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08-25-1992i CITY OF RIOHFIEID nnnrnnG commission AGEnDn RDllIl CIZIl August 25, 1992 II 1 n U t 7:00 p.m. Regular Planning Commission meeting of July 28, 1992. M i0• IIM'nit'in ITEM #1 92 -RZ -1 6401 Lyndale Avenue South Pizza Hut Delivery Conditional use permit to allow pizza carryout and delivery business with no dine -in service l'' Vl' 1091 l l" ti ti ITEM #2 Information Letter #10 First draft revisions of Richfield Zoning Code (Sec. 505 -510) I i a c>n I''pc»•tti School, Board Community Services Advisory Commission HRA City Council AdHoc 135/1494 Traffic Committee PLANNING COMMISSION MINUTES CITI' OF Regular u July 28, 1992 RICHFIELD MEMBERS PRESENT: Chairperson William Snyder; Commissioners: Robert Elliott, Timothy Erlander, Michael Gallagher, Daniel. Linnihan, Morris Nilsen H, Thomas Scaglia, and David Sumnicht MEMBERS ABSENT: Commissioner Nancy Edwardson COUNCIL LIAISON: Martin Kirsch, Mayor STAFF PRESENT: Bill Weaver, City Planner; Shawn Drill, Zoning Administrator; and Diane Anastos, Associate Planner The Planning Commission meeting was called to order by Chairperson Snyder at 7:00 p.m. APPROVAL OF MINUTES M/Erlander, S /Gallagher to approve the minutes of the regular Planning Commission meeting of July 28, 1992. Motion carried: 6 -0 PUBLIC HEARINGS Commissioner Scaglia arrived. CASE 92 -RZ-1, 521 West 64th Street ITEM #1 Investors Savings Bank Rezone property to allow parking lot expansion Zoning Administrator Drill reviewed the staff report, stating that the request is to rezone the residential area adjacent to Woodlake Plaza Shopping Center, from R to C -2, to allow for parking lot expansion. The home which is currently situated on the site is starting to deteriorate. The proposal is to demolish the structure, grade the site and put in a parking lot. Mr. Drill gave an analysis of the site plan, noting that curbing would be added, in addition to screening along Planning Commission Minutes July 28, 1992 Page 2 64th Street and the adjacent residence to the west, improving the overall appearance of the area. He stated that an increase of 25 parking spaces would increase the viability of the center by allowing them to lease to a variety of tenants. Mr. Drill also said the plan would bring the site into conformance with existing parking standards. Additionally, the application included a petition signed by 65 % of the property owners within 300 feet of the site. Staff recommended approval of the request in accordance with the proposed site plan. Responding to Commissioner Snyder's questions, Mr. Drill stated that no changes would be made to the alley, as it was vacated in 1984. Alan Reichstadt, representing Investors Savings Bank and Woodlake Plaza Shopping Center, stated that Towle Real Estate has been managing Woodlake Plaza Shopping Center for two years and has been working with Investors Savings Bank to revitalize the area. He stated that the area has undergone substantial renovation, but requires a better tenant mix to stabilize the site, benefitting the area in the long run. Mr. Reichstadt also stated that the increase and improvement in the parking would prove to be an enhancement of the property for the future. He noted that the residential property in question, 521 W. 64th Street, was monitored over a period of time to determine whether it was feasible to maintain it as a residential area. It was determined that the property would be more successful as a commercial site. Mr. Reichstadt noted that Woodlake Plaza and Investors Savings have been working with the owner to structure a purchase agreement, contingent on the re- zoning process, and the approval of the neighborhood, and the City of Richfield. Mr. Reichstadt concluded that if approval were obtained, the site would be buffered from the surrounding residential area and landscaped, enhancing the perimeter,and the commercial site as a whole. Jeff Agnes, representing Shea Architects, reviewed the proposed site modifications, stating that architectural modifications would include replacing the sod with asphalt, and draining it to minimize the overall amount of drainage. He also stated that a 4' and 6' foot fence would be placed along the north and west property line. Mr. Agnes noted that their landscape architect consulted with City Planner Weaver, to determine the most appropriate way to landscape and soften the fenced area. Commissioner Sumnicht arrived. Responding to a residents' question, Mr. Agnes stated that the building itself is illuminated and that one wall pack would be added to the existing lighting; no poles would be used. Shirley Huntington, 514 W. 64th St., stated that she has been a resident of Richfield for 32 years. She felt the City has twice the number of stores and shops than it needs and that if parking was expanded into the residential areas, it would have a negative impact. The lighting, traffic and noise from the alley are disruptive as well as noise generated by the maintenance crew in the middle of the night. Planning Commission Minutes July 28, 1992 Page 3 Barry Bentzen, 508 W. 64th, stated that he has been a resident of Richfield for 25 years. He suggested that the fences are not high enough, and proposed that W. 64th be dead ended, across from the alley and adjacent to 514 W. 64th. He stated that this will divide the commercial from the residential, but will still provide access for fire on 63rd, Grand or Harriet Avenues. He also stated that the existing traffic problem would only worsen, and this is what they are objecting to. Commissioner Snyder stated that this would mean re- zoning a whole area_ Mark Pederson, 500 W. 64th St., stated that he has lived in Richfield for six years. His main concern is the increased traffic flow through the area. Several cars cut through 64th street to get to the HUB and Rainbow, especially in the peak afternoon hours, and he will not allow his children to play in the front yard because the heavy traffic raises a safety concern. M/Gallagher, S/Linnihan to close the public hearing. Motion carried: 8 -0 Responding to Commissioner Linnihan's question, Mr. Weaver stated that staff would have to review the proposal. He said the issues the residents seem to be most concerned about are the traffic and screening of the additional property from the residences across the street_ Mr. Weaver noted that the zoning ordinance restricts the front yard and street frontage fence height to four feet. Responding to Commissioner Linnihan's questions, Mr. Weaver stated that it would be possible to form a cul de sac of some sort, but that issue would have to be scheduled for discussion at another meeting. He also noted that if the street can't be vacated, a variance could possibly be obtained to increase the height of the fence. He also stated that the purpose for the landscaping around the fence is to help soften and minimize headlight glare. The photometrics plan illustrated lighting patterns and intensity. Commissioner Snyder stated that he wasn't sure how a higher fence would alleviate the parking and traffic problem. He said the increase of parking spaces would alleviate the parking problems, but not the traffic circulation. Commissioner Linnihan stated that a parking lot and driveway will not affect traffic. He stated that they were two separate issues. He felt that development of the area will not preclude those concerned from going to the City Council to close off the street; the issues are mutually exclusive. Planning Commission Minutes July 28, 1992 Page 4 Barry Bentzen stated that his concern was about the lighting in the neighborhood. Mr. Reichstadt stated that the purpose of the additional wall pack is to provide a continuous line of lighting along the wall. There will be no extensions. He noted that there was great concern about adding light poles which would change the existing conditions. But if the present plan is unacceptable, it is negotiable. Mr. Reichstadt stated that the effort was made to achieve the maximum in code compliance in regard to landscaping and fence height and safety considerations. There has been no deliberate intent to negtively impact the residential area. Mr. Weaver reviewed the photometrics plan, explaining how to interpret the contours. He stated that as the contours expand out, the light disperses more. Higher foot candles are situated at the center of the pack. He stated that if glare is a problem, diffused lighting may need to be considered. However, the direct overwash is not as high as it appears to be. Responding to Commissioner Snyder's question, Mr. Reichstadt stated that the lights are approximately nine -ten feet off the ground with a little bit of variance between the buildings. Barry Bentzen asked if there wasn't any reason why the lights couldn't be directed from the perimeter, towards the building. The placement of the existing lighting would still direct the light out towards the neighborhood. Mr. Reichstadt stated that they would be willing to review perimeter lighting looking inward, and the proposed fixture to determine if perhaps another design would suit the area residents needs better. Responding to a residents question, Commissioner Scaglia stated that property values are affected by a variety of factors. Since the area in question is already a commerical site, external influences such as bus routing would have a greater impact on property value than a parking lot addition. General discussion on property values followed. M/Linnihan, S /Scaglia to adopt staff recommendation with the stipulation that both property owners and residents work together to solve the lighting problem. M/Erlander, S /Scaglia to amend Commissioner Linnihan' motion to add language requiring that the residents and business owners enter into mediation to work out a suitable lighting plan prior to a hearing before the Cijy Council. Motion to amend motion carried: 8 -0 Motion as amended carried: 8 -0 Planning Commission Minutes July 28, 1992 Page 5 NEW BUSINESS ITEM #2 Information Letter # 8 Richfield Rediscovered Redevelopment and TIF Plan Commissioner Snyder briefly reviewed Information Letter 98 which requests the Planning Commission to make a finding that acquisition and disposition of property for Richfield Rediscovered is in compliance with the Comprehensive Plan M/Scagha, S /Gallagher to adopt the resolution that Richfield Rediscovered is in compliance with the Comprehensive Plan. Motion Carried: 8 -0 Commissioner Erlander briefly reviewed the second part of Information Letter #8 which requests the Planning Commission to make a finding that the Richfield Rediscovered Redevelopment and Tax Increment Financing Plan modification is in compliance with the Comprehensive Plan. M/Erlander, S /Scaglia to adopt the resolution that finds the Richfield Rediscovered Redevelopment and Tax Increment Financing Plan modification in compliance with the Comprehensive Plan. Motion Carried: 8 -0 ITEM #3 Information Letter #9 Quarterly report of the Administrative Review Committee Mr. Drill summarized the cases which have been reviewed by the Administrative Review Committee, and informed members of the action taken by the Council. Planning Commission Minutes July 28, 1992 Page 6 OLD BUSINESS Commissioner Gallagher suggested that perhaps the Planning Commission should have a working session, to discuss issues such as the Comprehensive Plan. He stated that issues which have long term impacts, such as strip malls and the parking problems which usually result, need to be carefully reviewed. It is imperative that well informed decisions are made, and policies consistently administered. Commissioner Scaglia responded that to ensure the working sessions are productive, they should focus on something specific and understandable. However, it is most important to leave the process open for the public. It is the job of the Planning Commission to identify issues that the Council should be looking at. Commissioner Gallagher stated that each case would have its individual circumstances. Mr. Weaver stated that planning staff is working on establishing a process for revising the Comprehensive Plan. And that subject areas such as Lyndale will be included as part of the process. Planning staff is currently working on developing a framework for the I- 494/Lyndale area, in conjunction with the realignment of 77th Street. He suggested that parking in this area constitutes a major problem, and that it might be an appropriate subject for a working session. LIAISON REPORTS School Board: None. Community Services Advisory Commission: None. HRA: None. City Council: The Council passed the Assessment Rolls for diseased trees, alley maintenance and ILN/LHN. The pending lawsuit by Minneapolis against Richfield regarding MSP Airport seems to be on hold. A meeting with MAC will be held July 29 to discuss the New Ford Town buyout. Sound insulation is being done on the west side of 18th Avenue. Ad Hoc Traffic Committee: None. Planning Commission Minutes July 28, 1992 Page 7 ADJOURNMENT The meeting was adjourned by unanimous consent at 8:17 p.m. Timo dander Planning Commission Secretary CITY OF R10HAELD K«nrum commission fiction Requar! Item: #1 Agenda Section: Public Hearing Case: #92 -CUP -3 Date: August 25, 1992 GENERAL INFORMATION Petitioner: Pizza Hut of America, Inc. Location: 6401 Lyndale Avenue South, Woodlake Plaza Shopping Center Type of Request: Conditional use permit to allow a pizza carryout and delivery business with no dine -in service. Zoning: C -2, general commercial Land Use: Commercial Comp. Plan: Central business district References: (see attached Citations section for excerpts) Zoning Code: Section 520.17 outlines conditional uses in the C -2 zoning district. Section 520.21 outlines the requirements for restaurants. Section 545.09 outlines administration of the conditional use permit process. ACTION Proposed Change: Remodel interior of existing building for use as Pizza Hut carryout and delivery business. Staff Recommendation: Approve the conditional use permit with stipulations. HISTORY Public Notice: Notice of the Planning Commission's consideration and public hearing was mailed to all property owners within 350 feet of the subject property. Hearing Examiner: Not applicable. City Council: Planning Commission action would set a City Council hearing date of September 28, 1992. ANALYSIS UsUes: Pizza Hut Delivery is requesting a conditional use permit to allow a carryout and delivery business at Woodlake Plaza Shopping Center. The business would not provide dine -in service; however, because the use is classified as a restaurant, a conditional use permit is needed. The business would be located in the smaller building on the northwest corner of the property, in the lease space previously occupied by a retail door and window operation. The remaining lease space in this building is currently occupied by A -1 Vacuum Cleaner Company. The project mainly consists of an interior remodeling of the lease space to fit the specifications of Pizza Hut Delivery and to meet the requirements of the City Health Code. The only physical changes to the exterior include new landscaping and signage. All common area maintenance of the grounds are handled by the property owner. The business would be open seven days a week. The hours of operation would be Sunday- Thursday: 11:00 a.m. to 12 midnight, and Friday - Saturday: 11:00 a. m. to 1:00 a. m. The existing Shopping Center's parking is adequate for the proposed use. It should be noted that Pizza Hut's conditional use permit application is not related to the current petition by Woodlake Plaza to increase on -site parking. No negative impacts by this business are anticipated. An increase in traffic volume to and from the business can be expected, as the site is currently vacant. This should not be significantly higher than any other retail operation which could occupy the site without a conditional use permit. The applicant has indicated that the increase in trip generation will not be significantly increased. The City Health Department will require proper filtering and ventilation to control odor in the vicinity. RECOMMENDATIONS Recommended Action: Preferred: Recommend that the City Council approve the conditional use permit for Pizza Hut Delivery with the following stipulations: 1. That a hose bib be provided for the dumpster area. 2. That the recycling room be enlarged if so determined by the Health Division at the time of plan review. 3. That landscape screening be provided in the area between the building and 64th Street; that the landscape plan be reviewed by the City Planner; and that a cash escrow be submitted for the landscaping. Basis: l . The proposed use is consistent with the shopping center setting and with the City's comprehensive plan. 2. The handicapped parking requirement is met on the site. 3. The landscaping will buffer and soften the appearance of the building. Alternative: Recommend that the City Council deny the conditional use permit with a finding of fact that the proposal would have an adverse impact on surrounding properties. 1 I; la a ` I lo. -oaQ I J o, m I it m 1 to I Q 1 ; i 7L-- Z.. a Za QZ! eoJ 6c of Vle 1 V G v 1 N m Id a O C V O QN 0 1 I; la a ` I lo. -oaQ I J o, m I it m 1 to I Q 1 ; i 7L-- Z.. a Za QZ! eoJ 6c of Vle 1 V G v 1 o„oogs= ? Z -13A31 kii?4n33S 5 ` a t S £S —d 9lOdV3NNlA ec o° QC ° g.k NW '0I31JH318 m <m n 3AV 31VONAI 101r§ ` 7-OZ Z O Q W JW x 0 7oxz r G a zO Q b WJ HN 3x CITATIONS ZONING CODE: 520.17. Conditional uses. The following uses are permitted in the C -2 district only upon the procurement of a conditional use permit pursuant to section 545. d) hotels, motels, restaurants, cafes, gasoline service stations, service station stores, public garages, car sales lots and theaters. No service station may be converted into a service station store without a conditional use permit for such use issued in accordance with section 545; 520.21. Hotels, motels, restaurants and cafes. Subdivision 1. General rule. A conditional use permit shall not be granted for a hotel, motel, restaurant or cafe in the C -2 district unless the council fords that the proposed use will be in substantial compliance with the standards set forth in this subdivision. Subd. 2. Traffic. The use will not create undue traffic hazards or traffic congestion 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 which traffic to or from the site is channeled. Subd. 3. Buffers. Adequate provision will be made, through the use of building setbacks, buffer areas, screening and exterior treatment or placement of the building on the site to avoid noise, glare, fumes, dust and any other sources of nuisance or annoyance to adjacent properties. Subd. 4. Nuisance. Adequate provision will be made through the use of building setbacks, screening, landscaping, exterior design and placement of the building on the site to avoid noise, glare, fumes, dust and any other sources of nuisance or annoyance to users, or patrons of the facility. Subd. 5. Parking. Adequate off - street parking space must be available for patrons and employees. Subd. 6. Liquor sales. If intoxicating or non - intoxicating liquor is to be sold on the premises (i) the property must abut upon a main thoroughfare of the city, (ii) access to all off - street parking space must be from internal driveway systems and is not directly from a public street, and (iii) provision must be made for well- designed vehicular stacking space allowing for an efficient and orderly flow of traffic from the site onto adjacent main thoroughfares of the city. "Main thoroughfares of the city," as used in this subdivision, means a street designated as a state trunk highway or a service drive adjacent to the state trunk highway, a state aid highway, a county aid highway, a county highway, or a street which is so located as to serve primarily commercial development. Subd. 7. Architecture. The proposed facility will provide an aesthetic appearance which will not detract from or conflict with the existing or proposed architectural form of buildings in the same area. Subd. S. Public services. The use will not create an excessive burden on public parks, public open - space, streets, or utilities requiring public services which are proposed to serve the facility. Subd. 9. Plan conformance. The proposed development will not conflict with the comprehensive development plan of the city. Subd. 10. Conditional use permits: special case. The city council shall not approve a conditional use permit for a restaurant with a drive -up service window if the drive -up service window, or the order station, or an exterior loudspeaker is located within 150 feet of any residentially zoned property. The terms "residentially zoned property" shall include any planned unit development which contains residences within it. (Amended, Bill No. 1989 -3) 545.09. Conditional use permits. Subdivision 1. Issuance. Conditional use permits may be issued for any of the following: a) any of the uses of purposes of which a conditional permit is required or permitted by this code; b) public utility or public service uses or public building when found to be necessary for the public health, safety, convenience or welfare; c) commercial excavating or natural materials used for building or construction purposes; d) to classify as a conforming use any institutional use existing in any district at the time of the establishment of such district; e) to permit the location of any of the following uses in a district from which they are excluded by the provisions of this code: airport, library, community center, church, hospital and institutional of an educational, philanthropic or charitable nature, cemetery, crematory, mausoleum or any other place for the disposal of human dead; and f) for use determined pursuant to subsection 505.11. Subd. 2. Limitation. A conditional use permit may not be issued for (i) the purpose of granting an adjustment or appeal, (ii) for any use not authorized for the zoning district for which the permit is sought, (iii) nor for prohibited use. Subd. 3. Application. Application for the issuance of a conditional use permit is made to the director. Proceedings to classify certain uses as conforming uses may be initiated either by an applicant or by the council. (Amended, Bill No. 1988 -7) Subd. 4. Public hearing. The council may hold such bearings on the proposal to issue a conditional use permit as it may consider necessary; but at least one public hearing shall be held by the board or by a committee of commission to be designated by the board in any application for a conditional use permit for the establishments of any use listed in subdivision 1, paragraphs a and f. (Amended, Bill No. 1988- 7) Subd. 5. Conditions. The council may not grant a conditional use permit unless it fords that the establishment, maintenance or operation of the use for which the conditional use permit is sought will not under the circumstances of the particular case be detrimental, (i) to the health, safety, morals, comfort, convenience or welfare of the persons residing or working in the neighborhood of the use, or (ii) to the public welfare or injurious to property or improvements in the neighborhood. (Amended, Bill No. 1988- 7) Subd. 6. Other conditions. The council may not grant a conditional use permit unless it finds that the establishment, maintenance or operation of the use for which the conditional use permit is sought is in compliance with the (i) comprehensive municipal plan, (ii) an officially adopted redevelopment plans and urban design guidelines, and (iii) applicable parking regulations and landscape guidelines. Amended, Bill No. 1988 -7) Subd. 7. Compliance. The council may impose conditions and require guarantees in the granting of conditional use permits. Any use permitted under the terms of any conditional use permit shall be established and conducted in conformity to the terms of the permit and of any conditions imposed. If any person violates a term of the permit or any condition imposed by the council in connection with the grant or issuance of a conditional use permit, the council may revoke such permit and all rights attributable to such permit. In considering the revocation of a conditional use permit, the city shall proceed as follows: a) Complaint. The director shall review any complaints received by the city 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: 1) be in writing; 2) particularize the violation or violations found to apparently exist and particularize the remedial actions which must be taken to achieve compliance with the terms and conditions of the conditional use permit; 3) provide a reasonable time, but not less than ten days, for the recipient to remedy the violation or violations particularized in the notice; and 4) inform the recipient that if the particularized 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 clause (b) above and the recipient has failed to correct the violations particularized 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. d) Scheduling of hearing. If the city manager concurs in the recommendation of the director, the 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) 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: 1) state the time, date and location of the hearing; 2) describe with particularity the violations or violation which will form the basis of the director's recommendation to the council; 3) describe the recommendation which the director intends to make to the council with respect to revocation; and 4) inform the recipient of its opportunity to be present at the hearing, to be represented by legal counsel during the hearing, to present testimony and evidence.and to cross -examine witnesses. The director shall also provide a notice containing the information described in subparagraphs (1), (2) and (3) of this paragraph to all other persons who would have been entitled to notice had the hearing been to consider the granting of the conditional use permit. f) 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. And all other licenses and permits issued by the city which require, as a condition of their issuance, the existence of the conditional use, shall be subject to termination in the manner set forth in this code or other applicable law. (Added (a) -(f), Bill No. 1988 -7) Subd. 8. Time limitations. A conditional use permit expires one year after it has been issued unless i) the use for which the permit has been granted has commenced within one year or (ii) upon written application of the owner of the affected land the board extends the expiration date of such permit for an additional period not to exceed one year. Subd. 9. Fee. The fee for a conditional use permit is set by appendix D. Subd. 10. Other remedies. In addition to the procedure set forth in subdivision 7, 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 320 and 115 of this code. (Added, Bill No. 1988 -7) CITY OF R10HRELD PumrnnG commission Infotmation Item: #2 Agenda Section: New Business Information Letter: #10 Date: August 25, 1992 GENERAL INFORMATION Subject: First draft revisions to the 1987 Richfield Zoning Code (Sec. 505 -510) References: See attachement ANALYSIS Issues: Over the past year, staff has been drafting revisions to the zoning code to bring it up to date and clear up discrepancies. Approximately 1/3 of the Code has been reviewed at this time. Staff wishes to introduce the Planning Commission to the first three chapters of the draft revisions to invoke discussion and suggestions. The attachment represents a preliminary format, as staff hopes to format the final document in columns and incoporate several graphic illustrations. Please note that revisions split the first two chapters of the 1987 version into three chapters. Section 505 becomes "purpose & definitions ", new Section 508 becomes "general provisions ", and Section 510 remains entitled "districts ". The underlined text indicates proposed new language and the striked through text indicates language to be eliminated. RECOMMENDATION Recommended Action: Review the attached first draft revisions. Staff invites any comments, questions, or discussion regarding the contents of the attachment. Please note that the attachments are simply for discussion at this point. The Planning Commission will conduct in -depth study sessions as the revisions develop to direct staff and make neccesary changes prior to any formal action. ZONE -LTR. DOC DRAFT RICHFIELD CITY CODE APPENDIX B SECTIONS 505 - 550 ZONING CITY OF RICHFIELD, MINNESOTA DRAFT Richfield City Code (Zoning) Table of Contents ZONING APPENDIX B JO THE RICHFIELD CITY CODE Section 505 Zoning: general- pr-eN-isiom. purpose: definitions. Section 508 Zoning: general provisions. Section 510 Zoning: districts. Section 515 Zoning: resideneetial districts. Section 520 Zoning: commercial districts. Section 525 Zoning: industrial districts. Section 528 Zoning: off - street parking. Section 530 Zoning: planned unit development districts. Section 535 Zoning: group housing developments. Section 538 Zoning: qualified twinhome developments. Section 540 Zoning: exceptions and modifications. Section 545 Zoning: adjustment: appeals: administration, Section 550 Zoning: official map - 77th street_ DRAFT Section 505 - Zoning, purpose: definitions 505.01. Title. Sections 505 to 54-552 are the zoning code of the city. In sections 505 to 54-5550, the zoning code is referred to as "this code ". The city code of ordinances is referred to as "the city code ". 505.03. See Purpose. The purpose of this code is , buildings, the &FffifigeFROW ef WildiRg§ 819d lots "d the deAsity of pepulation in the .to protect and to promote the public health, safety. peace, comfort. convenience. prosperity, and general welfare, and specifically to achieve the following objectives: a) to assist in the implementation of the City Comprehensive Plan: b) to foster a harmonious and workable relationship among land uses: c) to promote the stabilitv and the orderly development of the residential. commercial. industrial, and public areas : d) 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: e) to foster the provision of adequate light, air. space, bulk, and density; f) to promote a safe and effective traffic circulation system: g) to protect and enhance real property values: and h) to safeguard and enhance the appearance of the City; 385.05. iea1j 505.05. General rules. In the interpretation of this zoning 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) The singular number shall include the plural, and the plural the sin lar. c) The word "shall" is mandatory, and the word "may" is permissive. The word "building" includes structures of ever)t-kind, regardless of the similarity to buildines. DRAFT 505.07. Definitions. Subdivision 1. For the purpose of this code the terms defined in this subsection have the meanings given them. Subd. 2. "ApeAmefi!" FROaRS 8 FOOM OF WkO Of FOOffis whieh is designed for-, intended or- eeeupied by one family and equipped with eeeking ffieRities. Subd. 2. "Abutting" - Having a common border with. or being separated from such common border by a right -of -way. easement. or alley. Subd. 3. "Airport: heliport" - Any area of land or water which is used or intended for use for the landing or take -off of aircraft, and any appurtenant areas which are used or intended for use for airport buildings or other airport facilities or right -of -way, including taxiways. aircraft storage and tie down areas, hangers, and other related buildings and open space. Subd. 4. "Alley" - A public or private way permanently reserved as a secondary means of access to abutting_ property,, Subd. 35. "Arterial streets" means and— For the purposes of this code. an arterial street means a street which connects adjacent subregions and activity centers within subregions. The definition includes the following streets and roadways in the city: The Crosstown Highway No. 62); I -35W; 1-494; Minnesota Trunk Highway No. 77; 66th Street between Xerxes Avenue and H-ig#wµay- AIe:-74Standish Avenues: Standish Avenue; 76th Street between Nieel4et- 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. Subd. 4. "Autemobile eamp" means land of premises used of intended f6F eeeepaney by ice- designations. Subd. 0. "Automobile wash" - A building or portion thereof containing mechanical facilities for the washing of motor vehicles for compensation. Subd. 0. "Bed and breakfast inn" - An owner occupied dwelling unit containing no more than three guest rooms where short-term lodging with or without meals, is provided for compensation. Subd. 6Q. "Block" means tThat property abutting on one side of a street and lying between the nearest intersecting or intercepting streets or projected streets and another street, railroad right -of -way or unsubdivided acreage. Subd. 0. "Buffer area" - A landscaped strip of land which separates or protects one land use from another. DRAFT Subd. 74. "Building, accessory" A subordinate structure detached from but located on the same lot as the principal building. the use of which is clearly incidental to the use of the principal building, Subd. 80. "Building, mainprincioal" means =aA building in which is conducted the prneipel ripmart' use of the lot upon which it is situated. Subd. 0. "CaMort" - A roofed automobile shelter open on at least two sides. usually formed by extension of the roof from the side of a building. Subd. 90. "Collector streets" means and For the purposes of this code, a collector street means a street which connects neighborhoods within and between subregions. 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 irard and Cedar Avenues; 12th Avenue between 66th Street and 1-494; Cede& Aye and Bloomington Avenue between 62nd and 66th Streets;_ 66th Street between Highway No. 77 and Standish Ayepue; and Standish A7'i'tL7 Subd. 4900. "Court" means =aAn open, unoccupied space bounded on two or more sides by the exterior walls of a building or buildings on the same lot. Subd. 00. "Director" - The director of Community Development. Subd. 00. "Driveway" - A permanent concrete or bituminous 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 6) a noncontinuous area exclusively set aside or used for the parking and storage of recreational vehicles and equipment, or (ii) parking lots. Subd. 4400. "Dwelling" meadaAny building or portion thereof which is deLj ngd for or used exclusively for residence occupancy, including one - family, two - family and multiple family dwellings, but not including hotels, rest homes. nursing homes, or hospitals. -OF Subd. 4200. "Dwelling, enesin le- family" means =aA residential building designed for or used exclusively for occupancy by one family. Subd. 4300. "Dwelling, two - family" means -e- A residential building designed for or used exclusively for occupancy by two families living independently of each other. Subd. 4400. "Dwelling, multiple - family" means =aA residential building or portion thereof designed for or used for occupancy by three or more families living independently of each other and containing at least three or more dwelling units. DRAFT Subd. 43Q9. "Dwelling unit" mems a dwelling or- penion of a dwelling or- of an Residential accommodation including kitchen facilities, permanently installed, which are arranged, designed, used or intended for use exclusively as quarters for one family and not more Than an aggregate of two roomers or boarders. Subd. 00. "Easement" - The right of a person, governmental agency, or public utility to use public or private land owned by another for specific purpose. Subd. 46QQ. "Family" eQne or more persons Pr-efflises and 1, HORPF6fif housekeeping unif, as distinguished &OIR 0 gFOUP oeeupying a hot4-, elub, > adoption. related by blood, marriage, or adoption. including foster children, or a group of not more than four persons some or all of whom are not related by blood marriage or adoption, living together and maintaining a common household but not including sororities, fraternities, or other similar organizations. Subd. 00. "Floor area" - 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. In particular "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 roof, i.e., bulkheads, water tanks, and cooling towers. Not included in "floor area" are open terraces, open patios, open atriums, open balconies. carports, garages. parking structures. breezeways, tool 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. Subd. 49.QQ. "Floor area ratio" meffigs the sufn total of the gFess floor- area of all fleef-s halls, lobbies, stakways, > WitIFAS, Of balee"ies, eaFpeFts, gafageS, bFeezeways, tool sheds, housing, and basement spaee not used fer- hying . The ratio of gross floor area to gross site area. With respect to planned unit developments only_ the Ggross site area includes the site plus one -half of the area of abutting streets and alleys. Subd. 44;QQ. "Garage, private" meafts aAn accessory building fer- the Sfffage of self r accessory portion of the principal building for the private use of the owner or occupant of the principal building for the storage of motor vehicles with no facilities for mechanical service or repair of a commercial pr public nature. Subd. 49N. "Garages, public" Fneaas -e- A premises; not a private garage, used for the stefge- ercare, DRAFT fair. or refinishing of motor vehicles including both minor and major mechanical overhauling, painting: and body work. Subd. X800. "Height of building" means -t The vertical distance from the average elevation of the lot along the front building line (i) to the highest point of the roof for flat roofs; (ii) to the deck line of mansard roofs; and (iii) to the mean height between the eaves and ridge for gable, hip and gambrel roofs. Subd. 240. "Home occupation" mesas aft- A business activity conducted within a dwelling or building eFlocated upon the parcel of land containing the dwelling, which is clearly incidental and subordinate to the use of the dwelling and does not ehaege- 1 er Ihe exterior of the property or affect the residential character of the dwell iegngighborhood. Subd. 2200. "Hotel /Motel" ffleftffi a btfildiRg OF POF68R theFeef A facility containing six or more guest rooms where lodging is offered to ts+eflt - gaests -motorists or travelers for compensation and which may provide supportive services such as restauran , meeting rooms, and recreational facilities. Subd. 00. "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 street. roofs. sidewalks, parking lots, and other similar structures. Subd. 00. "Issuing authority" - The City Council, or the City Manager or designated representative. Subd. 2300. "Junk yard" means land or building used for the storage or keeping of junk, including scrap metals, or for the dismantling or wrecking of automobiles or other vehicles or machinery other than the storage of materials which is incidental or accessory to a business or industrial use on the same lot. Subd. 00. "Loading berth" - An unobstructed area provided and maintained for the temporary parking of trucks or other motor vehicles for the purpose of loading or unloading goods, materials, and merchandise. Subd. 00. "Lot" - A parcel of land occupied, or intended to be occupied, by a building and its accessory buildings, together with such open spaces as are required, having at least the minimum area required for a lot in the zone in which the lot is located and having its principal frontage on a public street or right -of -way; Subd. 00. "Lot area" - The total horizontal area bounded by the front, side, and rear lot lines, but not including any area occupied by the waters of a duly recorded lake, river, or other body of water. Subd. 2400. "Lot, corner" means -a-- A lot sated- abutting and at the intersection of two or more streets„ 6F bounded on two ef meFe adjaeent sides by stfeet lifies. a. R. A F T Subd. 23(A. "Lot coverage" means f The total ground area covered by structures on a lot excluding unenclosed swimming_ pools. uncovered porches. or ground level landings. Subd. 00. "Lot depth" - The average horizontal distance between the front and rear lot lines. Subd. 26-W. "Lot, interior" moms -a A lot other than a corner lot. Subd. 2,70. "Lot, key" means -t- The first lot to the rear of a corner lot, the front lol line of which is substantially a continuation of the street side lot line of the corner lot, exclusive of the width of any alley, and fronting on the street which intersects or intercepts the street on which the corner lot fronts. Subd. 00. "Lot line" - A line which divides one lot from another or from a street or laley Subd. 00. "Lot line. front" - The lot line abutting the street on an interior lot: or, on a corner lot, the lot line designated by the office of the building official: or on a through lot, the lot line abutting the street providing_ primary access to the lot. Subd. 00. "Lot line. rear" - The lot line which is most distant from and is. or is approximately parallel to the front lot line. Where the rear 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 lone Ivin2 within the lot. connecting the side lot lines and parallel or approximately parallel to e front lot line. Subd. 00. "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 apublic street. Subd. 00. "Lot of record" - A lot whose existence, location, and dimension have been legally recorded or registered in a deed or on aplat. Subd. 00. "Lot. through" - An interior lot abutting _on two or more streets. Subd. 2$00. "Lot width" means -E- The horizontal distance between the two side blot lines, of a- lot -as measured alefig -ALthe €fefit pFOpefty- required building setback line. Subd. 00. "Manufactured home" - A dwelling structure that is transportable in one or more sections and is built on a permanent chassis. Subd. 00. "Motel" - (See Hotel /Motel) Subd. 00. "Nonconforming building" Any building that does not meet the limitations on building size or location on a lot, for the district in which such building is located. or for the use for which such building is utilized. 6 DRAFT Subd. 2900. "Nonconforming use" means a— A use lawfully use of land in e*istanee which does not e0Hf;DFfR 41 eithOF use, height, loeation, OF Site,--,C m 1 with the sgU regulations for its district, but which may have complied with the applicable regulations at the time the use was established. Such use scould be classified as conforming however. if it eeald -be authorized under a conditional use permit Where- leeated. Subd. 300. "Outdoor open space" wA* s -eQpen space improved and located to provide outdoor living area for residents; the term includes lawns and other landscaped areas, walkways, paved terraces and sitting areas, and outdoor recreation areas; outdoor open space areas shall not include driveways, parking areas, or required front or sideyard setback areas. Subd. 00. "Parking lot" - An area not within a building where motor vehicles are stored for the purpose of temporary, daily. or overnight off - street parking. Subd. 00. "Parking, structure" - A structure or portion of a structure 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 aprkinggarage) or either partially or totally above grade with those levels being either open or enclosed. Subd. 00. "Planned unit development" - A development of land that is under unified control and is planned and developed as a whole in a single development operation or a programmed series of development stages. The development may include streets. circulation ways, utilities, buildings, open spaces, and other site features and improvements. Subd. 00. "Oualified twinhome development" - A building containing two dwelling units which are completely_ separate in every way except that they share a common wall with no openings, and where each unit is situated on its own parcel of which at least one abuts an arterial or collector street. Subd. 00. "Restaurant - Class I" - Liquor Service Restaurant: restaurants where food and intoxicating liquors are served and consumed by customers while seated at a counter or table and /or restaurants which provide entertainment. either live or prerecorded. Food sales in such establishments shall account for a minimum of 50 percent of the restaurants gross receipts on an annual basis. Subd. 00. "Restaurant - Class Ii" - Non - intoxicating Liquor Service Restaurant: restaurants where food and non - intoxicating liquors (i.e. 3.2 beer) are served and consumed by customers while seated at a counter or table. Subd. 00. "Restaurant - Class III" - Traditional Restaurant: restaurants where food is served and consumed while seated at a counter or table: Cafeteria Restaurant: restaurants where food is selected by customers while passing, through a service line and taken to a table for consumption. Subd. 00. "Restaurant - Class IV" - Fast food Convenience and Drive -in Restaurant: restaurants where a majority of customers order and are served their food at a counter in packages prepared to leave the premises, or able to be taken to a table, counter. or DRAFT automobile. or off the premises to be consumed: or a drive -in where most customers consume their food in an automobile regardless of how it is served. Subd. 00. "Restaurant - Class V" - 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_ 00. Semi - trailer" - A vehicle of the trailer type so designed and used in conjunction with a truck - tractor that a considerable part of its load rests upon and is carried by the truck- tractor and includes a trailer drawn by a truck - tractor and semi - trailer combination. Subd. 00. "Service station" - Any premises where gasoline and other Petroleum products are sold as the primary use of the property, Light maintenance activities such as engine tune -ups, lubrication. minor repairs, and auto washing may be provided. Service stations shall not include premises where the retail sales space equals or exceeds 25% of the total building area or where the retail sales space equals or exceeds 500 square feet of gross floor area. Service stations shall not include premises where heavy automobile maintenance activities such as engine overhauls, automobile painting. and body fender work are conducted. Subd. 00. "Service station store" - A service station where the retail sales space equals or exceeds 25% of the total building area or where the retail sales space equals or exceeds 500 square feet of gross floor area. Service station stores shall not include premises where heavy automobile maintenance activities such as engine overhauls, automobile painting, and body fender work are conducted. Subd. 00. "Setback" - The minimum horizontal distance required between a building and the related front, side, or rear lot lines, except for those encroachments permitted by section 508. ?? of this code. Subd. 34-00. "Story" fneans -t- That portion of a building included between the surface of my 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 item -above it. Subd. 3200. "Story, half' moms t 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. 3300. "Structure" ffeaa&-a- Anything main beilding of: aeeesser-y building eenstmeted -OF erected, the use of which requires more or less permanent location on the ground or attachment to something having permanent location on the ground. Subd. 3400. "Structural alteration" means a- Any change, other than incidental repairs. in the supporting members of a building such as bearing walls, columns, beams, of girders, or foundation. Subd. 00. "Truck" - For this code only, a motor vehicle which is self - propelled and has a gross vehicle weight of 10,000 pounds or more. used for the transportation of property, DRAFT and does not include recreational vehicles as defined in the City Code. or a school bus as defined by Minnesota Statutes. Section 169.01, Subd. 6. Subd. 00. "Truck- tractor" - A motor vehicles designed and used primarily for drawing other vehicles and not constructed to carry a load other than a part of the weight of the vehicle and load drawn, Subd. 3600. "Use, accessory" means e- A use incidental to. and aeeeSSOFy' to e al use of a lot of: build:Rg leeated n the same lot as. a principle use.-Oeaeeesseft -use- Subd. 00. "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 conditional use may or may not be granted. Subd. 00. "Use, permitted" - A 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. 00. "Use, rnincipal" - 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. Subd. 00. "Variance" - A modification or variation of the literal provisions of this code where it is determined that by reason of special or unusual circumstances unique to th e individual property under consideration, strict application of the code would cause undue or unnecessary hardship, or that strict conformity with the provisions of this code would be unreasonable. and granting of a variance would not interfere with the general oumose and intent of this code. Subd. 3700. "Yard" fneans an uneeeupied and unebwueted An open space on the same lot with a building =. 41n measuring a required yard, the line of a building means a line through the point of a building above grade and nearest to the lot line_;- e*eept that nen` twe feet six inehes- Subd. 3800. "Yard, front" means - a-yafd - An open space on the same lot with the building extending across the €rent- entire width of the lot and situated between the ifinff side yaf:d lines and lying the front line of the lot and the nearest line of the building.-- gFOund !eye! landings or- uneeyeFed per-ehes may emend ifite the required fiefif yafd HO FRer-e thffig ix fee!. Subd. 3M. "Yard, rear " -Fneans - AA yard extending across the full width of the lot and lying between the rear lot line of the- let-and the nearest line of the principal building. DRAFT Subd. 4900. "Yard, required" moms ! The minimum setback imposed by this code. Subd. 4400. "Yard, side" mean -a- A yard I in between the side lQLline of the lot and the nearest line of the building ems - extending €tern- etw en the front ar 4 e-e e and the rear yard, or in the absence of either such front or rear yard. to the front or yard lot lines.: Subd. 00. "Zoning district" - An area or areas of the City for which the regulations under this code governing use. land. and structure are uniform. Subd. 44. The teFms "antenna", " " " " and them by seetioR 425 of the eity eede. r. Y. 0111 WIN -1. an • rafkj Y. LVJALIU r. Yehieles and equipment, or- (ii) pafking Subd. 44. The teFms "antenna", " " " " and them by seetioR 425 of the eity eede. r. Y. 0111 WIN -1. an • rafkj Y. LVJALIU r. OMAN• 10 LVJALIU r. 10 D DRAFT Section 508 - Zoning: 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 promotion of the public health, safety, morals. aesthetics and welfare. Subd. 2. More restrictive provision to apply. Where the conditions imposed by any provision of this code are either more restrictive or less restrictive than comparable conditions imposed by any other law. ordinance. statute. resolution, or regulation of any kind, the regulations which are more restrictive or impose higher standards or requirements shall govern. Subd. 3. Conformance required. Except as in this code specifically provided. no structure shall be erected. converted, enlarged, reconstructed, or 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. Rules of construction, This code shall be interpreted in accordance with the rules of construction set forth in section 400 of the city code. No building permit shall be issued until the review required by section 400 of the city code has been completed. Subd. 5. Terms not defined. Terms not defined in this code have the meanings given to them in the city code. Subd. 6. Measured distances. Measured distances expressed in feet are to the nearest one -tenth of a foot. In event of conflicting provisions, the more restrictive provision shall W-1 Y-- Subd. 0. Yard computations. In computing yard dimensions, measurements shall be taken from the nearest wall of the structure to the related front. side or rear lot line. Subd. 0. 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. Subd. 0. This code not to be deemed consent or license. Nothing contained in this code shall be deemed to be consent, license or permit to use any property, or to locate, construct or maintain any building structure or facility, or to carry on any trade. industry, occupation or activity, 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 iudgment shall not affect any other provisions of this code not specifically included in said judgment. 12 DRAFT 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. 5. Uses not listed. When the arovosed use of any building, structure, Dr_memises 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 classification, the director shall refer the matter to the council for an appropriate classification or the granting of a conditional use permit as provided in Section 545. 508.07. Lot provisions. Subdivision 1. Grandfather. A lot of record as of January 1 1992 located in the R- residence district which does not meet the minimum requirements set forth in this code as to area and dimensions. may be used for a single family dwelling provided that the width of such lot is not less than 40 feet and said lot contains at least 5.000 square feet. Subd. 2. One building. Except in the case of planned unit developments, only one principal building may be located on a lot. Subd. 0. Frontage requirements. Except in a planned unit development, all lots shall have frontage on a public street. Subd. 0. Throueh lots. On a through lot, both street lines shall be considered front lot lines. Subd. 0. Front yards. A front arydmaynotcontainanybuildingorotherstructure except fencing, ornamental outdoor furniture, uncovered parking areas, permitted signage, landscaping, and those structures approved by the Building Official. 508.00. Permitted encroachments in setback areas. The following shall not be considered as encroachments on yard setback requirements: a) Principal building cornices, canopies, chimneys, steps and eaves may project a maximum of 30 inches into a required yard, however, in no event shall principle building cornices, canopies, chimneys, steps or eaves be closer than 24 inches from any lot line. b) Principal building entry vestibules may project a maximum of six feet into a required front yard and shall be no more than eight feet in width nor more than one story m hei h . c) Ground level landings and uncovered porches attached to the principal building may project a maximum of six feet into a required front or rear yard provided they do not exceed 30 inches in height. d) Ground level landings and uncovered porches attached to the principal building may project a maximum of three feet into the required sideyard, provided they do not exceed 30 inches in height, and in no event shall be closer than four feet from the side lot line. 13 DRAFT e) In the R and R -1 districts, fully or partially below grade window wells may project a maximum of 30 inches into a required yard, however, in no event shall they be closer than 30 inches from any lot line. fl In the R and R -1 districts, windows or window units may project a maximum of 30 inches into a required front yard, streetside side yard, or rear yard provided the floor area of the dwelling is not increased. 508.00. Residential conversions. Notwithstanding any other provisions of this code, a single - family dwelling structure located in a C -1, C -2, or I district may not be converted into or used as a two - family dwelling or multi - family dwelling unless the owner thereof has first obtained a conditional use permit for the conversion. 508.00. Nonconforming uses and structures. Subdivision 1. Purvoses. This subsection is intended to limit the number and extent of non - conforming uses by prohibiting their enlargement, their re- establishment after abandonment, and the alteration or restoration after the destruction of the structures they occupy. Eventually, certain classes of non - conforming uses, and non - conforming structures of nominal value. are to be eliminated or altered to conform. Subd. 2. Continuance. A use, building, or structure lawfully existine as of the date which it was rendered nonconforming by this code or any previous zoning ordinance of the city or its corporate predecessor may be continued even through such use, building, or structure does not conform with the provisions of this code for the district in which it is located, with the exceptions and restrictions provided in this code. Subd. 2. Enlargement. Unless required by law, an existing building or premises devoted to a use not permitted by this code in the district in which the building or premises is located may not be enlarged, extended, reconstructed, substituted, or structurally altered unless the use thereof is changed to a use permitted in the zoning district in which it is located. Subd. 3. Extended. A nonconforming use may not be extended to occupy a greater area of land or moved to another part of the parcel on which it is located. Subd. 4. Expansion. A nonconforming structure may be expanded if the expansion meets all applicable city ordinance requirements. Subd. 5. Existing structure. A nonconforming usese may be extended throughout an existing building if no structural alterations in the building are made. Subd. 6. Abandonment. If a nonconforming_ use ceases for a period of one year, any subsequent use of the land or building shall be in conformance with this code. Subd. 7. Abandonment: land. If a nonconforming use of land on which there is no substantial building is discontinued for anv period of time, anv subsequent use of the land shall be in conformity with this code. Subd. 8. Damage or destruction. If at any time a nonconforming building or structure is damaged by fire, earthquake, wind, water, explosion, riot, war, or act of God to the extent 14 DRAFT of more than 50 nercent of its then market value at the time of the damage, then with further action by the council, the building and the land on which the building was located shall from and after the date of the damage conform to all regulations of this code except that any lawful non - conforming_ single- family residential use which existed on May 9. 1968 may be reconstructed if it is damaged or destroyed by fire, explosion, or an act of God, provided that the degree of non - conformity is not increased. The determination of the extent of the damage and the fair market value of the building or structure shallbe made by the City Council, Subd. 9. Junk yards. Notwithstanding any other provision of this code, a junk yard existing as a nonconforming use in a residential or commercial zoning district may not be continued unless in a commercial zoning district, the junk yard is 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. 10. Safety. Nothing in this subsection shall be construed to prevent the strengthening or restoring to a safe condition of any part of any building or structure declared unsafe by the proper authority. provided the necessary repair shall not constitute more than 50 percent of fair market value of such structure after such repair. 508.11. 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 beginning". 508.00. 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. 508.13. Outdoor advertising displays. For purposes of this code, outdoor advertising shall be classified as a business and shall be permitted in C -2, PC -2. I, or PI zoning districts, subject to the regulations in Section 416.09 of the City Code.. 508.15. Off- street parking and loading requirements. Subdivision 1. Off - street parking and loading. In all districts aQrkingspacesforparkingandstorageofvehiclesshallbeprovidedin accordance with sections 800.17 and 1320 of the city code or other applicable provisions of this code. In a commercial or industrial zoning district, spaces for off - street loading and unloading shall be provided. Subd. 2. Location of driveways: all districts. Off - street parking and loading requirements as to the location of driveways shall be'observed, whether set forth in this section or in other city codes or regulations. and no use of property permitted unless such use is in conformity with such requirements 15 DRlaFT 508.17. Multiple residence project walls. Notwithstanding the provisions of this code relating to the location of accessory structures and the observance of setback requirements. a masonry wall or pylon bearing the name of the project and which includes a bench for public convenience, may be located in the front yard of any multiple resident project, but only upon securing a conditional use permit as provided by this section. No such conditional use permit shall be granted unless the requirements of subsection 545.09 are met and unless the wall or pylon will conform to the following conditions: a) It shall not be located in such a way as to obscure or obstruct visibility for vehicles on any adjacent street or vehicles entering or leaving the project or any adjacent property. b) It shall not be located closer than 10 feet from the public right -of -way. c) It shall be of materials compatible with the project involved. d) It shall bear only the name of the project and no other advertising material. e) It shall include a bench as an integral part of its design. f) It shall be adequately lighted at night to discourage its use for lurking or concealment% and lights shall be provided for the wall or pylon itself if other lighting in the area is inadequate for this purpose. g) It shall not exceed seven feet in height. h) Its length shall not be such as will be disproportionate to other buildings and structures in the area and in no event more than 30 feet or 5%. whichever is less, of the width of the property on which the project is located. on the side on which the wall or pylon is located, 508.00 Underground utilities. All electrical and telephone utility service lines from existing or new distribution systems to any new multiple family dwelling- commercial. or industrial building shall be installed underground. 8.00. _Exterior treatment of buildings. _Subdivision 1. Consistent quality. All new buildings or major reconstruction of existing building 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 roof surfaces. 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 public view. Subd. 2. Wall surfaces. The primary exterior wall surface of any new dwelling with seven or more residential units, commercial, or industrial building shall be brick, 1Q, ass, or stone treated concrete panels. Decorative block. wood. or other materials of a permanent nature with good architectural design and appeal may be acceptable if incorporated into a building design that is compatible with other development throughout the district. No building exterior shall be constructed of materials which are prohibited by section 400 of the city code. ode. 16 DRAFT 508.00 Screening mechanical equipment. Any mechanical equipment or ductwork located on the roof, exterior wall or grounds adjacent to any structure. other than a single family dwelling or its accessory buildings. shall be enclosed in a screening enclosure. Such enclosure shall be designed to provide a safety shield around such equipment and ductwork and shall conceal it from public view and from view from nearby_ premises. Such enclosure shall be architecturally harmonious with the structure involved. Plans for such enclosure shall be included with construction plans. The requirements of this subdivision shall not be applicable to window air conditioners or to stacks. 508.00. Home occupations. Subdivision 1. Compliance. A home occupation may b established and conducted only in accordance with this subsection. Subd. 2. Purpose. The purpose of this subsection is to protect the residential property owner without hindering the property rights of neighbors or causing self - induced harm. Subd. 3. Subordinate use. Only one home occupation shall be permitted per dwelling unit, and not more than 30% of the floor area of one floor of a dwelling or other building located upon the parcel of land containing the dwelling, to a maximum of 300 square feet, shall be used in the conduct of a home occupation. Subd. 4. Activities, A home occupation must be conducted in such a manner that activities connected with it are not noticeable from adjacent streets or residence lots. and except as permitted in subdivision 5. do not draw attention to the home occupation. Subd. 5. Advertising A single nameplate, not exceeding two square feet in area stating the name of the person conducting the home occupation and its general nature 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 or device may be used to invite attention to the home occupation. Subd. 6. 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 provided that the parking of such vehicles are not otherwise prohibited by subsection 1320 of the city code. Subd. 7. Retail sales. Continuous retail sales of products fabricated off the premises are prohibited. Occasional sales of products or other articles at retail 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. Subd. 8. Parking, structural changes, lighting. 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 pgking spaces for the occupants and visitors 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, 17 DRAFT Subd. 9. Specific activities prohibited. The repair of motor vehicles. whether for consideration or not, which are not registered to a resident of the dwelling on the property where the repair is made. or to a son or daughter, brother or sister. mother or father, or grandparent of a resident of the property shall not be allowed. Subd. 10. 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. 11. Nonresident employee. One person in addition to the Persons occupying the dwelling may be employed by the home occupation on the premises, but only upon th e granting of a conditional use permit therefore if the council finds that the proposed additional employment is consistent with the purposes of subsection 545.09 and will comply with this subsection. Subd. 12. 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. 13. 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. Subd. 14. Accessibility for handicapped persons. All home occupations which require licensing by the state shall provide access for handicapped persons as per MS... 508.00. Fences, walls, and hedges. Subdivision 1. Qeneral rule. A fence, wall, or hedge may occupy that part of a required except as provided in this subsection. Subd. 2. Hedge defined. The term "hedge" as used in this subsection does not include trees. Subd. 3. Height. No fence, wall, or hedge more than four feet in height shall be constructed or permitted forward of the front line of the principal building, extended to the side lot lines. On a corner lot adjacent to a key lot, a fence, wall, or hedge may not exceed four feet in height within a triangular area located within 30 feet of the point where the extended sttreetside side lot line of the corner lot meets the front lot line of the key lot. No fence or wall more than six feet in height shall be constructed or permitted elsewhere on the lot. In C -2, PC -2. I, and PI districts only, the maximum fence and wall height shall be eight feet. A building_ permit shall be required for fences and walls over six feet in height. Subd. 4. Corner lots. Fences, walls, and hedges located on any corner lot are subject to the requirements described in subsection 508.11. Subd. 5. Setback from right- of -way. Fences. walls. and hedges abutting on the public right -of - -way shall be setback 36 inches from the public right -of -way except that walls. fences, and hedges abutting on any noncollector or nonarterial street right -of -way may be exempted from this setback requirement when in the opinion of the issuing authority, such exemption does not conflict with city sidewalk policy nor create sidewalk snow storage problems, and in 18 DRAFT the case of a collector or arterial street, the issuing authority may likewise grant exemption from this setback requirement when there exists at least 36 inches for snow storage. Subd. 6, Prohibitions. Barbed wire. chicken wire, electric wire, and welded wire fences are prohibited in X11 districts. Fences shall not be constructed from twigs branches. doors, siding. or other materials originally intended for other purposes. Subd. 0. Chain link. Chain link fences shall have a top rail and the barbed ends shall be toward the ground. Subd. 0. Posts. Posts and stringers on any fence located on 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 spaces at intervals not to exceed eight feet. Subd. 0. 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. 0. Required screening. Any fence or wall required as a screening, device shall be of solid materials which completely screen the operation requiring the screening from any abutting properties. Subd. 00. Swimming pool enclosure. All outdoor swimming pools shall be entirely enclosed by a protective fence or other non - climbable permanent structure not less than four feet in height. Such protective enclosure shall be maintained by a self - closing locked gate when the pool is not tended by a qualified and responsible person. The latching mechanism on the gate must be at least 40 inches from the rgound. Subd. 00. 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 abutting properties or right of way. Subd. 00. Certain structures. Waller fences_ and hedges legally existing on March 20. 1982. may continue to exist and to be repaired and maintained. 19 r A FT 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. theme city is hereby divided into the following zoning as"istricts: R MR MR MR MR G4 C-2 3 lE 1 Residential distr-ie! , r s , MR 2 and MR 3 C1z -2-and G 3 RESIDENTIAL DISTRICTS DISTRICT TITLE ABBREVIATION Single Family_ Residential R Low Density Single Family Residential R -1 Two Family Residen ial MR-1 Multi-Family Residenti 1 MR -2 High Density Multi-Family Residential MR -3 WAAM-111 COMMERCIAL DISTRICTS DISTRICT TITLE ABBREVIATION Nei hborhood Business C -1 General Commercial C -2 Hijzh Density Commercial C- INDUSTRIAL DISTRICTS PLANNED UNIT DEVELOPMENT DISTRICTS DISTRICT TITLE ABBREVIATION Planned Residential PR Planned Two Family Residential PMR -1 Planned Multi-Famil y Residential PMR Planned Neighborhood Commercial PC -1 Planned General Commercial PC -2 Planned Industrial PI Subd. 32. District $boundaries. The location and boundaries of the zoning districts established in this code are set forth in the following locations: a) on the zoning maps. Plates 1 through 15 together with the index map, which are incorporated as apart of this code and inserted after Section 550. The mks reproduced herein are subject to change and are intended for informational purposes only. b) on the official zoning maps entitled "Zoning Maps of the City of Richfield" and in Appendix I to this code, which delineates the legal description of the land in each zoning district. Both the official zoning maps and Appendix I are on file and open to public inspection during regular city office hours in the office of Community Development. In case of a discrepancy between the official map and Appendix I, Appendix I will prevail. Mrw. mm DFRAFT Subd. 6. Abandwiment. if a Reneeflf@FfHiRg use eeffies fOF a period of two yeafs, any subsequent use of the land OF bUildiRg, of either- of them as the ease may be shall be eenfemanee with this eede-. M, ME M- m OPT mmn Subd. 6. Abandwiment. if a Reneeflf@FfHiRg use eeffies fOF a period of two yeafs, any subsequent use of the land OF bUildiRg, of either- of them as the ease may be shall be eenfemanee with this eede-. M, ME M- m Subd. 6. Abandwiment. if a Reneeflf@FfHiRg use eeffies fOF a period of two yeafs, any subsequent use of the land OF bUildiRg, of either- of them as the ease may be shall be eenfemanee with this eede-. M, ME M- m MmUmm"MR.M.Mm" M. FRWIPPIRM F.-IMMIN W" a E. MIRWRIMON"'M No i "two UKA 1 I ar Bur. n:r sr. r3frF.TTwrTff"Wl NO. .111r. IMCM11,111"g. Millffrffmr. V:4119 mLLLL:m ZLSM ar Bur. n:r sr. r3frF.TTwrTff"Wl NO. .111r. IMCM11,111"g. Millffrffmr. V:4119 mLLLL:m ZLSM AIILL17A DRAFT im nwg i m rMINCY" m "M lTr.w EFTWITM On6±6Mjjj. oeeupation must eoRdueted it fFefn stieh a mameF thfit lots, oetiyities eenneeted with &Fe not fietiemble adiaeent sowts or- FOSideflee and EM.M. he heffle OeetipatiOR. unv.,w IM I. rww.r mm. ".0n, WT M "I"" I W. . P. Wsrm".rwf Wffm—mm- mm"rm-W.-W.9.'" mr7,3."-- TMI M r Mr.. Em .............. Subd. 2. A heme be On6±6Mjjj. oeeupation must eoRdueted it fFefn stieh a mameF thfit lots, oetiyities eenneeted with &Fe not fietiemble adiaeent sowts or- FOSideflee and efteept 05 PeFfflit4ed iH sttbdiyision 3, do not dFaw an;-mWA-R.. $.A- he heffle OeetipatiOR. r No. aRArr Sr.r. . MA.r.T"-PP W. plow. DP,,,,AF-T I F.-ORTM m