basis of Recommendation: It is important for the Council to provide direction to staff on airport policy. Alternative Recommendation: Defer discussion to another date. Discussion/Decision Mode: This matter will be discussed at the Study Session of March 6, 1995. submitted, James City M JDP:ds Attachment n ?J ?7_1 9 Resident Contact: Sound Proofing & Airport Concerns This month's key background issue: Letters were mailed to homeowners eligible for sound proofing during the 1995 phase, inviting them to an introductory workshop. MAC also approved Alternative 6 of the AED and the Runway 4-22 extension project later in the month. Nlifii }k `?qEk +??, ':?••••?••:•?7:is::k?:::•:::•:!' :::::::::::::::: ::::::::•ji{ii••?:::,::::::::::::::::::::::•:is::•:i:•::Y?::::::::::::::::::: :::::::::::::::::{?????r}:}?:.}??':;::::?::•,::?:?:?::::::::::}::::::::::i'F.: ..iiffcc44CCp`ff,,??yyy,y?y :tiff i': ::::::}}•••:::T:::.. ................................. ....... ..... vxf ' :{R1?? ............ ................................... Has n rooing a None requested. Mon., Jan. 30 Resident 75th & Bloomington been termin ted in Runwa4-22 issue the south area? explained. )PEat is t e sour None requested. Mon., Jan. 30 John Sanders Century 21 insulation program, Question answered. were two listings eligible? When will sound None requested. Mon., Jan. 30 No name given. 7500 block of 16th s ofing be done on Ki Runway issue block? s explained. -El a or sour None requested. Mon., Jan. 30 No name given. 73rd & Dupont proofing? Where is ? H d ll Question answered. ear a boundary east of I-35 was in. When will they be one requested. i d Tues., Jan. 31 Resident 6400 block of 17th sound proofed? Quest on answere . Neighbors across street are done. When will soun one requested. Wed., Feb. 1 No name given. 7200 block of 17th Proofing get to h ? i Question answered. t em Runup no se is worse than planes taking off. Teaching an oo ing or Fri., Feb. 3 Ann Rein Non-Richfield economics class at information. Will resident. South High... provide materials. would like airport economy info. Interested in ig t Re erre tote it Fri., Feb. 3 No name given. No address given. patterns and leveling Traffic Control altitudes. Tower. Why isn't he Lettershould have Mon., Feb. 6 Resident 63rd & Bloomington included in sound been sent from CEE. proof? Neighbors Situation resolved. are being done. His home is just Tues., Feb. 7 Resident 65th & Bloomington Is his block included outside the contour. in program? No follow-up re uested. e is u appy with ff W D S h k to contacte h k di S Wed., Feb. 8 Resident New Ford Town at . . c oc sta oc to scuss c and feels she is her concerns. They being treated followed-up with unfairly. her. She is being sound To her at CEE Fri., Feb. 10 No name given. No address given. proofed. Can we l h i keeps a book of id p er rev ew he res ent comments contractors? for review. Felt mistreated an to attempted to Fri., Feb. 10 Resident 6800 block of 21 st deceived by W.D. identify source of Schock during problem. Explained buyout. bu out regulations. • She feels CEE isn't Resident just wanted Mon., Feb. 13 Resident No address given. organized. She's had us to be aware of 3 different handlers problems, no follow- during sound proof. up requested. MAC answers to questions are inconsistent. Notice sound Question answered, Wed., Feb. 15 No name given. 74th & Bloomington proofmg around her. no follow-up When is going to be requested. done? When will their Outside the zone. Thur., Feb. 16 No name given. 6600 block of 18th. block be sound No follow-up roofed? requested. When will more Question answered. Thur., Feb. 16 No name given. Rich Acres. money be available No follow-up to acquire his home? re uested. When will she be Question answered. Thur., Feb. 23 Resident 6400 block of 16th. sound proofed? Her No follow-up house has bad requested. insulation. Is their house Question answered. Thur., Feb. 23 Resident 70th and Oakland. eligible for sound No follow-up insulation? requested. T ur., Feb. 23 - When will the new Explained Dual Newspaper report of Richfield business 6500 block of Cedar. west terminal be Track Planning MAC s AED built? When will Process and ppossible decision. the be acquired? timeline for LTCP. This information was gathered January 30 - February 24, 1995.* I • *Note: Names of residents have been deleted for this report. Council Members wishing to respond directly to a resident's comment or question may do so by contacting the Media Assistant/Airport Issues at ext. 716. JDV:ttf S CITY OF RICHFIELD, MINNESOTA Study Session Letter No. 6 Agenda March 6, 1995 Issue Statement: Discussion of relocation options in 6901 Penn Avenue block. Background: There are seven contiguous single family homes in the 6901 block of Penn Avenue. Each of them floods to a varying degree when there is heavy storm water run off. Last fall four of the seven owners requested and were given offers from the City. Two of the properties were purchased by the City. The other two owners countered early this year with their own appraisal reports. Staff responded with an upward adjustment in the offers based on a review appraisal. The owners are indicating that given the value of houses in today's market and the cost of borrowing money, they cannot afford to move. This acquisition project has been defined as a voluntary program thus relocation counseling and financial benefits have not been available. In response to a Council directive from the February 13, 1995 City Council meeting, staff has taken the following action: 1. A representative of Conworth Inc., relocation consultants to the City and HRA, has been requested to interview the two homeowners. 2. Appointments with the homeowners have been scheduled. Information will be gathered regarding family size, assets, liabilities, housing needs, and desired relocation requirements. 3. An analysis of this information will determine housing affordability. Two questions to be answered are: Can the desired/needed housing be afforded? If no, is there sufficient assistance which could be made available? (Staff is concerned that the amount of assistance needed may exceed that which can be provided by a reasonable relocation payment in the range of $10,000 to $22,500). 4. Identification of affordable housing options throughout the metro area. 5. If relocation benefits were to be paid to any of the sellers, it should be paid to all. As a result, the probable range of reasonable relocation benefits would be from $70,000 to $157,500. • Recommended Motion: Discuss relocation or other options. Basis of Recommendation: 1. The homeowners have been unable to identify affordable alternative housing. 2. Further analysis of family needs and affordability is needed to determine if a bridgeable gap exists. 3. If the homes are to be purchased, it may be necessary to provide support beyond a reasonable relocation payment so various types of home buying assistance programs throughout the metro area may need to be identified. 4. The inital program budget was based on the premise that relocation would not be provided. Providing relocation benefits or benefits in excess of relocation will alter the schedule for other storm sewer improvements. Alternative Recommendation: 1. Decide not to pursue alternative relocation strategies. 2. Direct staff to pursue another approach. Discussion/Decision Mode: Staff has initiated this process and direction from Council at the March 6 Study Session would be appropriate. Respectful) submitted, ( James rosser City Manager JDP:ds 0 CITY OF RICHFIELD, MINNESOTA Study Session Letter No. 5 Agenda March 6, 1995 Issue Statemen Information requested at 77th Street/ILN maintenance assessment public hearing. Background: At the February 13, 1995 Council meeting, the hearing concerning the 77th Street/ILN maintenance assessment was continued to the March 27, 1995 Council meeting. Council requested staff to research impact of exempting multifamily residences from the assessment; and to present the cost per unit to multifamily residences if they are included in the assessment. There are not many multifamily units between I-35W and Portland Avenue, which is the area being considered for assessment at this hearing. However, there are numerous multifamily units between Portland and Cedar which is the next section of 77th Street to be constructed. The attached chart shows estimated costs for maintenance of 77th Street between 1-35W and Portland Avenue, and 1-35W and Cedar Avenue and the effects of including or eliminating multifamily residences from the assessment role. The estimated average cost per unit per year when the whole street is finished and no longer affected by the two year construction guarantee would be $23.70 per unit if multifamily is assessed. Recommended Motion: No action needed at this time. However, if Council wishes additional research or information prior to the continuation of the public hearing on March 27, staff should be informed at this time. Basis of Recommendation: As requested at the February 13, 1995 public hearing, information regarding the 77th Street/ILN maintenance assessment is being provided to the Council. Alternative Recommendation: None. Discussion/Decision Mode: This item is scheduled for 7:00 p.m., Monday, March 6, 1995. Although no formal action is required, at this time, staff should be informed of any other steps which the Council may desire prior to the continuation of the public hearing on March 27, 1995. Respectf submitted, Jam D. Prosser City Manager JDP:ds ESTIMATED MAI D COSTS 77TH STREET/ILN MAI NTENANCE DISTRICT 1995 ESTIMATED FUTURE ESTIMATED COST - $18,000 COST - $72,000 35W to Portland 35W to Cedar Ave. With Without With Without Apts. Apts. Apts. Apts. MN School of Business 719.21 786.01 1,874.24 2,560.41 1401 West 76th Street Crestwood Apartments 447.15 -0- 1,165.26 -0- 7720 Fourth Avenue South --------------------------- --------------- ----------------- ---------------------- Richfield Towers Apartments -0- -0- 1,674.85 -0- 7717 Chicago Avenue South Ground Rotund -0- -0- 848.30 1,158.87 1500 East 78th Street 77TH STREET/ILN MMMMW4CE COST HISTORY FOR HAMPTON INN AMID HONDA Hampton Inn Ronda, 7701 Harriet 7701-45 Lyndale and 400 W. 78th St. 1991 1,270.59 2,331.50 1992 1,244.93 1,916.31 1993 Construction Construction 1994 Construction Construction 1995 Est. Cost $18,000 (35W - Portland) With Apartments 448.69 490.37 Without Apartment 866.12 946.57 Future Est. Cost $72,000 (35W - Cedar Avenue) 40 With Apartments 1,169.27 29,257.09 Without Apartments 1,597.34 3,083.42 ESTIMATED MAINTENANCE COSTS 77TH STREET/ILN MAINTENANCE DISTRICT 1995 ESTIMATED FUTURE ESTIMATED COST - $18,000 COST - $72,000 35W to Portland 35W to Cedar Ave. With Without With Without Apts. Apts. Apts. Apts. MN School of Business 719.21 786.01 1,874.24 2,560.41 1401 West 76th Street Crestwood Apartments 447.15 -0- 1,165.26 -0- 7720 Fourth Avenue South ---------------------------------------- ------------ ----------------------------- Richfield Towers Apartments -0- -0- 1,674.85 -0- 7717 Chicago Avenue South Ground Round -0- -0- 848.30 1,158.87 1500 East 78th Street 77TH STREET/ILN MAINTENANCE COST HISTORY FOR HAMPTON INN AND HONDA Hampton Inn Honda, 7701 Harriet 7701-45 Lvndale and 400 W. 78th St. 1991 1,270.59 2,331.50 1992 1,244.93 1,916.31 1993 Construction Construction 1994 Construction Construction 1995 Est. Cost $18,000 (35W - Portland) With Apartments Without Apartment Future Est. Cost $72,000 it (35W - Cedar Avenue) With Apartments Without Apartments 448.69 866.12 1,169.27 1,597.34 490.37 946.57 2,257.09 3,083.42