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1970-10Bill No. 1970-10 AMENDMENT 'IO SECTION 3.33 OF TEiE ORDINANCE CODE OF THE CITY OF RICHFIELD CITY OF RICHFIELD DOES ORDAIN: Section 3.33 of the ordinance code of the City of Richfield, Min;zesota, relating to Use Regulations for the "C-2- General Commercial District, is hereby amended to read as follows: "/Subd:ivision 1. Permitted Uses. In a General Commercial district, unless otherwise provided in this chapter, the following uses are permitted: (1) Any use permitted in a "C-1" district subject to any procedural re- q~:.xirements applicable in the "C-1" district. (2) Retail stores and shops. (3) Gasoline service stations, public garages and car sales lots, subject to the special use perm:_t requiremeLZts of this section. A special use p~°rmit for such use shall not be granted, however, unless it appears that the proposed use will be in substantial compliance with the following standards: (a) The use site will not abut a lot which is in an "R" district. For the purposes of this paragraph, a lot which merely adjoins the use site at one corner will not be deemed to abut the site. (b) The use will not create undue traffic hazards or. traffic con- gestion by reason of the turning movements which vehicles would make in entering or leaving the site. (c) No driveway, at the point it crosses the property line of the site will be within 40 feet of an intersections. An "intersection" as used in this paragraph means the point of intersection of the extended curb lines if the curbs on the near side of the site, and measurement shall be along such extended curb lines. (d) The station or garage will not display any banners, noisy ribbons or similar attention-d;ist:racting or visibility-obscuring devices in the area in front of building setback lines. (e) The minimum frontage on any street will be 120 feet and the minimum area of the site will be 12,000 square feet for a stat~.on with four pumps or less; and stations with more pumps will ha,ae sufficient additional frontage area to pro side equivalent and sufficient space for_ se~~wicing vehicles, for off-Street parking, for safe vehicular approaches into the station, and for good visibility for pedestrians and drivers. (f) No driveway will be flared outward on the boulevard in such a wa.y as to encroach upon the boulevard of adjacent property. (g) The station or garage -will comply with the off-street parking, sign construction and other regulations of the city. (h) Any required buffer or screening area will be so constructed as to obstruct headlight beams of automobiles on the station property from beaming onto adjacent residential property. (i) Pump islands will not be so close to street or adjacent pro- perty lines as to create the likelihood 'of encroachment by vehicles upon street right-of-way, sidewalk areas or adjacent property. (j) Only one permanent detached ground display sign, pedestal type may be erec~ed on the street frontage at or near the property line adjacent to the street, except that if the frontage on the street is in excess o.f 150 feet, two such signs may be allowed by the council on such frontage, subject to any other applicable sign regulations. (k) A11 exterior lighting will be so designed, placed and operated as not to be a nuisance to adjacent properties, 2, 1970-10 cont. (1) If the station or garage is to be located in a shopping center o.° other integrated development, it will 'be in architectural harmony with the rest of the center or development. (m) The station or garage will not provide for the outdoor operation of lubrication equipment, hydraulic lifts or service pits, or the outdoor display of merchandise; but the outside underground storage of gasoline and other p4troleum products between pum1~s, or the temporary display of merchandise within 4 feet of the station building is permitted. (n) If the station or garage is not to be located on a county road or state highway, it shall not be op~°rated between the hours of 11:00 p.m„ and 6:00 a.m. of the following day. (o) If the site is at an intersection, provision wi11 be made for an unobstructed area on the site, adjacent to and within 50 feast of the intersec- tion, free of vehicles, signs (other than a pedestal sign), displays or other mater- ials which tend to obstruct intersection visibility. (4) Theatres, financial institutions, telephone and telegram offices, messenger offices, professional offices a~zd hotels. (5) Carpenter, furnitul-e repairing or upholstery shops, book binding shops, dress making shops, shoe repairing or dyeing shops, newspaper or job printing establishments, electrical, tinsmithing, plumbing, water, gas or steam fitting shops, paint or paper hanging shops, and outdoor advertising signs. (6) Self service laundries. (7) Accessory uses and structures customarily incidental to any per- ~itted use including a dwelling which is necessary to a non-residential use, but not to include the open storage of equipment or materials. (8) Tree trimming services, provided that such services do not include the storage, accumulation or keeping of wood or tree trimmings on the premises. Subd. 2, Uses by Special Use Permit. The following uses shall be permitted only upo~z the procurement of a special use permit, pursuant to Section 3.41 of this chapter: (1) Undertaking establishments. (2) Any drive-in business where p~sople are see-ve in automobiles. (3) Automobile camps and courts, (4) Other business uses which are determined by the council, pursuant to Section 3.40 of this chapter, of the same general character as the uses enumerated in this section as permitted rises in a "C-2'' district and will not be obnoxious or detrimental to the district in which located. Subd. 3. Height Regulations, In a "C-2" district no building shall here•- after be erected or structurally altered to exr_eed three stories or 40 feet in height, subject to the modifications and exceptions pro aided in Sectio~z 3.39 of this chapter. Subd. 4. Lot Areas and Yard Requirements. The same minimum requirements shall be observed for a "C-2" district as are provided for a "C-1" district in Section. 3.32 of this chapter./ Subdivision 1. Permitted Uses. In a Ge~zeral Commercial district, unless otherwise~rovided in this chapter, the following uses are permitted: ~l) Any use permitted in an "R1° district or an "MR" district ~zpon compliance with the Procedural requirements f_or suclz_district provided that no one-family, two-family or multiple-family dwelling shall be constructed in this district without first obtaining a s•p~ecial use permit therefor in accordance_ with provisions of Section 3.41_. (2 A~ commercial use p°rmitted in a "C-1" district, subject to the ~;-ocedural requirements contained in this section (3 Retail stores and shops, including soda fountains. 3, 1970-10 cont. (4 .Financial institutions,. tel. e'~one and telegraph offices, messenger offices and professional offices. (5 Carprnte_Y, furniture repairing and upholstery s:~.ops, book binding shops, dress making sho s~ , shoe repairing or dyeing sb.ops, newsier an_ci~ob printing establishments, electricals tinsmithi~ plumbing,-decorating sllops,~self _~_ service laundries and outdoor advertising signs. ~6) Tree trimming services provided th.at_ such services do_not include storage accumulation or keeping of wood or tree trimmings o_n the premises. (7 Accessory uses and structures incidental to a~~ermitted use, but not including the _o~n storage of equipment or_materials. Subd, 2. Uses by Special Use Permit, The following ~~xses shall be permitted only u op n the procurement of a special use permit j~ursuant_to Section 3.41: ~~ 1) Undertaking establishments, (2)_ Any drive-in business where people are served in automobiles, (3) Automobile cams and courts. __~_._ 4( ) Hotels, motels, restaurants, cafes, gasoline service stations, public garages,_car sales lots, and theatres. ~., ~_ Other_busine_s_s uses w',.~+.ich are determined 'by the council to be of the same eneral character as the uses enumerated in_this section and which will not be obnoxious or detrimental to the areain which they would__be located, Subd, 3. Reg~zlations Relating to Gasoline _Service Stations, Public Garages and Car Sales Lots. A special use permit for a gasoline service station, a_public garage or a car sales lot s1_zall not be granted unless the council finds that the proposed use will be in substantial compliance with the following standards: (a) The use site will not abut a lot which is in an "R" district. For the p~xrposes of this paragraph a lot which mer_e1y ad~oi_ns t_he__use site at one corner will no_t be de:~med to abut the site. y (b) The use will not create undue traffic hazards or traffic con_ ~estion~reason of the ~turnin movements tahich vehicles would make in entering or leaving the site. No driveways at the op int "it crosses the~ro~ert~line of the_ site will be within 40 feat~of an intersection. An "intersection" as used_ in this paragraph means the point of_intersection of the extended curb lines if the curbs on_the near side o_f the site, and_measurement shall be along .such extended curb lines. (d) The station or garage will not display any banners, `noisy ribbons or similar attention-distracting or visibility ®obscurin~de-Jices_in the area in front of building setback lines. ~, e The. minimum frontage on any street will be 120 feat and the minimum area of the site will ba 12,000 s~are~feet for a station with four-pumps or less; and stations with moire pumps will have sufficient additional frontage area to provide e uc~ ivalent and sufficient space for servicing vehicles., for off- street Parking, for safe vehicular appro.achas_int_o the stafion~and for good visi- bility for pedestrians and drivers. - ~f) No driveway will be flared outward on. the boulevard in such a way as to encroach upon the boulevard of adjacent proper ~~ ~~ fig) The station or garage will comply with the off-streat_ ap rkin~ sign construction and other regulations of the city. _ __~_. ~h Any required buffer or scretining area_will be so constructed as to obstruct headlight beams of automobiles on the station property from beamin onto adjacent residential proP_rty (i) Pump islands will not ba s_o close to street_or_adjacant proper_ ty lines as to create the likelihod of encroachment by vehicles upon_straat right- of-way, sidewalk areas or_ adjacent~pro,pL~rty• ~ ~ ~u _ ~__Only one permanent detached ground display sign, pedestal type may be_arectad on the streat frontage at or near the proper line ad_'a3 cent to the street, except that if the frontage on the streat is in excess of 150 feet '_=wo such signs may be allowed by the co~an.cil on such ront_a~e, su sect _to any of ar a~plicai~le sign reg~xlations. 4. 1970-10 cont. (k) A11 exterior 1i~ting will be so designed, placed and operated as not to be a nuisance to adjacent properties. ~l) If the station or~ara,~~,e is to be located in a shopping_center or other integrated development~it will be in architectural harrno~~ with the rest of the center or development __._ ~m)~_The station or gara-ge will not provide for the outdoor o eration_ of lubrication e ui ment, hydraulic_1if_ts or service pits, or_the outdoor displa;~ of merchandise; but the outside underground storage of~soline_and other petroleum ' products between pum s, or the temporar_y_ displa~of merchandise within 4 feet of the station building is permitted, y s n L If the station or garage_is not to be located on a county roa or state highway, it shall not be operated. batween~the_hours of 11:00 p,m, and 6:00 a,m. of_the following d_ ay. ~o ) If the s ite is at an intersection, provis ioAn_ wi11_ be made for an unobstructed area on the site, adjacent to and within 50 feet of the interse_c_ tion, free of vehicles, sigizs_(other than a pedestal sign , displays_or other mater- ials which tend to obstruct intersection visibility, ~~ Subd. 4._Repulations Relating to Hotels, Motels, Restaura~its and Cafes. _A special use p~vrmit s}.ial1 not be granted for a hotel, motel, restaurant or cafe unless the council finds that the rp oposed use will be in substantial compliance_ with the following_ standards: Y~ S~._~'1`he use :ai11 not create undue traffic hazards or_ tr_af_fic con estion either on the public streets .adjacent to the_ site or on the parking areas on or adjacent to the site or on streets adjacent to the site unto_Ta_h_ic_h_ traffic to or from the site is channeled, ~b~Ad~uate provision will be made, through the use of building set- backs, buffer_areas, screening, an_d exterior treatment or placement of the buildin on the site to avoid .noise, glare, fumes, dust, and_mother sources o_f nl.zisance or annoyance to adjace~~zt ~ropvrties. Sc) Adequate provision will be made through the use of building setbacks, screening,-landscapingZ exterior design and placement of the building oil the site to avoid noise, glare, fumes dust, and any other sources of nuisance or annoyance to users, or patrons of the facility. (d) Adequate off-s~ree~arking space is available for patrons and employees. e~_)~If liquor is to be sold on the premises (1)the property abuts upon a major street, (2) access to all off-street parkin spaces is from internal driye_ way systems and is not directly from public streets, and (3) provision is made for well-designed_ vehicular stacking spareallowing for an efficient and~orderl flora of traffic fromthe site onto adjacent major streets. ~f) The proposed facility will provide an aesthetic appearance which will not detract from or conflict_with the existing or proposed architectural forzns_ of buildings in the same area. ~~) The use will not create an excessive burden on~ublic parks, public open-space, streats, or utilities requiring publ_ic_ser_v_ices which are proposed to serve the facility (h) The proposed develop+nent will not conflict with the compreheLzsive development plan of the cites Subd, 5. _Height Regulations. In a 1°C-2" district no building shall hereafter_ be erected or structurally altered to exceed three stories or 40 feet in_heightz subject to the modifications and exceptions provided in Section 3.39 of this chapter, Subd. 6. Lot Areas and Y_ar_d Requirements. The same minimum :requirements shall be observed for "C-2" district as are provided for a 11C-110 district in Section 3.32 of this chapter, ~~ 5. 1970-10 Subd, 7. Pursuant to tl~e provisions of Section 3.40 the council may grant an exception or an adjustment to any of the requirements of this section where the council finds that the project encoura eg s a more creative and efficient approach to the use of land and to environmental design than is provided under the strict application of the zoning regulations of the city, provided that the project is consistent with the purposes of such regulations." Passed by the City Council of the City of Richfield, Minnesota, this V 23rd day of March, 1970. Attest: '~~- _ ~ c , ~G~=i ~.= ~ ~'',~~ v Thomas J. Mdran, City Clerk ~_ ~ ~, Stanley W. Olson, Mayor u upon au{uuem pruper[,y. (g) The station or garage will comply with the off-street parking, sign construction and other regulations of the city. (hl Any required buffer or screening area will be so constructed as to obstruct headlight beams of automobileson the station I property from. beaming. onto .adjacent resi- )the au{acen[ property.- ._ .- °~. (jl Only.,oue perttiahent detached ground .display 'sigS~ pedestal type may be erected on the ctfe~Y [{~oatage at arnear the street is in excess o[ I50 feet, two such signs may be allowed by the rnuncil on such front- age, subject to .any o@4et applicable sign reg- ulations. '~ i`':' ' (k) 'All exterior lighting.'. will be so designed, placed~aud oper9ted~:as not to be a nuisance to adjacent properties:. (I) [f We stomp; garage is to be located in a sAoppm~ter ~ot~other itite- grated deve~pprpertC t vAjf:,~dtnr 'architec- tural harmony: with t~~t':4[~-te,.center or (.ml eK.~ gp-will not provide for' ~~~ Y'0 ~' oflobrica- tion equip¢n~tl<}[~dr~0.~'c. ce pits, or the 'outdbor E ;but the outside und' t spline and other petroleum redo pumps, or the`"i2 a-'""' ~ a ndise within rmit- ted. (nl If thdstation 9t!~P ~ xp11Qt to be Iota , r . ay, ~t ' shir l1 X00 p.m 6:OO a of > s of day. (7) 'ACOeSStit~e uses., tifid structures cus- tomarily" incidenta9 to any permitted use including a dwelling which is necessary to a non-sesidential use„but .pot ~to include the open storage of equipment' or materfals. (8) Tree trimming services, provided that such services do not include the storage. accumulation or keeping of wood or tree trimmings on the premises. Subd. 2. Uses by Special Use Permit. The following uses shall be permitted only upon -the procurement of a special use permit, pursuant to Section 3.41 of this chapter: (1) Undertaking estab6 cots. (21 Any drive-in bu ere people are served in automobiles , ,~;~; (3) Automobile camp ts. (4) Other business are deter- mined by the council pursua ~to Section 3.90 of this chapter, oCthe same general character as the uses enumerated ~ in this section as permitted uses in a "C-2" district and will not be obnoxious or detrimental to the district in which located. Subd. 3. Height Regulations. In a "C-2" district no building shall hereafter be erected or structurally altered to exceed three stories or 40feet inheight, subject to the modifica- tions and exceptions provided in Section 3.39 of this chapter. Subd. 4. Lot Areas and Yard Requirements. The same minimum- ~gpuiremepts. Shall. -be ~'i observed fora "C-2" distract as are provided j for a "C-1" district in Section 3.32 of this I chapter.) Subdivision 1. Permitted Uses. Is a General Commercial district, unless otherwise pro- f vided in this chapteq the following uses are permitted: of the site will be station with four pu with more pumps tional frontage area sufficient space foe off-street parking approaches into the ibility for pedestrian Ifl No drivew on the boulevard io : upon the boulevard a IBI The static with the off-street I and other regulation: 161 Auy requ area will be so co headlight beams of a property from bear dentjal property. (il Pump islan street or adjacent pi the likelihood of e~ upon street rightof adjaeeetproperty. Ijl Ouly om ground display sign erected, oq the stree property line adjace that if the irootage of 150 feet, two such the council oo such other applicable sign Ikl All exterior leg placed aad operated adjacent properties. (il If the sta located in a shoppii grated development, tural harmony with development. Iml The slat provide for the outd lion equipment, hydr or the outdoor displ the outside undergrt and other petroleum or the temporary within 4 feet of the s led. (nl If the slats located ou a-rnuuty shall not be operat 11:00 and 6:W a.m. lot If the sid provision will be m. area on the site, ad feet of the intersects[ (other than a pedesta materials which tend visibility. Subd. 4. Regulati~ Motels, Restaurants permit shall pot be g~. restaurant or cafe that the proposed ua rnmpliance with the I (al The use w fic hazards or traffic public streets adjace parking areas on or; (Official PuWic{atiou) City THE OF uses a RSteq;; A .r . ...'rte:, f l l - permitted ~n:.a ' trio subject to ~" durst r appl- icable in ~" district. ,, 121 Retest a~d,shops. (31 (iasoL t~~ set~9ce stati`oAri,'.' Public garages atM car sales lotg, sublecC to the specs '$s>lj 3t r ~ is td":this sec- tion ~~~use ''fo~ sit~iiuse shall not be " tefi~~ho u esa it: appears that the PrOpdsed use wtll;fiE a tensest comp}iattkp a6ldtlie"rfollowi~,a s: tat The pae " attr, ids not ut a lot which is to atFlfR" distt~~`or fhe~itrposes of this pare a lqt „ ch'mers!ly adjoins the uap`islte at '~COSYier sill not 4,e deemed to abutahe stte.;% - ~ ~.' ', .. .(iii Theunli sot i~e£t~uhdue tra[- fic hazair.~s or 1! aE[bc c'atgestion by,teason of the tntFlffng m¢pe8ts~tahich'vssktcles would make fA tsigtertlf~ ur teavitpl the `'. ` lc1 Nq$~vewagqr at a po t crosses the property lice of fhe site wilt T.within 40 feet of an mtersection..An "intersection" as used in Nis paragraphineans ttfR point of intersection ~ the extetided'esjr~i`lines if the curbs on the rside of tlie`ayte, appdd mea- surement 1%be.blong sucltzdiitea7ed curb lines. .,' (d) The~s'tation or gara~e ~~tvill not dis- play any banners, nptsy ti7 ns or similar attention-dtstracGng,f-br tti'thtyobscuring devices in the area 1iq front~gf building set- back lines. (el The minimum frontage on any street ,~ Beet nd;r,4e m~gimum area of the'~site ~~;s~tare feet for a station with touri'put5lps or pfssi'and stations with more pumps will have sufficient addi- tional frontage area to prpvide equivalent and sufficient space for- sprvicidg vehicles,-for off-street parking, fOr safe vehicular approaches into the station, and".tor good vis- ibility for pedestrians and drivers. (f) No drivewa.Y will be flared outward gnthe boulevard in such away as to encroach upon the boulevard of adjacent property. (gl The station or garage will comply with the off-street parking, sign construction and other regulations of the city. Ih) Any required buffer or screening area will be so constructed as to obstruct headlight beams of automobiles on the station property from beaming. onto adiacent resi- the Iit~lfftgbZh~ upon street nigh ' f y,`9ideiva li ~nieaey.4gtk: adjacentproperW.- .:.... .... ~, fjl Only one perttlanent detached ground display ~sigb',- pedestal type may be erected on the. attest frootags's at or near the street is in excess of 150 feet, two such signs may be allowed by the council on such front- age, subject tq.any other appficable sign reg- ulations. ` s, "' (k 1 All exterior - fighting.'. will be so designed, placed and oper9ted";as not to be a nuisance to adjacent properties.• ill I[;the st~typq~t~f~.llatage is to be located in a' shoppsYs~ t4mter ~oS~uther inte- grated develpptltstttti",it'tW7u`~E:tllf architec- aevelopment. : ~. c. .r:~~yr :r r:+..:.; - . (ant 'Tlt~ 9K:! ge~+will not provide for thre'~`o r of lubrica- tion equigrpsc~n}}~lsgttl6c. `ce pits, or the 'outd or ' but the outside u t .' ','.tjasoline and other petroleum redo pumps, or tls a ~F~~ ~ ndise witllin ` rmit- to be ty, it >'s o[ of the site will be station with four pu with more pumps ~ linnet Irontage area sufficient space fns ofi-street parking approaches into the ibility for pedestrian Ifl No drivew on the boulevard in ' upon the boulevard a (gl The static with the ofi-street I and other regulation: Ihl Any requ area will be so co headlight beams of a property from bear dentjal property. li) Pump ester street or adjacent pi the likelihood of es upon street righlof adjacent property. Ijl Only om ground display sign erected,osythe scree property Ime adjace tdat if the frontage of 150 feet. two such tde council on such other applicable sign (kl All exterior leg placed asd operated adjacent properties. III If the star located io a shoppfs grated development, rural harmony with development. Iml The slat provide for the outdo tion equipment, hydra or the outdoor displ the outside undergn sad other petroleum ~ or the temporary within 4 feet of the s f 7)~•Ati'CgsBq~ 'hhd structures cos- led ~ tom~s~SS'~ily~ inciden tP iahy permitted use inesB tn d lli hich - i . (nl If the static y g a we n w ~ s^n,~ssa~~ ' ` '' - located on a county i pr3v1?ns sif Sechon 3.$1: shall not be operab 121 Any commercial use permitted in a 11:00 and 6:00 a.m. "C-1" district, subject to the procedural lot If the sib requirements contained in this section. provision will be m: (31 Retail stores and shops, including area on the site, ad soda fountains, feet of the interseMis 14) Financial institutions, telephone and )other than a pedesta telegraph offices, messenger offices and pro- materials which tend fesaional offices. visibility. (51 Carpenter, furniture repairing and „. Subd. 4. Regulates upholstery shops, book binding shops, dress N Motels, Restaurants making shops, shoe repairing or dyeing shops, permit shall not be gi newspaper and Job printing establishments, restaurant or cafe i electrical, tinsm[thiog, plumbing, decorating» ' that theproposed us shops, self service laundries and outdoor compliance with the 1 advertising signs. lal The use wi I6) Tree trimming services provided that fic hazards or traffic such services do not include storage accumu- public streets adjace lotion or keeping of wood or tree trimmings parking areas on or s on the premises. ` _ - (71 Accessory uses-and structures luci- dental to soy permitted use, but not inclading~ the open storage of equipment or materials. Suhd. 2. Uses by Special Use Permit. The following uses shall be permitted only upon the procurement of a special use permit pursuant to Section 3.410 (1) Undertaking establishments. f2) Any drive-in business where people) are served in automobiles. 13) Automobile camps and courts. (4) Hotels, motels, restaurants, cafes, gasoline service stations, public garages, car safes lots amt theatres. (51 Other business uses which are deter- mined by the conncii to be of the same een-