HomeMy WebLinkAboutPCAgenda_03Sep23. City of Falcon Heights
Planning Commission
• City Hall
2077 W. Larpenteur Avenue
Tuesday, September 23, 2003
7:00 p.m.
AGENDA
A. CALL TO ORDER: 7 p.m.
B. ROLL CALL: Tracy_
Maher_
Ziebarth
City Adr
C. APPROVAL OF MINUTES:
_Lukermann Harris Lageson
-Heideman DeLeo Ryan
Council Liaison Lindstrom
ninistrator Worthington Staff Liaison Jones
May 27, 2003
D. INFORMATION AND ANNOUNCEMENTS
E. ADJOURN TO WORKSHOP
F. WORKSHOP: Falcon Heights City Code, Chapter 9, Sections 1 - 7
Planning Commission agenda 092303.doc
•
MEMORANDUM
To: Members of the Planning Commission
CC: Heather Worthington, City Administrator;
Peter Lindstrom, Council Liaison
From: Deb Jones, Staff Liaison
Subject: Planning Commission Meeting on September 23
Date: September 19, 2003
I hope you have all had a fine summer and enjoyed your well-earned break from the
Planning Commission! It's time to gear up again. The commission will meet on the
regularly scheduled date of September 23, next week. Please let the Staff know if you are
not able to attend. The agenda is enclosed.
As of today, the only official business for the Commission is approval of the May 27
minutes, which were mailed to you all in July. If you need another copy, please contact
me. I will also try to place it on the Planning Commission website, which I hope to
update by Tuesday. (http://www.ci.falcon-heights.mn.us/plancom~
The bulk of the material in your packet concerns a project that is likely to take several
months. The City Administrator has directed me to ask the help of the Planning
Commission in reviewing the zoning portions of the Code in preparation for revision.
There is more detailed information in a separate memo with the 3-ring binder in this
packet.
At Heather's suggestion, we will be using a workshop format for this process, at least for
now. The workshop will be off camera, and we'll aim to adjourn the workshop no later
than 8:30 p.m.
Until Tuesday evening...
City of Falcon Heights
MEMORANDUM
To: Members of the Planning Commission
CC: Heather Worthington, City Administrator; Peter Lindstrom, Council Liaison
From: Deb Jones, Staff Liaison
Subject: Zoning Code Review
Date: September 19, 2003
The City Administrator has directed me to ask the help of the Planning Commission in
reviewing the zoning portions of the Code in preparation for revision. The City Code was
last wholly revised in 1989 and has been amended many times since. Inconsistencies have
crept in, and the community has evolved in the last fourteen years - as you all realized when
we worked through the lot coverage issue last year. Also, the text files that are the official
record of the Code were generated by very old word processing software and have never
been satisfactorily converted to present-day form. Formatting is inconsistent, bits and pieces
tend to fall off pages, and we are unable to take advantage of modern indexing, tracking and
access technologies. The Code is overdue for a thorough going-over, and, with the
approaching upgrade of the City computer network, this is an opportune time.
At Heather's suggestion we will use a workshop process for this, outside of the official
agenda and off camera. We'll begin Tuesday evening by going over the first few sections of
Chapter 9 (the zoning chapter). Sections 1 through 7 are enclosed, along with several new
ordinances that have not yet been incorporated into the official text file (awaiting the network
upgrade). You may already have a printed copy of this material, but I am giving you a new
one for workshop use in this packet for workshop use. Feel free to mark it up, place sticky
notes, etc.
Please read at least Sections 1 and 2 over carefully, and make note of any of the following:
• Inconsistencies from one section to another
• Questions about background, intent, etc.
• Areas that are vague or unenforceable
• Any other areas of concern
• Missing lines or words, typographical errors -but don't worry too much about
formatting problems; your priorities are the content and language.
In the workshop we will collate everybody's comments and begin to formalist of points that
need some work. I see this as an informal process. I don't know how far we'll get in one
meeting, but our progress Tuesday will give Heather and me an idea of how long it will take
the Commission to review all of Chapter 9.
As always, do not hesitate to call me at City Hall, 651-644-5050, if you have any questions
or if you need any additional materials or information.
CITY OF FALCON HEIGHTS
RAMSEY COUNTY, MINNESOTA
ORDINANCE NO. 03-01
AN ORDINANCE AMENDING CHAPTER 9 OF THE
FALCON HEIGHTS CITY CODE, THE ZONING ORDINANCE,
CONCERNING LIMITATIONS ON IMPERVIOUS SURFACES
THE CITY COUNCIL OF THE CITY OF FALCON HEIGHTS ORDAINS:
SECTION 1. Section 9-2.05, subd. 2d of the Falcon Heights City Code is
amended to read:
In no event shall off street parking, structures of any type, buildings, or any impervious
surfaces cover more than seventy-five percent (75%) of the lot areas, except for R-1 zoned
land which is regulated by the Schedule below:
Lot Area (s.f.) 7370 or less Over 7370 to Over 15800 to
15800 34000
Maxirrium 45% 3320 s.f. or 30%, 4940 s.f. or 20%
Impervious Lot
whichever is ,
whichever is
Coverage greater greater
Over
6800 s.f. or 15%,
whichever is
SECTION 2. This ordinance shall be effective immediately upon its passage and
publication.
ADOPTED this 22"d day of January, 2003, by the City Council of the City of
Falcon Heights.
ATTEST:
~~~~~~~~r:.~'~
'Heather Worthington, City AElministrator
i
CITY OF FALCON HEIGHTS
BY: _ ~ ~- '
Susan Gehrz, Mayor
• CITY OF FALCON HEIGHTS
RAMSEY COUNTY, MINNESOTA
ORDINANCE NO.03-02
AN ORDINANCE AMENDING CHAPTER 9 OF THE
FALCON HEIGHTS CITY CODE, THE ZONING ORDINANCE,
CONCERNING FARMER'S MARKETS
THE CITY COUNCIL OF FALCON HEIGHTS ORDAINS:
SECTION 1. Section 9-1.02, Subd. 2 of the Falcon Heights City Code is amended by adding the following
definition:
FARMER'S MARKET: An open air public market at which vendors sell farm products directly
to consumers.
SECTION 2. Section 9-15 of the Falcon Heights City Code is amended to add Section 9-15.08 to provide:
• 9-15.08 INTERIM USE PERMITS.
Subdivision 1. Purpose and Intent: The purpose and intent of allowing interim uses is:
a. To allow a use for a temporary period of time until a permanent location is obtained or while the
permanent location is under construction.
b. To allow a use that is presently judged acceptable by the City Council, but that with anticipated
development or redevelopment, will not be acceptable in the future or will be replaced in the future by a
permitted or conditional use allowed within the respective district.
c. To allow a use which is reflective of anticipated long-range change to an area and which is in
compliance with the Comprehensive Plan provided that said use maintains harmony and compatibility
with surrounding uses and is in keeping with the architectural character and design standards of existing
uses and development.
Subdivision 2. Procedure: Uses defined as "interim uses" shall be processed according to the standards and
procedures for a conditional use permit as established by Section 9-15.04 of this Chapter.
Subdivision 3. General Standards: An interim use shall comply with the following:
a. Meet the standards of a conditional use permit set forth in subsection 9-15.04 of this Chapter, except that
screening and landscaping shall not be required unless specifically enumerated as a condition in the
permit.
b. Conform to the applicable general performance standards of Section 9-14.01 of this Chapter, except that
screening and landscaping shall not be required unless specifically enumerated as a condition in the
permit.
c. The use is allowed as an interim use in the respective zoning district.
103844.03
RNK:r01/28/2003 1
•
d. The date or event that will terminate the use can be identified with certainty.
e. The use will not impose additional unreasonable costs on the public.
f. The user agrees to any conditions that the City Council deems appropriate for permission of the use.
Subdivision 4. Termination: An interim use shall terminate on the happening of any of the following events,
whichever occurs first:
a. The date or event stated in the permit.
Upon violation of conditions under which the permit was issued.
Upon change in the City's zoning regulations which renders the use nonconforming.
SECTION 3. Section 9-9.01 of the Falcon Heights City Code is amended to add Subdivision 7 to provide:
Subdivision 7. Interim Uses: The following uses are allowed subject to the issuance of an interim use permit:
a. Farmer's markets that meet the following criteria:
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1) Operate no more than one day per week
2) Site includes not less than 284 parking spaces for customers of the market
3) Market may not operate before 6:30 a.m. or after 8:00 p.m.
4) Permittee must name a managing agent who is responsible for the conduct of the vendors in
compliance with the conditions of the Interim Use Permit.
5) The requirements of 9-9.01 Subdivision 5 Subparagraphs C and D shall not apply.
SECTION 4. This ordinance shall be effective immediately upon its passage and publication.
ADOPTED this 12"' day of February, 2003, by the City Council of Falcon Heights, Minnesota.
ATTES
`~
Heather Worthington, City Admini ator/Clerk
103844.03
RNIC:r01/28/2003
CITY OF FALCON HEIGHTS
BY: ~ _
Susan L. Gehrz, Mayor
2
•
CITY OF FALCON HEIGHTS
RAMSEY COUNTY, MINNESOTA
ORDINANCE N0.03-04
AN ORDINANCE AMENDING CHAPTER 9 OF THE
FALCON HEIGHTS CITY CODE, THE ZONING ORDINANCE,
REZONING PROPERTY TO PLANNED iJNIT DEVELOPMENT
THE CITY COUNCIL OF FALCON HEIGHTS ORDAINS:
SECTION 1. Chapter 9 of the Falcon Heights City Code is amended to rezone to Planned
Unit Development the property described on the attached Exhibit "A" located within the City of
Falcon Heights, Minnesota.
SECTION 2. Zoning Regulations. The allowed uses and performance standards for the
above described property are:
• The uses allowed in the B-3, Snellin and L enteur
g arp Community Business Distnct, subject to
the B-3 standards and requirements of B-3 District, except that the building height and yard
requirements shall not apply.
• Attached multi-family dwelling units.
• Senior housing.
• PUD general plan and site plan on file with the City Clerk.
• PUD landscape plan on file with the City Clerk.
SECTION 3. The zoning map of the City of Falcon Heights referred to and described in
Chapter 9 shall not be republished to show the aforesaid rezoning, but the zoning map on file in the
City Clerk's office shall be appropriately marked for the purpose of indicating the rezoning
provided for in this ordinance.
SECTION 4. Effective Date. This ordinance shall be effective immediately upon its
passage and publication according to law.
ORDINANCE N0.03-04 (continued)
•
-2-
ADOPTED this 14 day of May, 2003, by the City Council of Falcon Heights, Minnesota.
CITY OF FALCON HEIGHTS`~ /~
Susan L. Gehrz, Mayor
ATTEST:
~~ ~ ~~ ~~
Heather M. Worthington, City 'strator/Clerk
LJ
ORDINANCE N0.03-04 continued) _3_
•
EXIiIBIT "A"
Legal Description of Property
PARCEL 1 - Tracts A through K, Registered Land Survey No. 94. (Torrens Property)
PARCEL 2 -Tract A, except the North 38.33 feet of the West 70 feet thereof and except the
South 51.67 feet of the North 90 feet of the West 73 feet of Tract A, Registered
Land Survey No. 2. (Torrens Property)
PARCEL 3 -The West 506.5 feet except the West 426.5 feet of the South 150 feet of the
North 359.5 feet of the Northwest Quarter of Section 22, Township 29, Range 23,
except public streets and highways. (Torrens Property)
PARCEL 5 -Tract A, Registered Land Survey No. 73, Ramsey County, Minnesota.
(Torrens Property)
PARCEL 6 -That part of the Westerly 159.5 feet, except the North 49.5 feet thereof, of the
Northwest Quarter of the Northwest Quarter of Section 22, Township 29 North,
Range 23 West, Ramsey County, Minnesota, lying Northerly of the Westerly
extension of the Southerly Iine of Tract A, Registered Land Survey Number 2;
Which lies Easterly of Line 1 described below:
Line 1. Commencing at the Northwest corner of said Section 22; thence run
Easterly along the North line thereof on an azimuth of 88 degrees 48 minutes 49
seconds for 159.53 feet; thence on an azimuth of 179 degrees 53 minutes 31 seconds
for 89.90 feet to the point of beginning of Line 1 to be described; thence on an
azimuth of 269 degrees 53 minutes 31 seconds for 39.50 feet; thence on an azimuth
of 179 degrees, 53 minutes 31 seconds for 550.59 feet and there terminating.
(Torrens Property)
•
9-1.01
CHAPTER 9. PLANNING AND DEVELOPMENT
• PART 1. PURPOSE, INTERIM RULES AND DEFINITIONS
9-1.01 Purposes and Intent
Subdivision 1. The purpose and intent of this Chapter is to:
a. Protect and promote the health, safety, comfort, convenience and general
welfare of the people who are citizens of, reside in, transact business in or own
property in the City of Falcon Heights;
b. Divide the City into zones and districts to restrict and regulate therein the
location, construction, reconstruction, alteration and improvements of land and
structures and thereon;
c. Promote the orderly development of the residential, business, industrial,
recreational, and public uses;
d. Provide adequate light, air, and convenience of access to property;
e. Limit congestion in the public rights-of--way;
• f. Prevent overcrowding of land and undue concentration of structures by
regulating the use of land and buildings and the bulk of buildings in relation to the
land and buildings surrounding them;
g. Provide for the compatibility of different land uses and the most appropriate
use of land throughout the City;
h. Stage development and redevelopment to coincide with the availability of
necessary public services;
i. Protect the character and maintain the stability of residential, business, and
commercial and industrial areas within the city, and prohibit uses, buildings, or
structures which are incompatible with the character of development in such
areas;
j. Provide adequate privacy
k. Provide protection against fire, explosions, obnoxious fumes, and other
hazards in the interest of public health, safety and comfort;
1. Prevent environmental pollution;
. m. Prevent the destruction or improvident exploitation of community resources;
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• n. Preserve the value of land and buildings throughout the City;
o. Provide for the gradual elimination of those uses of land, buildings, structures,
and improvements, and of those buildings, structures and improvements, which do
not conform to the standards for the areas in which they are located and which
may adversely affect the development and the value of property in such areas;
p. Provide for the regulation and control of such non-conforming buildings,
structures, or improvements and uses of land as is necessary or appropriate for the
rehabilitation of the areas blighted thereby;
q. Provide for the enforcement of this Chapter, to define and limit the powers and
duties of the administrative officers and agencies responsible therefore, and to
provide penalties for the violation of the provisions herein contained;
r. Provide for the wise use and conservation of energy resources; and
s. Assist in the implementation of the Comprehensive City Plan.
9-1.02 Rules and Definitions
Subdivision 1. Rules.
• a. Meanings of words and hrases. The words and hrases used in this Cha ter
p p
shall be construed in their plain, ordinary and usual sense, provided that technical
words and phrases having a peculiar and appropriate meaning in law shall be
construed in accordance with their technical import.
b. Gender. Unless the context clearly requires otherwise, the use of either
masculine, feminine, or neuter gender shall include the other genders.
c. Singular or Plural. Unless the context clearly requires otherwise, the use of
either singular or plural shall include the other.
d. Tense. Unless the context clearly requires otherwise, the use of either past,
present or future tense shall include the other tenses.
e. Joint authority. Words importing joint authority to three or more persons shall
be construed as authority to a majority of such persons.
f. Persons. The word "persons" shall include corporations.
g. Computation of time. The time within which an act shall be done shall be
computed by excluding the first and including the last day. If the last day is a
Saturday, Sunday or a legal holiday as defined in Minnesota Statutes, such day
shall be excluded.
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h. Deputies, Agents, Officers. Whenever this Chapter requires an act to be done,
which act may legally be done by a deputy, agent, or officer, as well as by the
• principal, such requirements shall be satisfied by the performance of such act by
an authorized deputy, agent or officer. An employee authorized by his employer
to act shall be deemed an agent for the purposes of this provision.
i. Conjunctions. The words "or" and "and" may be read interchangeably in
situations where the context requires it.
j. Minnesota Law to Govern. In the event that this Ordinance conflicts with
Minnesota statute or case law, the provisions of the law shall govern. The rules of
construction established by Minnesota law shall govern the construction of this
Chapter.
k. No Consent or Permit Im lied Nothing contained in this Chapter shall be
deemed to be a consent, license or permit to use any property or to locate,
construct or maintain any building, structure, facility, improvement or to carry on
any trade, industry, occupation or activity.
1. Provisions cumulative. Except as herein provided, the provisions of this
Chapter are cumulative, both with respect to the provisions herein contained and
with respect to other laws and ordinances, not in effect or hereafter ordained or
enacted, governing the same subject matters as this Chapter. It is noted, however,
that the land use districts are mutually exclusive in that uses permitted include
. only those listed and are not cumulative from district to district. Land uses not
listed as permitted are prohibited.
m. Shall: Will. The word "shall" is mandatory and not permissive; the word
"may" is permissive.
Subdivision 2. Definitions.
1. Accessorv Building- A subordinate building, or a portion of the main building,
which is located on the same lot as the main building and the purpose of which is
clearly incidental to that of the principal building.
2. Accessorv Use. A use incidental or subordinate to the principal use of the
same land.
3. Administrator. The Zoning Administrator of the City of Falcon Heights.
4. Adult Uses. Defined but not allowed in an district. Includes the followin
a) Adults-only bookstore: An establishment having as a substantial or
significant portion of its stock in trade, books, magazines, films for sale or
viewing on premises by use of motion picture devices or other coin
operated means, and other periodicals which are distinguished or
characterized by their principal emphasis on matters depicting, describing
3
or relating to nudity, sexual conduct, sexual excitement or sadomasochistic
abuse, as defined below, or an establishment with a segment or section
devoted to the sale or display of such material, for sale to patrons therein.
• b. Adults-only motion picture theater: An enclosed building used
regularly and routinely for presenting programs, material distinguished or
characterized by an emphasis on matter depicting, describing or relating to
nudity, sexual conduct, sexual excitement or sadomasochistic abuse, as
defined below, for observation by patrons therein.
c) Massage ap rlor: An establishment or place primarily in the business of
providing massage services but not a therapeutic massage enterprise as
defined in this code.
d) Rap parlor: An establishment or place primarily in the business of
providing nonprofessional conversation or similar services for adults.
e) Sauna: An establishment or place primarily in the business of providing
(i) a steam bath and (ii) massage services.
f) Adult entertainment center: An enclosed building or a part of an
enclosed building, no portion of which enclosed building is licensed to sell
liquor, which contains one or more coin-operated mechanisms which when
activated permit a customer to view a live person unclothed or in such
attire, costume or clothing as to expose to view any portion of the female
® breast below the top of the areola, or any portion of the pubic hair, anus,
cleft of the buttocks, vulva or genitals, or the charging of any admission or
fee for the viewing of any such activity.
5. Agriculture. See Farm definition.
6. Agricultural Building A structure on agricultural land as defined in
"Farm/Rural" of this Section designed, constructed, and used to house farm
implements, livestock or agricultural produce or products used by the owner,
lessee or sublessee of the building and members of their immediate families, their
employees and persons engaged in the pickup or delivery of agricultural produce
or products.
7. Allen. Public right-of--way giving secondary access to abutting property.
8. Amusement Establishment: Any building, area, or place whose principal
purpose is providing entertainment derived from the operation of amusement
devices.
9. Amusement Devices: Any game of skill or chance requiring the payment of
money to play or operate.
4
10. Animals, Domestic Pets. Dogs, cats, birds, and similar animals commonly
kept in a residence. Animals considered wild, exotic or non-domestic, such as
• bears, lions, wolves, ocelots, and similar animals shall not be considered domestic
pets.
11. Animals, Farm. Cattle, hogs, horses, bees, sheep, goats, chickens and other
animals commonly kept for commercial food producing purposes.
12. Animal Unit. A unit of measure used to compare differences in the
production of animal wastes which has a standard as the amount of waste
produced on a regular basis by a slaughter steer or heifer.
13. Antenna. Equipment used for transmitting or receiving telecommunication,
television or radio signals, or other electromagnetic waves, including but
not limited to directional antennas, such as panels, microwave dishes, and satellite
dishes and Omni-directional antennas, such as whip antennas.
14. Antenna -Commercial. Any pole, spire or structure, or any combination, to
which an antenna is, or could be attached, or which is designed for an antenna to
be attached, and all supporting lines, cables, wires and braces erected for the
commercial use of information.
15. Antenna -satellite dish. A parabolic shaped antenna (including all supporting
apparatus) used for receiving televisions signals, which is located on the ground
• or exterior of, or outside of, any building or structure.
16. Apartment. A room or suite of rooms with cooking facilities designed to be
occupied as a residence by a single family.
tll 7. apparel as~d ~\ccessoiti- ~toreS Retail stores primarily en~agecl in selling ~~et~~
clc~thin~?,~ s11oe5, hats, unden~~ear, and ~~el~tedarticles for personal «~ear and
adorrul~ent. lli~ito~~n stores, fu7~-ici~s, and eustonl t~iilors c~n~i-~in~ stocks of
n~aterialsare included.:.
18. Area, Net Developable. Those lands within a development parcel remaining
after the deletion of flood plains, wetlands, slopes greater than twelve percent
(12%), and unbuildable easements or right-of--ways.
19. Attornev. The City Attorney of Falcon Heights.
_...
?O. Automu~iile Repair Establ~tihments Establishmcntsprimarily ~en~a~ed in
~~eneraLauiomotive rep~ur, ineludingthe installation, repair, or saleaiid
installatiol~ of automotive c?:haust s~~sten~s ~u~d autnmotive traYlSmissions.
21. Automobile Service Station - (Gas Station) (Service Stations A place here
any motor fuel, lubricating oil or grease for operating motor vehicles is offered for
• sale to the public and deliveries are made directly into motor vehicles. This
definition includes greasing, oiling or sale of automobile accessories on the
5
premises. This definition also includes minor repairs and replacement of one and
one-half (1 1/2) tons capacity. This definition includes a private site where sales
and service are not offered to the general public but motor fuel is stored and
deliveries are made directly to employee, company owned, or leased motor
vehicles. Such private service stations shall comply with all standards as outlined
in Section 9-14(17).
22. Commercial Automobile Re air The replacement of any part or repair of
any part which does not require the removal of the engine head or pan, engine,
transmission, or differential; incidental body and fender work, minor painting
and upholstering service when said service is applied to passenger automobiles
and trucks not in excess of seven thousand (7,000) pounds gross vehicle weight.
23. Auto or Motor Vehicle Reduction Yard A lot or yard where one (1) or more
unlicensed motor vehicles, or the remains thereof, are kept for the purpose of
dismantling, wrecking, crushing, repairing, rebuilding of parts, sale as scrap,
storage, or abandonment. (See also Junk Yard.)
`'~. Barber Shops. Establishments primarily engabed in fiu7~ishing barber and
men's hair styling services, including barber colle~~cs.
25. Basement. A portion of a building between floor and ceiling, located partly
above and partly below grade and having one-half (1/2) or less of its floor to
ceiling height below the average grade of the adjoining ground. Underground
houses that meet all other requirements of the Building Code shall not be
considered basements.
26. Beauty Shots. Establishments pci~nar-ilyenbabed infuniishing beaut~~ or
haircL-essingsercices. Beaut~~ and cosmetology schools arencluded it this
industry. ~E3caun~ shops include beauty and barber shol3s (combined), ~ieauty
culture schools, hcautyshops or salons, cosmetologyshops or salons, facial
salons, hairdres~eis,inanic~u~e and pedic~u~e salons andunise~ hairdressers.
27. Boardin House. A building other than a motel or hotel where, for
compensation and by pre-arrangement for definite periods, meals or lodging
are provided for three (3) or more unrelated persons.
28. Building. Any structure, either temporary or permanent, having a roof and
used or built for the shelter or enclosure of any person, animal, or property of
any kind. When any portion thereof is completely separated from every other
part thereof by area separation, each portion of such building shall be deemed
as a separate building.
29. Buildin Code. Uniform Building Code as adopted by the City of Falcon
Heights.
30. Building Height. The vertical distance between the lowest grade level at the
. building line and the uppermost point on the roof.
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31. Building Offcial. The officer or other designated authority, certified by the
State of Minnesota under Minnesota Statutes 16.861, charged with the
administration and enforcement of the Minnesota State Building Code, or his duly
authorized representative.
32. Building Setback. The minimum horizontal distance between the building
and the lot line.
33. Building Setback Line. Aline within a lot parallel to a public right-of--way
line, a side or rear lot line, a bluffline, or a high water mark or line, behind which
buildings or structures must be placed.
34. Business. Any occupation, employment, or enterprise wherein merchandise
is exhibited or sold, or where services are offered for compensation.
~~. Cable and Other Pav ~1'clevision Services Lstablishn~ents primarily
en~agcd in the dissemination of visual <~~d te~lual television pro~~r~uns, on a
subscription or fee basis. Establishillents ~ti-Mich are hr-imarily engaged in
cablecasfing and which also produce taped progr~un materials arc included.
36. Carport. An automobile shelter having one (1) or more sides open.
37. Cellar. That portion of the building having more than one-half (1/2) of the
clear floor to ceiling height below the average grade of the adjoining ground.
Underground buildings that meet all other requirements of the Building Code
• shall not be considered cellars.
38. Church. A building, together with its accessory buildings and uses, where
persons regularly assemble for religious worship and which building, together
with its accessory buildings and uses, is maintained and controlled by a religious
body organized to sustain public worship.
39. Club or Lode. Anon-profit association of persons who are bona fide
members paying annual dues, and the use of their premises being restricted to
members and their guests. Serving of alcoholic beverages to members and their
guests may be allowed providing such serving is secondary and incidental to the
operation of a dining room for the purpose of serving food and meals.
40. Commercial Art Ser<ices. Establishments primarily engaged in providing
comi~~e-rcial art or graphic desi~~n services for ad~~ertisins~ a~~encies, publishers, and
other business and industrial users.
41. Commercial Recreation. Bowling alley, cart track, jump center, golf, pool
hall, vehicle racing or amusement, dance hall, skating, tavern, theater, firearms
range and similar uses.
42. Commercial Food Producing Farm Operations See "farm rural."
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43. Commercial Yhoto~raphv Scr~~ice~ Establishment prim<u~ily cn<~agcd in
providi~~g commercial photography services for advertising agencies, publishers,
~u~d other business and industrial users.
44. Community. The City of Falcon Heights except as otherwise indicated.
45. Comprehensive Municipal Plan The policies, statements, goals, and
interrelated plans for private and public land and water use, transportation and
community facilities, including recommendations for planned execution,
documented in texts, ordinance, Code and maps, which constitute the guide for
the future development of the Community or any portion of Community, as on
file with the City Planning Commission. This shall include the 1980 City
Comprehensive Plan and all subsequent amendments, additions, and elements
developed as per requirements of the Metropolitan Land Planning Act.
~16. Computer T'ro~~ramtl~inb ~3nd ll~ria Processing Ser<~iccs latablishments
primarily engaged in providin~~ co~npuier pro~~rammi7~g and data preparati~~n and
proccssin~~ services. lsfablishments of this industiti~ perform a variety of
additional sereices, such as computer software design ~u~d analysis; modifications
of custom soltw~~~e_ and training in the use of custom softw-are. ~11so included are
application software programming_ computer code authors. computer pro~;r~u~15 oi-
svstems sottw~u~e dc~~elopment (custom), computer software ~~-Tilers (free-lance).
software progr~unming, calculating service, computer lime-sharing, data entry,
data processing, daia verification. ke~~punch, leasing, of a~mputer time, optical
scathing. rental of corl~puter time, service bureaus
• 47. Condominium. See "Dwellin -Multi le or A artm
g p p ent Building.
48. Conditional Use. A use which is generally appropriate in a specified zoning
district but requires special planning considerations and, in certain instances,
unusual and extraordinary limitations peculiar to the use for the protection of the
public health, safety and welfare or the integrity of the Falcon Heights
Comprehensive Plan.
49. Convenicncc Store f1 retail cstablishiT~ent which generally sells a limited
range. of food products, nonprescription drugs, candy and other perishable goods.
-This includes soda and simila~~ beverage dispensing and food products, which can.
he heated ~u~d/or prepared on-site.
50. Council. The governing body of the City of Falcon Heights, Minnesota.
51. Curb Level. The grade elevation of the curb in front of the center of
the building. Where no curb has been established, the City Engineer shall
determine a curb level or its equivalent for the purpose of this Chapter.
~??. Hance Studios. Schools ~~tnd Halls }~stablishmcnts prim<rt~ily en~~aged in
operatin<~ dance studios, schools, and public halls or ballrooms.
8
53. Depth of Lot. The horizontal distance between the frontage right-of--way line
and rear lot line. On a corner lot, the side with the largest frontage is its depth,
and the side with the lesser frontage is its width.
• 54. Depth of Rear Yard. The horizontal distance between the rear building line
and the rear lot line.
55. Disposal Area, On-Site Sewage Treatment That ground within the confines
of the lot that does not contain buildings and has an elevation of at least eighty
(80) inches above the highest known or calculated water table or bedrock
formation; does not slope in excess of thirteen percent (13%); and meets the
requirements of permeability as determined by the rate of water percolation in the
soil.
56. Dredging: The process by which soils or other surface materials, normally
transported by surface water erosion into a body of water, are removed for the
purpose of deepening the body of water.
~7. Drinkin~~ F~atahlishments. F3ars and havcrns. I?stablishments primarily
engaged in the retail sale of ~dcuholic drinla, such as beer, ale, wine, and liquor,
for consumption on the premises.
58. Drive-In. Any use where products and/or services are provided to the
customer under conditions where the customer does not have to leave the car or
where service to the automobile's occupants is offered regardless of whether
• service is also provided within a building. This shall include, but not necessarily
be limited to, the following; car and truck wash, drive-in banking, restaurants
where some or all customers may consume their food and/or beverages in an
automobile, restaurants providing carryout or delivery service, service stations,
parcel pick-up, and similar uses.
59. Dru<~ Storesr'Ph~u~macies. Establishments engaged in the retail sale of
~rescripLion drugs, proprietarS drugs, and nonprescription medicines, and which
may also c~irry a number of related lines, such. as cosmetics, toiletries, tobacco,
~u~d novelty merchandise. These stores are. included on the basis of their usual
trade designation rather than on the stricter interpretation of commodities handled.
I-his industry includes dru~~ stores which Also operate a soda fount~iin or lunch
counter.
60. Dwelling. A building or one (1) or more portions thereof occupied or
intended to be occupied exclusively for human habitation, but not including
rooms in hotels, motels, nursing homes, boarding houses, nor trailers, tents,
cabins, or trailer coaches. (Also see Dwelling Unit.)
61. Dwelling -Attached. A dwelling which is joined to another dwelling at one
(1) or more sides by a party wall or wall.
• 62 Dwelling -Detached. A dwelling which is entirely surrounded by open space
on the same lot.
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63. Dwelling -Duplex or Two Family A residential building containing two (2)
complete dwelling units.
• 64. Dwelling -Multi le or Apartment Building A residential building, or
portion of a building, containing two (2) or more dwelling units which may or
may not be served by a common entrance.
65. Dwellin -Single. A residential building containing one (1) detached
dwelling unit.
66. Dwelling -Seasonal. A residential building not capable of year-round
occupancy due to non-winterized construction or inadequate non-conforming
year-round on-site sewage treatment systems.
67. Dwelling -Townhouse. A residential building containing two (2) or more
dwelling units with at least one (1) common wall, each unit so oriented as to have
all exits directly to the out-of--doors
69. Dwelling Unit. A residential accommodation including complete kitchen and
bathroom facilities, permanently installed, which is arranged, designed, used, or
intended for use exclusively as living quarters for one (1) family.
70. Earth Sheltered Buildings. Any building with 50% or more of exterior walls
being covered with dirt; these are permitted by conditional use permit only.
71. Satin<~ Establishments. Establishments primarily en~a~ed in the retail sale of
prepared food and drinks Ior on-premise or immediate consumption. Caterers and
indusu~ial and institutional food service estab(ishme~lts are ~rlso included in this
industry.
72. Educational Institution. A college or university authorized by the State of
Minnesota to award degrees.
73. En ineer. The City Engineer of Falcon Heights.
74. Essential Services - (Governmental Uses, Building and Stora e .
Governmental services such as office buildings, garages, temporary open space,
open storage when not the principal use, fire and police stations, recreational
areas, training centers, correctional facilities, or other essential uses proposed by
federal, state, county, local, special districts, and school districts, except that
schools shall not be permitted under this provision.
75. Essential Services - (Public Utilit~s). Underground or overhead gas,
electrical, steam, or water distribution systems, collection, communication,
supply, or disposal system including poles, wires, mains, drains, sewers, pipes,
conduits, cables, fire alarm boxes, police call boxes, traffic signals, hydrants, or
other similar equipment and accessories; but not including buildings or
transmission services.
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76. Essential Services - Public Utilit Uses Transmission Services Buildin s
• and Storage). Transmission service such as electrical power lines of a voltage of
35 kv or greater, or bulk gas or fuel being transferred from station to station and
not intended for enroute consumption or other similar equipment and accessories.
77. Exterior Storage (Includes O en Stora~el The storage of goods, materials,
equipment, manufactured products, and similar items not fully enclosed by a
building.
78. Family. An individual, or two (2) or more persons each related by blood,
marriage, adoption, or foster care arrangement living together as a single
housekeeping unit, or group of not more than four (4) persons not so related,
maintaining a common household, exclusive of servants.
79. Farm, Rural -Agriculture A rural farm is a commercial food producing use
on ten (10) or more contiguous acres and as defined under a portion of the
Minnesota Agricultural Property Tax Law (Green Acres Law) Section 273.111
Agricultural Property Tax.
80. Farm, Suburban - Agriculture A suburban farm is a non commercial food
producing use primarily intended for the use of the residents, and usually on less
than ten (10) contiguous acres. Suburban agricultural uses may include
production of crops such as fruit trees, shrubs, plants, flowers, vegetables, and
domestic pets.
81. Feed Lot. The place of housing or feeding of livestock or other animals for
food, fur, pleasure, or resale purposes in yards, lots, pens, buildings, or other areas
not normally used for pasture or crops and in which substantial amounts of
manure or related other wastes may originate by reason of such feeding of
animals.
82. Fence. A partition, structure, wall, or gate erected as a dividing marker,
visual or physical barrier, or enclosure.
83. Fill. Any act by which soil, earth, sand, gravel, rock, or any similar material
is deposited, placed, pushed, or transported and shall include the conditions
resulting therefrom.
84. Final Plat. A drawing or map of an approved subdivision, meeting all
requirements of the Subdivision Ordinance, and in such form as required by the
community for purposes of recording.
85. Firearm. Any weapon (including a starter gun) which will can or is designed
to or may readily be converted to expel any missile, projectile, bullet or other
mass through a barrel by means of explosives or gas or air, and any frame,
receiver, muffler or silencer of any such weapon, but excluding the following:
children's toy guns, "BB" guns, antique firearms, scuba guns, medical
11
instruments, industrial tools such as stud and nail guns and any replica of any
firearm which replica cannot, is not designed to, and cannot be readily converted
to, expel any missile, projectile, bullet or other mass through a barrel by any
means.
86. Firearm, antique. Any firearms (including any firearm with a matchlock,
flintlock, percussion cap, or similar type of ignition system) manufactured in or
before 1898.
87. Firearms dealer. A person who is federally licensed to sell firearms and
operates a gun shop in which firearms are sold from a permanent business
location or any person engaged in the business of repairing firearms or making or
fitting special barrels, stocks or trigger mechanisms to firearms.
88. Financial Institution: A place of business where people store, borrow and
exchange money including banks, trust companies, savings banks, savings and
loan associations, credit unions, check cashing facilities, and loan & thrift
companies.
89. Floor Area. A gross area of the main floor of a residential building measured
in square feet and not including an attached garage, breezeway, or similar
attachment.
90. Floor Area Gross. The sum of the gross area of the various floors of a
building measured in square feet. The basement floor area shall not be included
unless such area constitutes a story.
91. Floor Area Ratio. The numerical value obtained through dividing the gross
floor area of a building or buildings by the net area of the lot or parcel of land on
which such building or buildings are located.
92. Floor Plan-General. A graphic representation of the anticipated use of the
floor area within a building or structure.
93. hlorists. Establishments primarily engaged in the retail sale ol~eut flowers
and growin~~ plants. "phis excludes retail nurseries and la~~~~~ and <~ardcn
supply stores.
9=1. Food Stores. Retail stores prim~rt-ily ~n«a~~ec] in sellin<~ food for home
preparation and conswnption. [ncluded are ~~roce.rv and convenience Loud stores,
meat and fish n1~u~kets, fruit and vegetable markets, c<~~dv, slut, and confectioner~°
stores. dairy products stores, retail bakeries, retail coffee stores, spice and herb
stores, retail ti~~~ater and mineral water stores, and ~ itamin food Stores.
95. Footing. Foundation below frost line as prescribed by the Building Code.
96 Frontage. That boundary of a lot which abuts a public street or private road.
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97. Fuel Dealers 1stablishments primaril}~ engaged in the retail sale of fuel oil,
liquefied petroleum gas (bottled gas), a~~d coal ~u~d ~-~°ood dealers.
• 9i~ (iara~e-Private A detached one stor
y accessory buildmg or portion of the
principal building, including a carport, which is used primarily for the storing of
passenger vehicles, trailers, recreational vehicles or farm trucks.
99. Garage-Public A building or portion of a building, where vehicles are kept
for remuneration or hire and in which any sale of gasoline, oil, and accessories is
only incidental to the principal use.
100. Garment Pressing. and A~~ents for Laundries and Drvcleaners.
Establishments primarily engaged in providing, laundry 'and drycle~ulin~~
services but ~~hich Katie the laundry and d~-~~cleanin~~ ~~ork done b~° okhers.
Fatablishments in this industry may do their o~~~~ pressin~~. finishing «~ork,
alterations and incidental repairs.
101. Governing Body City Council of the City of Falcon Heights.
102. Gu_ n~ A building or a portion of a building occupied by a firearm
dealer which has devoted some portion of its floor area to the sale of firearms or
ammunition.
103.11ard~~~~are Stores Establishments primarily engaged in the retail sale of
a number of bask h~u~d~iarc tines, such as tools, builders' hard~~-arc, paint ~~u1
~~lass. house~~~a-cs and household appliances, ~u~d cutlery.
10~ l lealih Care. Oltices and Clinics. Establishments of health practitioners
engaged in furnishing medical, surgical and other health se«~ices to persons. but
does not include in-patient health care sci~~ices. Included arc individual
practitioners <u~e associated for the purpose of carrying on their profession, and
clinic «hich provide the same services through practitioners that are en~ployc.es.
Practitioners may or may not be licensed or certified, depending on slate la~~r.
10>.IIome purnishin~r. Ap~~liancc and F~ui~mcnt Storc,~ Retail stores selling
goods used for furnishing the home such as furniture; floor covcrin~~s. draperies,
glass and chinatiyare, domestic sto~~es, ceti-i~~erators. other hous~Itolcl electrical and
~,?as appliances. radios, televisions, computers and software, consumer cleetronics,
prerecorded audio and video tapes and disks, music, and musical instruments.
Es[ablishi7~ents selling electrical ~u~dgas appliances are included in this group
only if the major part of their sales consists of articles for home use.
106. Home Occupation Any gainful occupation or profession engaged in by the
occupant only of a dwelling and carried on within a dwelling unit and not in any
accessory building.
. 107. Hotel. A building having provision for nine (9) or more guests in which
lodging is provided with or without meals, for compensation, and which is open
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to transient or permanent guests or both, and where no provision is made for
cooking in any guest room, and which ingress and egress to and from all rooms is
made through an inside lobby or office supervised by a person in charge.
108.Ilotcis and ~~~iotels Commercial estahlishments kno~~
> n to the public as
hotels, motor hotels, motels, or tourist courts, primarily enga~~ed in prodding
lodging, or lodging and meals, for the general public. Flotels which arc operated
by membership organizations and open to the general public are included in this
industry. also included are auto courts, bed and breakfast izms, eabins ~u~d
cottages, casino hotels, hostels, hotels (except residential), Inns (turnishin~~
food and lodging), motels, recreational hotels, resort hotels, seasonal hotels, ski
lod~~es and resorts. tourist cabins, ~u~d tourist courts.
109. Institutional Housin Housing for students, mentally ill, infirm, elderly,
nurses, physically retarded, and similar housing of a specialized nature.
110. Junk Yard. An area where discarded or salvaged materials are bought, sold,
exchanged, stored, baled, cleaned, packed, dissembled, or handled, including but
not limited to scrap iron and other metals, papers, rags, rubber products, bottles,
and used building materials. Storage of such material in conjunction with a
permitted manufacturing process when within an enclosed area or building shall
not be included.
111. Kennel, Commercial Any place where four (4) or more of any type of
domestic pets, over four (4) months of age, are boarded, bred, trained, or offered
for sale.
112. Kennel, Private. Any place where four (4) or more of any type of domestic
pets, over four (4) months of age, are owned by any member or members of the
household.
113. Land Alteration. The excavation or grading of land involving movement of
earth and materials in excess of one hundred (100) cubic yards.
114. Land Reclamation. The reclaiming of land by depositing material so as to
elevate the grade. Depositing of a total of more than fifty (50) cubic yards of
material per lot or parcel, either by hauling in or regrading the area.
115. Landsca ing_ Planting trees, shrubs, and turf such as grasses and shrubs
1 16. I,aundr~~ and Garment Serrices psfablishnlcnts primzn-ily en~~aged in
furnishin~~ laundry and garment services such as the repair, alteration, and storage
of clothes Ior individuals and I~~r the operation of hand laundries. Included are
diaper service, dressmaking services.
117.Laundrics - Po1~~cr. hstablishmeuts prim~rrily engaged in operating
mechanical laundries with ste~un or other power. Included are family' and
commercial po~~°er laundries, and laundry collecting and distributing outlets
operated by power laundries.
14
l 1 .Laundromats - pelf Scree. I;siablishments primaril~~ en~~a~ed in the
operation of coin-operated or simil~u~ selfi-service latu~drv and drvclcaning
equipment fur use on the premises, or in aparUncnts, dormitories. and simil~a-
locations.
119. Loading Snace• A space, accessible from a street, alley, or way, in or
outside of a building, for the use of trucks while loading and unloading
merchandise or materials.
120. Lod in Room. A room rented as sleeping and living quarters, but without
cooking facilities. In a suite of rooms without cooking facilities, each room which
provides sleeping accommodations shall be counted as one (1) lodging room.
121. Lot. A parcel of land designated by metes and bounds, registered land
survey, plat, or other means, and which description is either recorded in the Office
of the County Recorder or Registrar of Titles or used by the County Treasurer or
County Assessor to separate such parcel from other lands for tax purposes. The
word "lot" shall include the words "piece", "parcel," and "plots;" the word
"building" includes all other structures of every kind regard-less of similarity to
buildings; and the phrase "used for" shall include the phrases "arranged for",
"designed for", "intended for", "maintained for", and "occupied for".
122. Lot Area. The area of the horizontal plane within the lot lines.
123. Lot Area. Minimum Per Dwellin Unit The minimum number of square
feet or acres of lot area required per dwelling unit.
124. Lot Buildable. A lot which meets or exceeds all requirements of the City
land use and development ordinances without the necessity variances.
125. Lot Corner. A lot situated at the junction of, and abutting on two (2) or
more intersecting streets; or a lot at the point of a deflection in alignment of a
single street, the interior angle of which does not exceed one hundred thirty five
(135) degrees.
126. Lot Denth. The mean horizontal distance between the front and rear lines of
a lot.
127. Lot-Interior. A lot other than a corner lot, including through lots.
128. Lot Line. A lot line is the property line bounding a lot except that where any
portion of a lot extends into a public right of way or a proposed public
right-of--way, the line of such public right-of--way shall be the lot line.
129. Lot Line-Front. That boundary of a lot which abuts a public street or a
private road. In the case of a corner lot, it shall be the shortest dimension of a
• public street. If the dimensions of a corner lot are equal, the front lot line shall be
designated by the owner. In the case of a corner lot in a non residential area, the
15
lot shall be deemed to have frontage on both streets
130. Lot Line-Rear. That boundary of a lot which is opposite to the front lot line.
If the rear lot line is less than ten (10) feet in length, or if the lot forms a point at
the rear, the rear lot line shall be a line ten (10) feet in length within the lot,
parallel to, and at the maximum distance from the front lot line.
131. Lot Line-Side. Any boundary of a lot which is not a front lot line or a rear
lot line.
132. Lot-Through. Any lot other than a corner lot which abuts more than one (1)
street. On a through lot, all the street lines shall be considered the front lines for
applying this Chapter.
133. Lot-Through or Double Frontage As defined herein above and also referring
to a lake or stream frontage lot having a public road as one lot line and a water
body at the opposite lot line.
134. Lot Width. The horizontal distance between the side lot lines of a lot
measured at the setback line.
1 >>. i~~lailin~~ ~en~ices. Laiablishments primarily engaged in furnishin~~ services
for direct mail. advertising, such t~s creating, producing, ~u~d mailing of direct mail
advcrtisin<~. This industry also includes estab(isl~ments primarily engaged in
co~npilin~~ and selling mailing lists.
136. Manufacturin -General. All manufacturin
~, r~undm~, processmg,
packaging, treatment, or assembly of goods or materials which involve a risk of
offensive or dangerous noise, odor, or pollution beyond the lot on which the use is
located. Such uses include, but are not limited to the following: sawmill;
refineries; commercial feedlots; acid; cement; explosives; flour, feed, and grain
milling or storage; meat packing, slaughter houses; coal or tar asphalt distillation;
rendering of fat, grease, lard, or tallow; alcoholic beverages; poisons;
exterminating agents; glue; lime; gypsum; plaster of paris; tanneries; automobile
parts; paper and paper products including storage; electric power generation
facilities; vinegar works; junk yards; auto reduction yards; foundry; forge; casting
of metal products; rock, stone, cement products, poultry keeping, processing and
slaughter.
137. Manufacturing-Limited. All compounding, processing, packaging treatment,
or assembly of goods and materials, provided such use will not involve the risk of
offensive odors, glare, smoke, dust, noise, vibrations, or other pollution extending
beyond the lot on which the use is located. Such uses include, but are not limited
to the following: lumber yard, machine shops, products assembly, sheet metal
shops, plastics, electronics, general vehicle repair (repair garage), body work and
painting, contractor shops and storage yard, food and non-alcoholic beverages,
signs and displays, printing, publishing, fabricated metal parts, appliances,
clothing, textiles, and used auto parts.
16
138. Manure. Any solid or liquid containing animal excreta.
139. Massage. Any method of pressure on, or friction against, or the rubbing,
stroking, kneading, tapping, pounding, vibrating, stimulating, or rolling of the
external parts of the human body with the hands or with the aid of any mechanical
or electrical apparatus, or other appliances or devices, with or without such
supplementary aids as rubbing alcohol, liniment, antiseptic, oil, powder, cream,
lotion, ointment, or other similar preparations.
140. Measured Distances. The nearest foot. If a fraction is one-half foot or less,
the "integral foot" next below shall be taken.
141. Medical Uses. Those uses concerned with the diagnosis, treatment, and care
of human beings. These include: hospitals, dental services, medical services or
clinic, nursing or convalescent home, orphan's home, rest home, and sanitarium.
142. ~~liscell~uieous Retail Estahlishmcnts Retail establishments ~ti~hich fall into
the follo~~ ing categories: drug stores, liduor stores, used ~uerchandise stores
(incltadin~~ antiques). itlisc~ilancous shoppiil~ goods stores (sporting goods ~~i~d
bicS~cles. books, stationary, jewelr~~. hobby and toys, c~u»era and photographic
supplies, gift and norelty, luggage and leather, and seeing), nonsture retailers
(catalog 'and mail order houses, automatic merchandising machine operators, and
direct sellin~~ establishments), florists, tobacco stores az~d stands, ne~~s dealers and
ne~~~sstands, optical goods stores <n~d other miscell~meous 1~etail establishments.
143. Mobile Home. A single family detached dwelling unit designed for
year-round occupancy, constructed at a factory or assembly plant and drawn to the
site on a permanently attached undercarriage and wheels. "Mobile Home" shall
not include "Trailer" (Recreational Vehicle) as herein defined, nor shall it include
modular or pre-fabricated dwelling units which meet or exceed the requirements
of the Minnesota Building Code.
144. Mobile Home Park. Any site or tract of land designed, maintained or
intended for the placement of two (2) or more occupied mobile homes. Mobile
home park shall include any building, structure, vehicle, or enclosure intended for
use as part of the equipment of such mobile home park.
145. Modular or Prefabricated Home. Anon-mobile dwelling unit for year-round
building site where final installations are made permanently affixing the dwelling
unit to the site. Said dwelling unit shall be equivalent to a unit constructed on the
site, meeting all requirements of the Minnesota Building Code. Includes
"manufactured" homes built in conformance to Sections 327.31 to 327.33 of State
Statutes.
146. Motion Picture Theaters. Commercially operated theaters primarily engaged
in the indoor exhibition of i7lotion pictures.
147. Motor Courts, Motor Hotel or Motel A building or group of buildings other
than a hotel used primarily as a temporary residence of a motorist.
17
148. Municipality The City of Falcon Heights.
149. Noise, Ambient The all encompassing noise associated with a given
environment, being either a composite of sounds transmitted by any means from
many sources near and far or a single predominant source.
150. Nominal Five (5) Acre Parcel A five (5) acre parcel not reduced by more
than ten percent (10%) due to road right-of--way dedication.
151. Non Conforming Use or Lot Any legal use or lot already in existence,
recorded or authorized before the adoption of official controls or amendments
thereto that would not have been permitted to become established under the terms
of the official controls as now written.
152. Nuditv: The showing of the human male or female genitals, pubic area or
buttocks with less than a fully opaque covering, or the showing of the female
breast with less than a fully opaque covering of any portion thereof below the top
of the nipple, or the depiction of covered male genitals in a discernible turgid
state.
153. Nurserv-Day A use where care is provided for three (3) or more children
under kindergarten age for periods of four (4) hours or more per day for pay.
154. Nursery-Landscape A business growing and selling trees flowering and
decorative plants, and shrubs which may be conducted within a building or
without (commercial production).
155. Nursing Home A building with facilities for the care of children, the aged,
infirm, or place of rest for those suffering bodily disorder. Said nursing home hall
be licensed by the State of Minnesota as provided by law.
156. Official Control. Legislatively defined and enacted policies, standards,
precise detailed maps, and other criteria, all of which control the physical
development of a municipality or a county, or any part thereof, or any detail
thereof, and the means of translating into ordinances all or any part of the general
objectives of the comprehensive municipal plan. Such official controls may
include, but are not limited to ordinances or the Code establishing zoning,
subdivision controls, site plan regulations, sanitary codes, building codes, housing
codes, and official maps.
157. Official Man. A map adopted in accordance with the provisions of Minn.
Stat. 394.361 (1983).
158. Offic_ Those commercial activities that take place in office buildings,
where goods are not produced, sold, or repaired. Including, but not limited to
banks, professional offices, governmental offices, insurance offices, real estate
M offices, telephone exchanges, utility offices, radio broadcasting, and similar uses.
18
159. Open Sales Lots. Lands devoted to the display of goods for sale, rent, lease,
or trade, where such goods are not enclosed within a building.
160. Open Storage. Storage of any material outside of a building.
Owner. Includes all persons with an interest in a property as fee simple owner,
life estate holder, encumbrancer, or otherwise.
161. Paint, Glass. and ~'~-"allhaper Stores Rct~il L;stablishments engaged in
selling primaril}~ paint glass, and tivallpaper, or ~n~y comuination of these
Lines, to the general public. Vdhile these establishments may sell primaril}~ to
construction contractors, they arc kno~~~~ as retail in the trade. Establishments
~~hich do not sell to the general public or ~~ho are. known in the trade a5
~~~~holcsale are excluded.
162. Parking Space. A suitably surfaced and permanently maintained area on
privately owned property either within or outside of a building of sufficient size to
store one (1) standard automobile.
163. Pawn Shop. Defined but not allowed in any district A business which loans
money on deposit or pledge of personal property, or other valuable thing, or
which deals in the purchasing of personal property or other valuable thing on
condition of selling the same back again at a stipulated price, or which loans
money secured by chattel mortgage on personal property, taking possession of the
property or any part thereof so mortgaged.
164. Pedestrian Way. A public or private right of way across or within a block or
tract, to be used by pedestrians.
165. Performance Standards. The minimum development standards as adopted
by the governing body and on file in the office of the Zoning Administrator.
166. Person. Any person, corporation, partnerships, or association of any type
including governmental agencies and political entities.
167. Personal Wireless Services. Commercial mobile services, unlicensed
wireless services, and common carrier wireless exchange services.
168. Photocopy°in~z and Dunlicalim~ Serviceti Establishments primarily engaged
in reproducing text, drawings, pl~uls. tllaps, or other copy. by blueprinting,
photocopying, mimcographin~~, or other methods of duplication other th~ul
printing or microfilming.
169. Photos~raphic Studios, Portrait Establishments primarily engaged in still or
~ idco portrait photography fur the ~~eneral public.
170. Precious Metals. "Precious metals" means silver, gold, and platinum.
171. Precious Metal Item. An item made in whole or in part of metal and
containing more than one percent by weight of silver, gold or platinum.
19
172. Precious Metal Dealer. Any person, who, either as principal or agent,
engages in the business of buying coins or secondhand items containing precious
• metal, including, but not limited to, jewelry, watches, eating utensils,
candlesticks, and religious and decorative objects; excluding businesses which
deal only in coins and not other precious metals.
173. Planning; Commission. The duly appointed Planning Commission of the
City.
174. Principal Structure or Use. One which determines the predominant use as
contrasted to accessory use or structure.
175. Protective or Restrictive Covenant. A contract entered into between private
parties which constitutes a restriction of the use of a particular parcel of property.
176. Public Land. Land owned and/or operated by a governmental unit,
including school and other special districts.
177. Public Utility. Persons, corporations, or governments supplying gas, electric
transportation, water, sewer, or land line telephone service to the general public.
For the purpose of this ordinance, personal wireless services shall not be
considered public utility uses, and are defined separately.
178.IZadio E3roadeastin~ Stations. Establishments primaril}~ ~n«aged in
broadeasiin~~ aural pro~arams by radio to the ~ublie. Included in this industry arc
comme~eial religious, educational, and other radio stations. Also included are.
establishments primarily- en~~aced in radio broade-acting ~a~d which produee radio
program materials.
179. Recreation Equipment. Play apparatus such as swing sets and slides,
sandboxes, poles for nets, unoccupied boats and trailers not exceeding twenty five
(25) feet in length, picnic tables, lawn chairs, barbecue stands and similar
equipment or structures, but not including tree houses, swimming pools,
playhouses exceeding twenty five (25) square feet in floor area, or sheds utilized
for storage of equipment.
180. Recreation Vehicle. Any vehicle or structure designed and used for
temporary, seasonal human living quarters which meets all of the following
qualifications; a) is not used as the permanent residence of the owner or occupant;
b) is used for temporary living quarters by the owner or occupant while engaged
in recreation or vacation activities; c) is towed or self-propelled on public streets
or highways incidental to such recreation or vacation activities; d) examples of
such vehicles include van campers, tent camping trailers, self-contained travel
trailers, pick-up campers, camping buses, and self-contained self-propelled truck
chassis mounted vehicles providing living accommodations.
181. Research Laboratory: An establishment or other facility for carrying on in
investigation in the natural, physical, or social sciences, which may include
20
engineering and product development. This definition does not include research
laboratories operated by a school or educational institution. Research
laboratories owned or operated by school or educational institutions shall be
defined as schools.
182. Retail Business Uses. Stores and shops selling personal carriers or goods
over a counter.
183. Roadside Sales Stand. A structure used only for the display and sale of
products with no space for customers within the structure, on a seasonal basis.
184. Sadomasochistic abuse: Flagellation or torture by or upon a person clad in
undergarments, a mask or bizarre costume, or the condition of being fettered,
bound or otherwise physically restrained on the part of one so clothed.
185. Sale - Garase. A garage sale is a sale of used household and personal items
conducted on residential premises, where the property sold consists of items
owned by the occupant of the premises at which the sale takes place, or by friends
of such occupant, and where the sale is conducted by such occupant or friends.
Items for sale shall not have been purchased for resale or received on consignment
for the purpose of resale.
186. Sale -Residential Bouti ue A residential boutique sale is the sale of
handcrafted items conducted on residential premises, where the items sold are
made by the occupant of the premises at which the sale takes place, or by friends
of such occupant, and where the sale is conducted by said occupant or friends of
such occupant. Items for sale shall be made in the home and not purchased for
resale from any retail or wholesale business source nor received on consignment
for the purpose of resale.
187. Sale -Sidewalk The selling of goods by a business proprietor just outside of
the public customer entrance of the proprietor's business where the merchandise
sold outside is similar to what is ordinarily sold inside the abutting business and
the sales are managed and operated by the abutting business proprietor. (Ord. 95-
04 adopted 5/24/95)
188. School. A building used for the purpose of elementary, middle (junior high
or secondary (high school) education, public or private, which meets all the
requirements of compulsory education laws of the State of Minnesota.
189. School (Pro rietarX). Any private business, trade, or correspondence
operated for a profit or charging tuition that is licensed by the State of
Minnesota under Minn. Stat. Chapter 141.
190. Screening. Screening includes earth mounds, berms or ground forms;
fences and walls; landscaping (plant materials) or landscaped fixtures (such as
timbers); used in combination or singularly, as to block direct visual access to an
object throughout the year. Approval by the City Council of all site and
construction plans prior to development of construction or installation of any
21
screening is required.
191. Secondhand Goods Store. Any store engaged in the business of selling or
receiving tangible personal property which has been previously used, rented,
owned or leased, but excluding stores which engage in the sale of any used:
automobiles; electronic equipment such as stereos, cameras, computers,
televisions, audio and video equipment, and similar equipment or appliances;
jewelry and precious gems; or guns. Stores which engage in any pawning activity
whatsoever fall within the definition of "pawn shop" and shall not be included
within the definition of "second-hand goods store."
19?. Secretarial and Sicno<,~raphie Sen~ices. F~stablishments primarily en~~agcd
furnishing secretarial, typing, word processing, resume ~ti~ritin~~, ~u~d c~~urt
repoirtingservices. "phis category also includes the sc~ti~ices of editin~~, letter
~~~ritin<" and prootieading.
193. Setback Yard. The minimum horizontal distance between a structure and
street right of way, lot line, or other reference point as provided by Ordinance.
Distances are to be measured perpendicularly from the property line to the most
outwardly extended portion of the structure.
194. Sexual conduct: Acts of masturbation, homosexuality, sexual intercourse, or
physical contact with a person's unclothed genitals, pubic area, buttocks or, if such
person be a female, her breast.
195. Sexual excitement: The condition of human male or female genitals when in
a state of sexual stimulation or arousal.
196. Shootin Gallery. A covered shooting range equipped with targets for
practice with firearms.
197. Shopping Center. Any grouping of two (2) or more principal retail uses
whether on a single lot or on abutting lots under multiple or single ownership.
198. Ski n. A display, illustration, structure, or device which directs attention to
an object, produce, place, activity, person, institution, organization, or business.
a) Sign, Advertising. A sign that directs attention to a business or
profession or commodity, service,or entertainment not sold or offered
upon the premises, where such sign is located or to which it is attached.
b) Si n Area. The entire area within continuous perimeter enclosing the
extreme limits of such sign. However, such perimeter shall not include
any structural elements lying outside of such sign and not forming an
integral part of border of the sign. The maximum square footage of multi-
faced signs shall not exceed two (2) times the allowed square footage of a
single faced sign.
c) Sign, Business. A sign that directs attention to a business or profession
22
or to the commodity, service, or entertainment sold or offered upon the
premises where such sign is located or to which it is attached.
• d) Sign, Flashing: An illuminated sign which has a light source not
constant in intensity or color at all times while such sign is in use.
e) Sign, Ground. A sign which is supported by one (1) or more uprights,
poles, or braces in or upon the ground.
f) Sign, Illuminated. A sign which is lighted with an artificial light
source.
g) Sign, Identification. A sign which identifies the inhabitant of the
dwelling or occupant of a building.
h) Win, Motion. A sign that has moving parts or signs which produce
moving effects through the use of illumination.
i) Sign, Nameplate. A sign which states the name and/or address of the
business, industry, or occupant of the site and is attached to said building
or site.
j) Sign, Pedestal. Aground sign usually erected on one (1) central shaft or
post which is solidly affixed to the ground.
k) Sign, Permanent. Any sign on a lot or parcel of land more than 365
consecutive days.
1) Sign, Real Estate. A sign offering property (land and/or buildings) for
sale, lease, or rent.
m) Sign, Roof. A sign erected upon or above a roof or parapet of a
building.
n) Sian, Shopping Center or Industrial Park.
A business sign designating a group of shops or offices (more than three
(3).
o) Sign, Structure. The supports, uprights, braces, and framework of the
sign.
p) Sign, Tem orary or Seasonal. A sign placed on a lot or parcel of land
for a period not to exceed ninety (90) days out of any twelve (12) month
period.
q) Sign, Wall. A sign attached to or erected against the wall of a building
with the exposed face of the sign a plane parallel to the plane of said wall.
r) Sign, Warning A sign which warns the public of a danger, or hazard in
23
the immediate vicinity and is obviously not intended for advertising
purposes.
• 199. Solar. Rays from the sun.
200. Storv. (Floor). That portion of a building included between the surface of
any floor and the surface of the floor next above. Abasement shall be counted as
a story and a cellar shall not be counted as a story. For purposes of this code, a
story shall also include each multiple of 12 feet between the ground and eave.
201. Street. A public right of way which affords a primary means of access to
abutting property.
202. Street-Collector. A street which serves or is designed to serve as a traffic
way for a neighborhood or as a feeder to a major road or as designated on the
Comprehensive Municipal Plan.
203. Street-Major or Thorou hg fare. A street which serves or is designed to serve
heavy flows of traffic and which is used primarily as a route for traffic between
neighborhoods and/or other heavy traffic generating areas or as designated on the
Comprehensive Municipal Plan.
204. Street Minor. A street intended to serve primarily as an access to abutting
properties.
205. Street Pavement. The wearing or exposed surface of the roadway used by
vehicular traffic.
206. Street Width. The width of the right of way measured at right angles to the
centerline of the street.
207. Structural Alteration. Any change, other than incidental repairs, which
would affect the supporting members of a building, such as bearing walls,
columns, beams, girders, or foundations.
208. Studio. A facility where students study or practice fine arts, pottery or
martial arts.
209. Subdivision. A described tract of land which is to be or has been divided
into two (2) or more lots or parcels for the purpose of transfer of ownership,
building development, or for tax assessment purposes. The term includes re-
subdivision and where it is appropriate to the context, relates to either the process
of subdividing, or to the land subdivided, or to the development for which it is
being subdivided.
210. Substandard Structure. Any building or structure lawfully existing on the
effective date of this code or any amendment thereto which building or structure
does not conform with the regulations, including dimensional standards, for the
district in which it is located after the effective date of this code or such
24
amendment.
211. Supper Club. A building with facilities for the preparation and serving of
. meals and where meals are regularly served at tables to the general public. The
building must be of sufficient size and design to permit the serving of meals to not
less than fifty (50) guests at one time. Intoxicating liquors may be sold on sale
and live entertainment and/or dancing shall be permitted.
212. Swimming Pool. Any enclosure in ground or above ground on private
property having a water surface area exceeding 100 square feet and a water depth
of not less than 11/2 feet.
13. Tanning Salons. Establishments primarily engaged in providing tanning
serti~iccs to the public throu~~h the use of tanning beds. arld other trnlning
equipment.
214. Tavern or Bar. A building with facilities for the serving of beer, wine, set-
ups and other alcoholic beverages and may include short order foods.
215. Television Broadcasting Stations Establishments primarily engaged in
broadcasting visual programs by television to the public, except cable and other
pa}' television services. Included in this industry are commercial, religious,
educational, and other television stations. Also included are establishments
primaril}~ engaged in television broadcasting and tivhich product taped
television program materials.
• 216. Thera eutic Massa e En
p g. to rise A person who operates a business which
hires only certified therapeutic massage therapists to provide therapeutic massage
to the public. The owner/operator of a therapeutic massage enterprise need not be
certified as a therapeutic massage therapist if he or she does not at anytime
practice or administer massage to the public.
217. Tower. Any ground or roof mounted pole, spire, structure, or combination
thereof including supporting lines, cables, wires, braces, and masts, intended
primarily for the purpose of mounting an antenna, meteorological device, or
similar apparatus above grade.
218. Tower, Multi-User. A tower which is designed to accommodate the
antennas of more than one tele-communications provider, personal wireless
service provider or governmental entity.
219. Tower site. A location(s) on which is or may be located one or more
telecommunication radio or television antennas available for connection and use
by any person, firm or corporation.
220. Transportation Terminal Truck, taxi, air, bus, train, and mass transit
terminal and storage area, including motor freight (solid and liquid) terminal.
221. Truck Stop. A motor fuel station devoted rind all
p p y to the needs of tractor
25
trailer units and trucks, and which may include eating and/or sleeping facilities.
222. Variance. A modification or variation of the strict provisions of this code,
• as applied to a specific piece of property in order to provide relief for a property
owner because of undue hardship or particular difficulty imposed upon the
property by this chapter. A variance shall normally be limited to height, bulk,
density, and yard requirements. A modification in the allowable uses within a
district shall not be considered a variance.
223. Vehicle Repair. General repair, rebuilding, or reconditioning of engines,
motor vehicles, or trailers, including body work, framework, welding and major
painting services.
224. Veterinary. Those uses concerned with the diagnosis, treatment and medical
care of animals, including animal or pet hospitals.
225. Warehousing. The storage, packing, and crating of materials or equipment,
within an enclosed building or structure.
226. Wholesaling. The selling of goods, equipment, and materials by bulk to
another person who in turn sells the same to customers.
?27. Video Rental Storey L;stablishments prim~u~ilti~ en~~a~~ed in rentiil~ recorded
video tapes and disks to the general public fii~r personal or household use..
• 228. Yard Setback. The open space of an occupied lot which is not covered by
any principal structure.
229. Yard-Front Setback. A yard extending across the front of the lot between
the inner side yard lines and lying between the front line of the lot and the nearest
building line.
230. Yard-Rear Setback. A yard extending across the rear of the lot between the
inner side yard lines and lying between the rear line of the lot and the nearest
building line.
231. Yard-Required Setback A yard area which may not be built on or covered
by structures because of the setbacks for said structures within the zoning district.
232. Yard-Side Setback. A yard between the side line of the lot and the nearest
building line.
233. Zoning District. An area or areas within the city in which the regulations
and requirements of this ordinance are uniform.
26
Ordinance 0-94-OS dated 3/23/94 amends Chapter 9 1.02 Subd. 2. Definitions to include
definitions of adult uses and related definitions, financial institutions, pawn shop, precious metals
and related definitions, secondhand goods stores, and therapeutic massage enterprise.
Ordinance 0-95-01 dated 5/10/95 amends Chapter 9 1.02 Subd.2; §9-801 subd.2(k), §9-10.01
subd.k2(o); §9-10.01 subd.3(i). Relating to stores that sell fire arms and to include definitions of
firearm, antique firearm, firearms dealer, gun shop, shooting gallery.
Ordinance 0-97-07 dated 9/24/97 amends Chapter 9-1.02 Subd. 2. Definitions included in the
ordinance include a revised definition of antenna and the addition of the following terms:
personal wireless service, public utility, tower, and tower, multi-user.
Ordinance 0-99-09 dated 12/15/99 amends Chapter 9-1.02 by adding definitions of "Educational
Institution", "School, proprietary" "Reseaxch laboratory", "School", and "Studio".
•
27
PLANNING & DEVELOPMENT 9-2.01, 2.02
PART 2. GENERAL PROVISIONS
9-2.01 Application and Interpretation
Subdivision 1. Interoretation. In the interpretation and application of the provisions of
this Chapter, the provisions thereof shall be held to be the minimum requirements for the
promotion of the public health, safety, convenience and welfare of the citizens and
residents of the City.
Subdivision 2. Conformance. No structure or improvement 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 conformity with the provisions of this Chapter.
Subdivision 3. District Uses. The uses as set out in the provisions for the various
districts shall be the uses allowed under this Code. Other uses not listed which are
deemed similar by the City Council, in a resolution setting out such judgment may also
be permitted.
9-2.02 Non-Conforming Uses Buildings and Structures
Subdivision 1. Preservation of Non-Conformin Uses Except as hereinafter provided in
t this Section, the lawful use of land or the lawful use of a building or structure existing on
the effective date of this Code or on the effective date of any amendment thereto may be
continued although such use does not conform to the provisions of this Code, except as
otherwise provided in this Section. Advertising signs located in the City shall be
removed by October 1, 1985.
Subdivision 2. Preservation of Dimensionally Substandard Buildings or Structures
Except as hereinafter provided m this Section, buildings or structures lawfully existing on
the effective date of this Code may be maintained although such building or structure
does not conform to the dimensional standards of this Code. Any such building or
structure shall not be altered or improved beyond normal maintenance. However, in
cases where the principal structure or garage is legally non-conforming with respect to
corner side yard and interior side yard setbacks, an addition to the principal structure or
garage may be allowed providing the proposed addition does not encroach further into
the corner side yard or interior side yard lot lines than the existing principal structure or
garage, and providing that such addition meets all other requirements of this Code.
Subdivision 3. Unlawful Use Buildings and Structures No unlawful use of property
existing on the effective date of this Code nor any building or structure which is
unlawfully existing on such day shall be deemed anon-conforming use or a
non-conforming building or structure.
Subdivision 4. Permit Holders and Permit Applicants Any non-conforming structure
. that is ready for or under construction on the effective date of this Code may be
completed and occupied in accordance with the requirements of any valid building permit
issued therefor prior to such effective date.
Subdivision 5. Chance From One Non-Conforming Use to Another Anon-conforming
use may be changed only to a use permitted in the district in which it is located; except
that if no structural alterations are made, anon-conforming use of a building may be
changed to another non-conforming use of the same or a more restrictive classification,
and provided such change is approved by the City Council. Once changed to a
conforming use, no building or land shall be permitted to revert to anon-conforming use.
A non-conforming use, all or partially conducted in a building or buildings, may be
changed to another non-conforming use only upon determination by the City Council,
after a public hearing, that the proposed new use will be no more detrimental to its
neighborhood and surroundings than is the use it is to replace and that there is no
conforming use available for the building or buildings. In determining relative
"detriment", the Planning Commission shall take into consideration, among other things,
traffic generated; nuisance characteristics, such as emission of noise, dust, and smoke;
fire hazard; and hours and manner of operation.
Subdivision 6. Restoration of Non Conforming Building or Structure A
non-conforming building or structure which is damaged or destroyed by fire, flood, wind,
earthquake, or other calamity may be restored and the occupancy or use of such building,
structure, or part thereof, which existed at the time of such partial destruction, may be
continued or resumed, provided that the restoration is started within a period of one (1)
year and is diligently prosecuted to completion, unless the damage to such building or
structure is equal to fifty percent (50%) or more of the replacement cost thereof (as
determined by the Zoning Administrator), in which case, the reconstruction shall conform
to the provisions of this Chapter.
Subdivision 7. Abandonment of Use. When any non-conforming use of land or of a
building or structure is abandoned for a period in excess of one year, such land, building
or structure shall, thereafter, be used only as provided by this Chapter.
Subdivision 8. Repairs and Alterations.
a. Non-conformin Use: Repairs and alterations may be made to a
non-conforming building or structure, provided that no structural alterations
which increase the bulk of the building or structure, all or substantially all of
which is designed or intended for a use not permitted in the district in which it is
located, except those required by law or, except to make the building or
structure, and the use thereof, conform to the regulations of the district in which it
is located. For the purpose of this subdivision, repairs shall include the
replacement of storage tanks where the safety of operation of the installation
requires such replacement, and other replacements of, or substitutions for,
® ~
• machinery or equipment not involving structural alterations to the building or
structure, except as herein above provided.
b. Permitted Use: Repairs, alterations, and structural changes may be made to a
non-conforming building or structure, all or substantially all of which is designed
or intended for a use permitted in the district in which it is located. Such repairs,
alterations, or structural changes shall conform to the regulations of the district in
which said building or structure is located except as permitted in Section 9-2.02,
Subdivision 2, relating to interior side yard or corner side yard setbacks.
Subdivision 9. Additions and Enlargements
a. Permitted Use: Anon-conforming building or structure which is
non-conforming as to area, and is designed or intended for a permitted use, shall
not be added to or enlarged in any manner unless such additions or enlargements
are made to conform to all of the regulations of the district in which it is located,
except as permitted in Section 9-2.02, Subdivision 2, relating to interior side yard
or corner side yard setbacks. All non-conforming buildings or structures,
including all additions and enlargements shall conform to this Code.
b. Non-conforming Use: Anon-conforming building or structure designed or
intended for anon-conforming use may not be added to or enlarged structurally.
c. Land: The non-conforming use of land, not involving a building or structure,
or in connection with which any building or structure thereon is incidental or
accessory to the principal use of the land, shall not be expanded, intensified or
extended beyond the area it occupies.
Subdivision 10. Relocation of Building or Structure
Whenever an existing building is to be moved from its present location to a location
within the City of Falcon Heights, the person or business association proposing to move
said structure should first comply with the following specific requirements:
a. File an application for a permit within 60 days of the moving date with the
Zoning Administrator providing the following information:
1. Location on which structure or building is being moved from;
r~
2. Location within Falcon Heights to which the building or structure is
being moved;
3. Construction plans for the building, if available;
4. The site plan for the location in Falcon Heights upon which the
building or structure is going to be placed;
5. Plans and specs which shall include the foundation; exterior repairs and
improvements, including windows and doors; roofing, electrical and
plumbing modifications; heating systems; and any necessary interior
reconstruction decorating, all to be in accordance with applicable building
codes and which shall indicate that the structure once moved shall be in
reasonable conformance with surrounding property including but not
limited to sodding, grading and planting.
b. Upon presentation of this application, deposit the fee as stipulated in Section 5-
14.07 of the code with the Zoning Administrator to defray costs incurred by the
city in processing the application, inspecting the building and doing whatever else
is necessary to determine whether the building conforms with or can be made to
conform with existing codes. If any portion of the escrow payment required is not
used, the amount remaining shall be returned to the petitioner following
satisfactory completion of item (d) following.
c. If the city requires an additional deposit to guarantee any street repairs that
may be required following the process of moving the building, deposit such
amount up to $1,000.00 with the Zoning Administrator. Any unused portion of
such deposit will be returned to the petitioner following satisfactory completion of
item (d) following:
• d. Furnish a surety bond to the City in the amount of one and one-half times the
estimated costs of remodeling, refurbishing or otherwise constructing or
reconstructing such building in accordance with the plans and specifications and
the city's building code and such bond shall be further conditioned that work will
be completed within 90 days of issuance of the permit. The bond shall operate in
favor of the city and shall hold the city harmless from any loss or damage by
reason of improper or inadequate work performed by the holder of said license
under the provisions of this code. In addition, the bond shall set forth that the site
will be cleaned up and that all rubbish, material, extra fill, dirt, debris and left
over materials shall be removed within 15 days after the building is moved on to
the site.
e. Deposit with the Zoning Administrator a copy of a certificate of insurance
indicating that the petitioner has sufficient insurance to protect the municipality
and public from any and all damage which may result either directly or indirectly
from the moving of said building.
Upon receipt of the application, the Zoning Administrator shall inform the building
inspector who shall inspect the building and be reimbursed for time and travel involved in
making such inspection.
The city engineer shall determine whether or not drainage of the new site is feasible and
available and in connection therewith may require any appurtenances or new installations
all of which shall be at petitioner's expense.
4
• The city council shall review the application and grant the permit if all of the foregoing
requirements have been met and so long as the council is satisfied that:
1. The building is not too large to move without endangering persons or property
in the city;
2. The building is not in such a state of deterioration or disrepair or is otherwise
structurally so unsafe that it could not be moved without endangering persons
and/or property in the city;
3. The building is not structurally unsafe or unfit for the purpose for which it is
being moved into the city.
Subdivision 11. Environmental. The city council may, from time to time, adopt by
resolution and reference various performance standards pertaining to the environment of
Falcon Heights. These may include, but are not necessarily limited to, various standards
and regulations contained in the Metropolitan Development Guide or as proposed by the
Metropolitan Council pertaining to on-site sewage disposal and treatment, protection of
air space navigation, wetlands, solar access protection and others.
The city council may require that existing uses on the date of adoption of this chapter
shall, within a reasonable length of time, comply with all performance standards,
including visual, following a public hearing on the matter.
9-2.03 Lot Provisions 9-2.03, 2.04
Subdivision 1. Lot Restrictions. A lot of record existing upon the effective date of this
chapter which does not meet the requirements of this chapter as to area or width, but
which meets all other zoning ordinance requirements, may be utilized for single family
detached dwelling purposes provided it is zoned residential and the measurements of such
area or width are within sixty six and two thirds (66 2/3%) percent of the requirements of
this chapter, but said lot of record shall not be more intensively developed unless
combined with one (1) or more abutting lots or portions thereof so as to create a lot
meeting the requirements of this chapter. (Amended by ordinance 99-OS)
Subdivision 2. P.U.D. Except in the case of Planned Unit Developments as provided for
hereinafter, not more than one principal building shall be located on a lot.
9-2.04 Accessory Buildings and Structures
Subdivision 1. General
U
a. No accessory building shall be constructed on a lot prior to the time of
construction of the principal building or land use to which it is accessory.
b. An accessory building shall be considered as an integral part of the principal
building if it is located less than twelve (12) feet from the principal building with
respect to firewall and other requirements of the building code. (Amended by
Ordinance 0-90-O1, January 10,1990.)
c. Accessory buildings, other than garages, in a residential district may be located
not less than five feet from an interior side or rear lot line unless the accessory
structure is located in the rear twenty percent of the lot, in which case they can be
located not less than one foot from the interior side or rear lot line (overhangs
may not extend into the one foot side or rear yard setback).
Garages in a residential district must be set back at least five feet from an interior
side or rear lot line unless:
(1) The garage meets all of the following:
(i) is located on an alley, and is accessed
from the alley or from a public street
abutting an alley on a corner lot;
(ii) is located in the rear 28 feet of the lot,and
(iii) is oriented such that the vehicular access door is perpendicular
to the alley;
If all the conditions of Section 9-2.04, Subd. 1 c(1) are met, the garage can be located not less
than one foot from an interior or rear lot line; or
(2) The garage meets all of the following:
(i) is detached from the principal structure,
(ii) is accessed from a driveway off of a public street, not an
alley,
(iii) is replacing an existing garage that is located less than five
feet from the side lot line; and
(iv) is located a minimum of five feet to the rear of the principal
structure on the nearest adjoining property that is closest to
the garage; or is located at least 10 feet from any portion of
the principal structure on the nearest adjoining property.
If all of the conditions of Section 9-2.04, Subd. lc(2) are met, the garage can be located at the
same side yard setback as the existing garage that is being replaced, except that the new garage
shall not be located less than two feet from the side lot line. The replacement garage does not
have to be in the same location as the existing garage; or
•
(3) The garage meets all of the following:
• (i) is detached from the principal structure;
(ii) is accessed off an alley;
(iii)is replacing an existing garage that is located less than five feet from
the side lot line; and
(iv) is located in the rear 30 feet of the lot
If all of the conditions of Section 9-1.04, Subd. lc(3) are met, the replacement garage can be
located at the same side yard setback as the existing garage, except the garage shall not be
located less than two feet from the side lot line.
The corner side yard setback for accessory buildings, including garages, shall
adhere to the setback requirement for principal buildings as described in Section
9-4.01, Subd.4(b) (20% of the lot width). The rear yard and interior side yard
setbacks shall be those required for garages and accessory buildings on interior
lots. Lots smaller than 75 feet wide shall have a minimum corner side yard
setback requirement of not less than fifteen feet. Garages on these lots may be
located closer than fifteen feet from the corner side lot line if the vehicular access
door does not face the side street. In no case shall a garage or other accessory
building be located within the corner side yard.
d. No accessory building in a residential district shall exceed the height of
the principal building. In addition, no detached garage in a residential
district shall exceed:
(1) a maximum of 18 feet in height from grade to peak if the roof has a
pitch that is 4 foot (horizontal) to 1 foot (vertical) or greater; or
(2) a maximum of 12 feet in height from grade to peak if the roof has a
pitch that is less than 4 foot (horizontal) to 1 foot (vertical).
e. Accessory buildings in the business and industry districts shall be located any
place to the rear of the principal building, subject to the Building Code, and the
fire zone regulations.
f. No detached garages or other accessory buildings shall be located nearer to the
front lot line than the principal building on that lot with the exception of an
attached garage in an R-1 zone. (Amended by Ordinance 0-90-01, January 10,
1990.)
g. No accessory building in a business or industrial district shall exceed the
height of the principal building except by conditional use permit.
h. An accessory building in the business or industrial districts may be located
within the rear yard setback, provided that the lot is not a through lot and said
• accessory building does not occupy more than 25% of the required rear yard. An
7
accessory building shall be a part of the principal building if it is located less than
• twelve (12) feet from the principal building. No accessory building shall be
located less than ten feet from a rear lot line.
i. Utility structures and other similar buildings shall conform to the following
standards in residential districts:
1. All structures shall require a building permit.(Amended by Ordinance
0-91-13, November 27,1991)
2. All such structures shall be secure from wind displacement.
3. The area of such buildings shall not be less than thirty-five (35) square
feet. Only one such building shall be permitted per lot and permitted only
within the single family districts.
4. The height of detached building shall not exceed twelve (12) feet. If
attached, the structure shall not exceed the height of the
principal building.
5. Exterior colors or materials matching the principal structure or earthen tones
shall be utilized. No door or other access opening in a utility structure shall
• exceed twenty-eight (28) square feet in area.
j. One accessory structure for compost not to cover more than twenty-five (25) square
feet in area and five (5) feet in height in the rear yard. A compost structure that meets
this requirement, 9-2.04, Subdivision 1(c) and 9-4.01, Subdivision 3(k) does not require a
Permitted Accessory Use Permit. A larger composting structure requires a Permitted
Accessory Use. (Adopted by Ordinance 0-89-16, November 8,1989.)
k. When an attached garage is converted to dwelling space, a replacement garage of the
same or greater size must be constructed on the property. Furthermore, the existing
driveway leading to the converted garage must be replaced with grass or approved
landscaping materials unless the driveway provides access to the new garage.
1. No property located on an alley shall be permitted a new curb cut for street access.
Subdivision 2. S ecific.
a. Dwellin Unit: No accessory building or structure shall be used for living purposes or
as a dwelling unit.
b. Area: Detached accessory buildings shall not occupy more than 40 percent of the area
of a required rear yard; and shall not exceed a total of 1,000 sq. ft. Amended Ordinance
0-89-12 (7/26/89).
• c. Minimum Clearance: The minimum distance between the principal building and an
unattached accessory building shall be five feet.
d. Through Lot: The minimum setback from the rear lot line of a through lot shall be
thirty (30) feet. (Amended by Ordinance 0-89-12, 7/26/89)
e. Corner Lots: The required setbacks shall apply to all types of corner lots as well and
such accessory buildings shall also adhere to any front or side yard setbacks as may be
applicable to any principle building on such lots from both streets.
f. Tents: A tent is not an approved accessory building and may not be used as a dwelling
unit on any lot.
g. Detached Garages. Detached garages in a residential district must be located
entirely within the rear 30 feet of the lot when accessed off an alley.
9-2.05 Reauired Yards and Onen Spaces
Subdivision 1. Existing: No yards, now or hereafter provided for a building existing on
the effective date of this code shall subsequently be reduced below, or further reduced if
already less than, the minimum yard requirements of this code for equivalent new
. construction in any zone.
Subdivision 2. Permitted Encroachments on Required Yards• The following shall be
permitted encroachments into setback
and height requirements except as restricted by other sections of this code.
a. In any yards: posts, off street parking, flues, sills, pilasters, lintels, cornices,
eaves (up to three (3) feet), gutters, awnings, open terraces, steps, sidewalks,
essential services, stoops, or similar features provided they do not extend five
(5) feet above the height of the principal structure or to a distance less than
three (3) feet from any lot line nor less than one (1) foot from any existing or
proposed driveway; yard lights and nameplate signs, trees, shrubs, plants;
floodlights or other sources of light illuminating authorized illuminated signs,
or light standards for illuminating parking areas, loading areas, or yard for
safety and security reasons, provided the direct source of light is not visible
from the public right of way or adjacent residential property. Further no
deck, uncovered porch, or air conditioner, shall be less than five (5) feet from
a side or rear yard line, and if in the required front yard, a variance shall be
required. An exposed ramp is a permitted encroachment, provided that a
setback of at least five feet in the side and rear yard is met and the design and
materials are approved by the Zoning Administrator as being in harmony
with the surrounding residential neighborhood and the documented medical
needs of the user. Chimneys, flag poles and open fire escapes may not
extend more than five (5) feet above the principal structure or three (3) feet
from any lot line.
9
b. Inside and rear yards, fences that meet all other provisions of the zoning code;
walls and hedges six (6) feet in height or less; bays not to exceed a depth of three (3)
feet or containing an area of more than thirty (30) square feet, fire escapes not to
• exceed a width of three (3) feet.
c. On a corner lot; nothing shall be placed or allowed to grow in such a manner as
materially to impede vision between a height of two and one half (2 1/2) and ten
(10) feet above the centerline grades of the intersecting streets within a triangular
area thirty (30) feet from the intersecting street right of way lines.
d. In no event shall off street parking, structures of any type, buildings, or other
improvements cover more than seventy five percent (75%) of the lot areas. In no
event shall the landscaped portion of the lot be less than twenty five percent (25%)
of the entire lot as a result of permitted encroachments.
Subdivision 3: Street Frontage. All buildable lots must have frontage on
and direct access to an improved public street except for Planned Unit
Developments in which private streets have been approved by the city.
(Added by ordinance 99-OS)
9-2.06 Fences
Subdivision 1. Fences may be allowed in any zone and are subject to the following:
a. All fences shall be kept in good repair, painted, trimmed and well maintained.
In the event a front yard fence is adjacent to and parallel with the front lot line (or
side lot line on the street side of a corner lot), such fence shall be set-back at least
one (1) foot from the street R/W or property line.
b. Solid walls in excess of six (6) feet above adjacent ground grades shall be
prohibited.
c. That side of the fence considered to be the face (finished side as opposed to
structural supports) shall face abutting property.
d. All fences shall require a building permit in addition to any other required
permits.
e. No fences shall be permitted on public rights-of--way.
f. Fences may be permitted along property lines subject to the following:
1. Fences may be placed along property lines provided no physical
damage of any kind results to abutting property.
2. Fences in commercial and industrial districts may be erected on the lot
line to a height of six (6) feet plus two (2) feet fora security (barbed wire
or other) arm.
3. Where the property line is not clearly defined, a certificate of survey
may be required by the Zoning Administrator to establish the property
line.
io
• 4. Fences located within the side and rear yard non-buildable setback
areas beginning at the rear building line and fences located within the
buildable area of a lot shall not exceed six (6) feet in height from finished
grade.
5. In residential districts, no fence along or within the front non-buildable
setback area shall be in excess of thirty-six (36) inches in height.
Height Limitations
Subdivision 1. Height Limitations
Any structural height that exceeds the zoning code must have a conditional use permit.
a. Exempt_
1. Height limitations shall not apply to belfries, cupolas and domes, monuments,
public and public utility facilities, silos, barns, church spires, chimneys,
smokestacks, flag poles, and parapet walls extending not more than four feet
above the limiting height of the building.
• 2. Height limitations shall not apply to roof top structures such as mechanical
equipment, elevator shaft and equipment enclosures and similar structures,
provided said exceptions do not exceed ten (10) feet in height above the roof line
and the area does not exceed fifteen percent (15%) of the roof area.
b. Airport:
In all cases, however, no structure shall violate the limits and provisions of
the Airport Plan of the Metropolitan Development Guide.
Subdivision 2. Telecommunication Towers and Antennas
a. Purpose: In order to accommodate the communication needs of
residents and businesses while protecting the public health, safety, and
general welfare of the community, the Council finds that these regulations
are necessary to:
(1) Maximize the use of existing and approved towers and buildings to
accommodate new personal wireless service antennas in order to reduce
the number of new towers necessary to serve the community;
(2) Ensure antennas and towers are designed, located, and constructed
in accordance with all applicable code requirements to avoid potential
11
damage to adjacent properties from failure of the antenna and tower
through structural standards and setback requirements;
(3) Require antennas and tower sites to be secured in order to
discourage trespassing and vandalism; and
(4) Require tower equipment to be screened from the view of persons
located on properties contiguous to the site and/or to be camouflaged in a
manner to compliment existing structures to minimize adverse visual
effects of antennas and towers.
b• Permits:
(1) It shall be unlawful for any person, firm, or corporation to erect, construct,
place or re-erect, replace, or make structural repairs to any tower without
first making application for and securing a building permit as provided in
this Code, except as provided in paragraph (3) below.
(2) The applicant shall provide a report from a qualified and licensed
professional engineer which demonstrates the tower's compliance with all
applicable structural and electrical standards, including but not limited to
the Minnesota State Building Code, and includes the engineer's
• certification.
(3) Permits are not required for:
(3a) Adjustment, repair, or replacement of existing antennas or the
elements of an antenna array affixed to a tower or antenna,
provided that adjustment or replacement does not reduce the safety
factor.
(3b) Routine maintenance (e.g. painting) and other nonstructural related
repairs of towers.
(3c) Antennas and/or towers erected temporarily for test purposes, for
emergency communication, or for broadcast remote pick-up
operations, provided that all requirements of Paragraph (5) are met,
with the exception of subparagraph (Sh) (regarding corrosive
material) which is waived. Temporary antennas shall be removed
within seventy-two (72) hours following installation, unless
additional time is approved by the Building Official. Temporary
towers erected for emergency purposes may be exempt from
setback requirements of this subdivision as determined by the
Building Official.
. (4) The fee to be paid is that prescribed under Building Permit Fees.
12
(5) Construction Requirements. All antennas and towers erected, constructed,
or located within the City, including all necessary wiring, shall comply
with the following requirements:
(Sa) All applicable provisions of this Code.
(Sb) Towers and their antennas shall be certified by a qualified and
licensed professional engineer to conform with the latest structural
standards and wind loading requirements of the Uniform Building
Code and the Electronics Industry Association and all other
applicable reviewing agencies.
(Sc) With the exception of necessary electric and telephone service and
connection lines approved by the City, no part of any antenna or
tower nor any lines, cable, equipment, or wires or braces in
connection with either shall at any time extend across or over any
part of the right-of--way, public street, highway, sidewalk, or
property line.
(Sd) Towers and their antennas shall be designed to conform with
accepted electrical engineering methods and practices and to
• comply with the provisions of the National Electrical Code.
(Se) Antennas which are directly mounted to the ground, or which are
mounted in any other way which would allow an individual to
easily make contact with the active element, shall be shielded or
fenced to reduce its shock hazard.
(Sf) All towers shall be constructed to conform with the requirements
of the Occupational Safety and Health Administration.
(Sg) All towers shall be reasonably protected against unauthorized
climbing.
(Sh) Antennas and towers may only be erected in accordance with
applicable zoning restrictions.
(Si) Towers shall be constructed of corrosive resistant metal material.
(Sj) Persons responsible for all communication towers and their
antennas shall maintain a general liability insurance policy that
provides coverage from any damage to property or injuries to
persons caused by collapse of the tower. Said insurance policy
shall provide coverage on an occurrence basis in an amount no less
• than one million dollars ($1,000,000.00).
13
c. Inspections: All towers may be inspected at least once each year by an official of
the City to determine compliance with original construction standards.
Deviations from original design for which a permit is obtained constitutes a
violation of this Section.
Notice of violations shall be sent by registered mail to the owner of the property and the
owner shall have thirty (30) days from the date the notification is issued to make repairs. The
owner shall notify the City that the repairs have been made, and as soon as possible thereafter,
another inspection shall be made and the owner notified of the results.
d. Height and Zoning District Restrictions:
(1) Tower Height Determination. The height of towers shall be determined by
measuring the vertical distance from the tower's point of contact with the
ground to the highest point of the tower, including all antennas or other
attachments. When towers are mounted upon other structures, the
combined height of the structure, the tower, the antenna, and all
attachments must meet the height restrictions of this Section.
(2) Antenna Height Determination. Antenna height includes the height of the
antenna from the base of the antenna to the peak and all other attachments.
• (3) Zoning district restrictions and maximum heights for towers and antennas
are as follows:
(3a) Rooftop Antennas 10 feet or less in height are a permitted use in
all zoning districts except that commercial antennas are not
permitted in an R-1 zone.
(3b) Towers or antennas no more than 110 feet in height are a permitted
use in a P-1/R1 zone except on the elementary school property
located at 1393 Garden Avenue.
(3c) Towers or antennas over 10 feet in height but no more than 110
feet in height are a conditional use in P-1 and B-2 zones if the
property does not abut R-1 zoned property.
(3d) Non-freestanding towers and non-freestanding antennas over ten
feet in height, which are attached to a structure over forty-five (45)
feet in height are a conditional use in all zoning districts under the
following conditions:
(3di) the tower and antennas are located upon structures
allowed as principal or conditional uses in the underlying
• zoning district or upon public structures.
14
(3dii) the tower and antennas are limited to a height of fifteen
(15) feet projecting above the structure. The city may
permit antenna heights of up to twenty-five (25) feet above
the structure if the applicant can demonstrate that, by a
combination of tower or antenna design, positioning of the
structure or by screening erected or already in place on the
structure, off-site views of the antenna are minimized.
(3e) Amateur Radio Antennas. In accordance with the preemption
ruling PRB 1 of the Federal Communications Commission, towers
supporting amateur radio antennas that comply with all other
requirements of this Section are exempted from the height
limitations of this Section, provided that such height is technically
necessary to receive and broadcast amateur radio signals, and does
not exceed 70 feet total height.
e. Site Location and Setbacks. In residential and business districts towers and
antennas must be located in the rear yard. In all districts, towers and antennas shall conform
with each of the minimum setback requirements:
(1) Towers shall meet the principal structure setbacks of the underlying
• zoning district except that towers and antennas must be set back one foot
from all property lines for each foot of tower and/or antenna.
(2) Towers shall not be located between a principal structure and a public
street.
(3) A tower or antenna setback may be reduced through a conditional use
permit, at the sole discretion of the City Council, to allow the integration
of a tower into an existing or proposed structure such as a church steeple,
light pole, public communications tower, power line support device, or
similar structure. The term "integration" may include replacement of an
existing structure to include a personal wireless service provider, but does
not include replication of a structure.
(4) Only one tower shall exist at any one (1) time on any one (1) parcel,
unless additional towers or antennas could be incorporated into existing
structures such as a church steeple, light pole, power line support device,
public communications building or other similar structure.
f. Lighting. Towers shall not be illuminated by artificial means and shall not
display strobe lights unless such lighting is specifically required by the Federal Aviation
Administration or other federal or state authority for a particular tower. When incorporated into
the approved design of the tower for camouflage purposes, light fixtures used to illuminate ball
• fields, parking lots, or similar areas may be attached to the tower.
15
S g. Signs and Advertising. No signage, advertising, or identification of any kind
intended to be visible from the ground or other structures is permitted, except applicable warning
and equipment information signage required by the manufacturer or by Federal, State, or local
authorities.
h. Accessory Utility Buildings. All utility buildings and structures accessory to a
tower shall be architecturally designed to blend in with the surrounding environment and shall
meet the minimum setback requirements for accessory structures of the underlying zoning
district. Ground mounted equipment shall be screened from view by suitable vegetation, except
where a design ofnon-vegetative screening better reflects and complements the architectural
character of the surrounding neighborhood.
i. Design Standards. Proposed or modified towers and antennas shall meet the
following requirements:
(1) Towers and antennas (including antenna cables) shall be designed to blend
into the surrounding environment to the maximum extent possible as
determined by the City through the use of building materials, colors,
texture, screening, landscaping, and other camouflaging architectural
treatment, except in instances where the color is dictated by federal or
• state authorities such as the Federal Aviation Administration;
(2) Personal wireless service towers shall be of a monopole design unless the
City Council determines that an alternative design would better blend in to
the surrounding environment.
j. Co-Location Requirement. All personal wireless service towers erected,
constructed, or located within the City shall comply with the following requirements:
(1) A proposal for a new personal wireless service tower shall not be
approved unless the City Council finds that the telecommunications
equipment planned for the proposed tower cannot be accommodated on an
existing or approved tower or building, that is greater than 60 feet in
height, within aone-quarter (1 /4) mile search radius for towers less than
one hundred ten (110) feet in height or a one-half (1/2) mile search radius
for towers equal to or greater than one hundred ten (110) feet in height of
the proposed tower due to one or more of the following reasons:
(a) The planned equipment would exceed the structural capacity of the
existing or approved tower or building as documented by a qualified and
licensed professional engineer, and the existing or approved tower cannot
be reinforced, modified, or replaced to accommodate planned or
equivalent equipment at a reasonable cost.
•
16
• (b) Existing or approved towers and buildings within the search radius
cannot accommodate the planned equipment at a height necessary to
function reasonably as documented by a qualified radio frequency
engineer.
(c) Other unforeseen reasons that make it infeasible to locate the planned
telecommunications equipment upon an existing or approved tower or
building.
(2) The applicant must demonstrate that a good faith effort to co-locate on
existing towers and structures was made, but an agreement could not be
reached.
(3) Any proposed personal wireless service tower shall be designed,
structurally, electrically, and in all respects, to accommodate both the
applicant's antennas and comparable antennas for at least two (2)
additional users if the tower is over ninety (90) feet in height or for at least
one (1) additional user if the tower is over sixty (60) feet in height.
Towers must be designed to allow for future rearrangement of antennas
upon the tower and to accept antennas mounted at varying heights.
k. Antennas Mounted on Roofs, Walls, and Existing Towers. The placement of
• commercial antennas on roofs, walls, and existing towers may be approved by the City, with a
conditional use permit, provided the antennas meet the requirements of this Code. In addition to
the submittal requirements required elsewhere in this Code, and an application for a building
permit for antennas to be mounted on an existing structure shall be accompanied by the
following information:
(1) A site plan showing the location of the proposed antennas on the structure
and documenting that the request meets the requirements of this Code;
(2) A building plan showing the construction of the antennas and the proposed
method of attaching them to the existing structure, and documenting that
the request meets the requirements of this Code;
(3) Certification by a qualified and licensed professional engineer indicating
the existing structure or tower's ability to support the antennas.
1. Existing Antennas and Towers. Antennas and towers in residential districts and
in existence as of the effective date of this Ordinance which do not conform or comply with this
Section are subject to the following provisions:
(1) Towers may continue in use for the purpose used and existing as of the
effective date of this Ordinance, but may not be replaced or structurally
altered without complying in all respects with this Section.
• 17
• (2) If such towers are subsequently damaged or destroyed due to any reason
or cause whatsoever, the tower may be repaired and restored to its former
use, location, and physical dimensions upon obtaining a building permit
for the repair or restoration, but without otherwise complying with this
Chapter, provided, however, that if the cost of repairing the tower to the
former use, physical dimensions, and location would be fifty percent or
more of the cost of a new tower of like kind and quality, then the tower
may not be repaired or restored except in full compliance with this
Chapter.
m. Abandoned or Unused Towers or Portions of Towers. All abandoned or
unused towers and associated facilities shall be removed within twelve (12) months of the
cessation of operations at the site unless a time extension is approved by the City. In the event
that a tower is not removed within twelve (12) months of the cessation of operations at a site, the
tower and associated facilities may be removed by the City and the costs of removal assessed
against the property. After the facilities are removed, the site shall be restored to its original or
an improved state.
n. Interference with Public Safety Telecommunications. No new or existing
telecommunications service shall interfere with public safety telecommunications.
o. Additional Submittal Requirements.
• (1) In addition to the information required elsewhere in this Title for an
application for a Building Permit for towers and their antennas,
applications for conditional use permits for such towers shall include the
following supplemental information:
(la) A report from a qualified and licensed professional engineer
which does the following:
(1 al) describes the tower height and design including a cross
section and elevation;
(lag) documents the height above grade for all potential
mounting positions for co-located antennas and the minimum
separation distances between antennas;
(1 a3) describes the tower's capacity, including the number and
type of antennas that it can accommodate; and
(lb) For all personal wireless service towers, a letter of intent
committing the tower owner and his or her successors to allow the
shared use of the tower if an additional user agrees in writing to
meet reasonable terms and conditions for shared use, so long as
• 18
• there is no negative structural impact upon the tower and there is
no disruption to the service provided.
(2) Before the issuance of a building permit, the following supplemental
information shall be submitted:
(2a) Confirmation that the proposed tower complies with the
requirements of the Federal Aviation Administration, Federal
Communications Commission, and any appropriate state review
authority or that the tower is exempt from those regulations; and
(2b) A report from a qualified and licensed professional engineer which
demonstrates the tower's compliance with the applicable structural
and electrical, but not radio frequency, standards as required under
Section 4-7-2(B) and (E) of the Falcon Heights City Code.
p. Exemptions. The following antennas are exempt from the requirements under
this Section except as otherwise provided in this paragraph:
(1) Satellite earth station antennas no more than 10 feet in height that are two
(2) meters or less in diameter and located or proposed to be located in a
Business District;
(2) Antennas designed to receive signals as follows:
(2a) Antennas that are one (1) meter or less in diameter and that are
designed to receive direct broadcast satellite service, including
direct-to-home satellite services;
(2b) Antennas that are one (1) meter or less in diameter and that are
designed to receive video programming services via multipoint
distribution services, including multichannel multipoint
distribution services, instructional television fixed services, and
local multipoint distribution services; or
(2c) Antennas designed to receive television broadcast signals.
(2d) Antennas exempted under this section are subject to the following
requirements:
(2d1) Antennas (including antenna cables) shall be designed to
blend into the surrounding environment through the use of
appropriate colors, except in instances where the color is
dictated by federal or state authorities such as the Federal
Aviation Administration;
19
• (2d2) No lighting, signage, advertising, or identification of any
kind intended to be visible from the ground or other
structures is permitted, except applicable warning and
equipment information signage required by the
manufacturer or by Federal, State, or local authorities;
(2d3) Antennas and any guy wires or guy wire anchors shall not
be erected within a public or private utility and drainage
easements, and shall be set back a minimum of five (5)
feet from all lot lines;
(2d4) Antennas shall meet the setback requirements specified
under this chapter and, to the extent feasible, placed in a
position that is not visible from the street, unless placement
in accordance with these requirements would impair
reception of an acceptable signal;
(2d5) Ground mounted antennas shall not exceed 10 feet in
height and all other antennas must meet the height
limitations in this chapter, unless the applicable height
limitation would impair reception of an acceptable signal;
in which case, antennas shall be limited to the maximum
• height necessary to obtain an acceptable signal;
(2d6) Antennas shall not be constructed, installed, or maintained
so as to create a safety hazard or cause damage to the
property of other persons;
(2d7) With the exception of necessary electric and telephone
service and connection lines approved by the City, no part
of any antenna nor any lines, cable, equipment, or wires or
braces in connection with the antenna shall at any time
extend across or over any part of the right-of--way, public
street, highway, sidewalk, or property line;
(2d8) Antennas, masts, and supporting cables shall conform with
the latest structural standards and wind loading
requirements of the Uniform Building Code and the
Electronics Industry Association and any other applicable
reviewing agencies.
(3) Residential District Standards. Satellite earth station antennas no more
than 10 feet in height, and satellite earth station antennas in excess of one
(1) meter in diameter and antennas designed to receive direct broadcast
services or multichannel multipoint distribution services in excess of one
(1) meter in diameter may be allowed as a conditional use within the
20
• residential zoning districts of the City and, in addition to the requirements
of this Section, shall comply with the following standards:
(3a) The lot on which the antenna is located shall be of sufficient size to
assure that anobstruction-free receive window can be maintained
within the limits of the property ownership;
(3b) Except where the antenna is screened by a structure exceeding the
antenna height, landscape buffering and screening shall be
maintained on all sides of the antenna in a manner in which growth
of the landscape elements will not interfere with the receive
window;
(3c) The antenna is not greater than three (3) meters in diameter; and
(3d) The conditional use permit provisions of this Chapter are
considered and determined to be satisfied.
(4) Business and Special Purpose District Standards. Satellite earth station
antennas in excess of two (2) meters in diameter and antennas designed to
receive direct broadcast services or multichannel multipoint distribution
services in excess of one (1) meter in diameter are allowed as a
• conditional use within the B-1, B-2, B-3, P- l , P-1 /R-1, and P-1 /B2
districts of the City and, in addition to the requirements of this Section,
shall comply with the following standards:
(4a) The lot on which the antenna is located shall be of sufficient size to
assure that an obstruction free transmit-receive window or
windows can be maintained within the limits of the property
ownership;
(4b) Except where the antenna is screened by a structure exceeding the
antenna height, landscape buffering and screening shall be
maintained on all sides of the antenna in a manner in which growth
of the landscape elements will not interfere with the transmit-
receive window; and
(4c) The conditional use permit provisions of this Title are considered
and determined to be satisfied.
q. Violations. Any person who shall violate any of the provisions of this Section
shall be guilty of a misdemeanor.
9-2.08 Essential Services. Essential services as defined herein shall be permitted as authorized
and regulated by State law and Code of the City of Falcon Heights, except as
further regulated herein.
21
9-2.09 Annexed Territory. Areas being annexed shall be appropriately zoned in accordance
with the Comprehensive Municipal Plan at the time of annexation. Pending
official zoning action by the City Council, all annexed land shall be considered as
zoned "R-1."
9-2.10 Land Reclamation. Land reclamation as defined herein shall be permitted only by
conditional use permit in all districts.
9-2.11 Mi_ Wing. Mining as defined herein shall be permitted only by conditional use permit.
9-2.12 Conformance with Regulations Upon application for a building permit, a detailed site
and development plan, if applicable, shall be submitted to the Zoning
Administrator indicating conformance with regulations of this Chapter. Plan
submission requirements shall be as noted herein and as may be requested by the
Zoning Administrator.
9-2.13 Firewood Storage
Subdivision 1. Scope:
This ordinance applies to the storage of wood on residential properties within the City of
• Falcon Heights. The ordinance shall apply to any wood or wood product usually used or
intended to be used as firewood.
Subdivision 2. Conditions of Storage. To protect the public health and safety, wood
piles must be erected, located, and maintained in a safe and orderly fashion:
a. in neat and secure stacks;
b. the maximum height allowed for the woodpile is six feet;
c. no wood shall be stored within the required minimum area of setback from the
street right-of--way;
d. no wood shall be stored in a front yard which is commonly considered the
front yard.
Subdivision 3. Exemptions. Wood stored or kept in a covered structure impervious to
the elements is exempt from the conditions outlined in Section 2.
Subdivision 4. Existing Woodpiles. Any woodpile in existence as of the date of the
passage of this ordinance which does not comply with the provisions of this ordinance
must be moved or placed in compliance within 90 days after written notice to comply has
been given to the occupant of the residence by the zoning administrator. Such notice
22
shall be in writing and shall be served upon the property owner either in person or by
mail.
Subdivision 5. Penalties. Any person who shall violate any provision of this ordinance
shall, upon conviction thereof, be deemed guilty of a misdemeanor.
9-2.14 Land Develoument Charges.
All applicants for the issuance of any permit or final plan approval shall pay in
addition to the fees and charges for platting, subdividing, rezoning, and the
permits for variances for land development or redevelopment within the city, all
out-of-pocket expenses incurred by the city in employing the services of any
engineer, legal counsel, or other professional consultants with regard to reviewing
said plat, subdivision, application for rezoning and conditional use permit or
variance.
9-2.15 Uniform Building Code
Subdivision 1. The latest edition of the Uniform Building Code (hereinafter "Building
Code"), copyrighted by the International Conference of Building Officials, together with
all future amendments thereto, save and except such portions as are hereinafter modified
or amended by subdivision 2 herein is adopted and incorporated as fully as if set out at
. length herein, and the same shall be controlling within the City of Falcon Heights. Not
less than one (1) copy of the building code has been marked as the official copy and is
filed in the office of the Clerk.
Subdivision 2. Building Permit Fees.
a. Section 301 of the Building Code is hereby deleted and the following is
inserted in lieu thereof: Section 301. Permits Required. All persons, firms or
corporations erecting, constructing, enlarging, altering, repairing, moving,
improving, removing, converting or demolishing any improvement, building or
structure in the city or causing the same to be done must obtain a separate
building permit for each improvement, building or structure from the building
inspector. This section shall also apply to all driveways, parking lots, fences and
signs.
b. Section 304 of the Building Code is hereby deleted and the following is
inserted in lieu thereof: (Amended
4/14/93, Ordinance 0-93-03)
304(a). Definition of Cubic Feet. Cubic feet means the total volume
included within the surrounding exterior walls of a building or portion
thereof, from the basement floor to the roof line.
•
23
304(b). Buildin Permit Fees Section 304 of the Uniform Building Code
is hereby adopted together with all future amendments thereto. Said
section shall also include the following: Wreckin
• feet of structure, $1.25 (minimum $50.00). Fees for fencesudr vewa s
parking lots, and signs will be based upon Table 3-a of the Uniform y
Building Code. All other fees shall be based upon the value of the
improvement as set forth in Table 3-a of the Building Code.
304(c). Plan-rhP..king Feec When the Building Inspector determines
that the value of the improvement exceeds $1,000 and a plan or othe
is required to be submitted by the Building Code, a plan checking fee shall
be paid to the Zoning Administrator's office at the time of submitting
plans or other data. The plan checking fee shall equa165 percent of the
building permit fees.
Where plans are incomplete, or changed so as to require additional plan
checking, an additional plan check fee shall be charged at a rate
established by the Building Inspector.
304 d . Ex iration of Plan Check. The plan check becomes null and void
if the work or construction authorized is not commenced within 120 days
or such work or construction is commenced but then abandoned for a
period of 120 days or more. In order to renew application after expiration,
the applicant shall resubmit plans and pay a new plan-check fee.
~e--_T}~9±a
Repealed in its entirety, Ordinance 0-93-3, 4/14/93
304 .Doubled Fees. Where work for which a permit is required is
commenced prior to obtaining a permit, the above specified fees shall be
doubled, but the payment of such double fee shall not relieve any persons
from fully complying with the requirements of this ordinance in the
execution of the work nor from any penalties prescribed herein.
Subdivision 3. Automatic Fire Su ression S stems. The optional Appendix E to the
State Building Code entitled "Automatic Fire Suppression Systems" is included in the
building code of the city.
24
• PA 9-3.01, 3.02
RT 3. ZONING DISTRICTS AND MAP
9-3.01 Districts
Subdivision 1. The City of Falcon Heights is hereby divided into the
following use districts and groups of use districts.
a. Residential Districts
"R-1"One Family Residential District
"R-2" One and Two Family Residential District
"R-3" Low Density Multiple Family District -Townhouses
"R-4" Medium Density Multiple Family District -
Apartment Buildings
b. Business Districts
"B-1"Limited Business District
"B-1-A" Limited Business and Processing District
"B-2" Retail Business District
"EB" Existing Business
• c. Special Purpose Districts
Planned Unit Development
Public Land
Concentrated or Central Business District
9-3.02. Zoning District Map
The boundaries of the above districts are hereby established as shown on
that certain original map entitled Zoning Map, City of Falcon Heights,
Minnesota, which map is properly approved and filed, hereinafter referred
to as the "Zoning Map". Said map and all of the notations, references and
other information shown thereon shall have the same force and effect as if
fully set down herein and are hereby incorporated by reference and made a
part of this chapter. A copy of this map is attached to the code.
The district boundary lines on said map are intended to follow street right-
of-way lines, street centerlines or lot lines unless such boundary line is
otherwise indicated on the map. In the case of unsubdivided property or in
any case where street or lot lines are not used as boundaries, the district
boundary lines shall be determined by use of dimensions or the scale
•
appearing on the map. Whenever any street or public way is vacated, an
zoning district line following the centerline of said vacated street or wa
shall not be affected by such vacation. y
Y
When any conditional use permit is issued which affects any zonin
district in a substantial way, said permit shall be coded and noted nth
zoning district map by the Zoning Administrator so as to clearly indicate
the use so permitted which may not otherwise be clearly evident from
map or text of this Chapter. the
2
9-4.01
PART 4. ONE FAMILY RESIDENTIAL DISTRICT
9-4.01 One Famil ~~R-1"
Subdivision 1. Permitted Uses. Within any "R-1"One-Family
Residential District, no structure or land shall be used except for one or
more of the following uses:
a. One family detached dwellings.
b. Agricultural (farm, suburban) land use not involving an
open retail sales lot of products on the premises.
Subdivision 2. Conditional Uses. Within any "R-1"One Family
Residential District, no structure or land shall be used for the following
uses except by conditional use permit:
a. Public parks and playgrounds.
b. Schools, provided no buildings shall be located within fifty
(50) feet of any lot line of an abutting lot in an "R" use
• district. Any fence erected around a play area shall be not
less than fifteen (15) feet from a street line when said fence
would be across the street from an "R" use district.
c. Churches, including those related structures located on the
same site which are an integral part of the church proper,
convents or homes for persons related to a religious
function on the same site provided no more than ten (10)
persons shall reside on the site and no building shall be
located within thirty (30) feet of any lot line of an abutting
lot in an "R" use district.
d• Municipal buildings and structures, excluding storage of
maintenance equipment and trucks over 1 '/z tons,
stockpiling of aggregate and open storage of material, but
including firefighting apparatus, provided these shall not be
located within thirty (30) feet of any lot line of an abutting
lot in an "R" use district.
e. Farming operations not involving the construction of new
buildings or the keeping of farm animals.
f. Essential service structures, provided no building shall be
located within fifty (50) feet from any lot line of an
1
• abutting lot in an "R" use district. The architectural design
of service structures should be compatible to the
neighborhood in which they are to be located.
g. Golf courses, country clubs, tennis clubs, public swimming
pools serving more than one (1) family.
h. Off-street parking -when the proposed site of the off-street
parking abuts on a lot which is in a "B" district and subject
to those conditions set forth in Section 9-13.04 and such
other conditions as found necessary by the council to carry
out the intent of this Code. However, such off-street
parking shall be permitted as a conditional use in any "R-1"
One Family Use District for church parking purposes.
Room and/or Board for up to 4 persons.
j. Home occupations not meeting the definitions and
requirements of Falcon Heights code 9-14.01, Subd. 24.
Subdivision 3. Permitted Accesso Uses No accessory structures
or use of land shall be permitted except for one or more of the
following uses:
a. Home occupations meeting the definitions and requirements of
Falcon Heights code 9-14.01, Subd. 24.
b. Private tennis court, provided no portion of the paved or fenced
area is within a required front yard or less than 10 feet from a
property line.
c. One private garage or carport and parking space as regulated in 9-
2.04.
d. Private automobile repair or reconditioning as regulated in 9-13.07.
e. Gardening and other horticultural uses where no retail sale of
products is conducted on the premises.
f. Keeping of domestic pets as required in the Code.
g. Signs as provided in Subdivision 6 of this section.
h. Decorative landscape features and fences as regulated herein.
2
• i. Accessory buildings other than detached private garages as
regulated herein. The design and placement of the accessory
buildings must be approved by the planner as being in harmony
with the surrounding residential neighborhood. (Amended by
ordinance 91-13, November 27, 1991).
Buildings temporarily located for purposes of constructing on the
premises for a period not to exceed the time necessary for such
construction (approved by zoning administrator).
k. One compost area, or one compost structure as defined in 9-2.04,
Subd. 1(j), of leaves, grass clippings, and plant trimmings, (not
including fruits and vegetables) not to cover more than twenty-five
(25) square feet in area and five (5) feet n height in the rear yard.
A larger composting area requires a Permitted Accessory Use
Permit. The compost shall be maintained according to accepted
composting practices for the residential yard. Adopted by
ordinance 89-16, November 8, 1989).
1. Garage and residential boutique sales limited to four sales each
calendar year per residential unit, not to exceed ten consecutive
days or two consecutive weekends each. (Amended by ordinance
• 91-2, January 23, 1991.)
Subdivision 4. Lot Area, Height, Lot Width and Yard Requirements
a. No structure or building shall exceed two (2) stories or twenty-five
(25) feet in height above ground level, whichever is lesser in
height, except as provided in section 9-2.07 of this Chapter.
b. Aside yard abutting a street shall be at least 20 percent of the
width of the lot.
c. The following minimum requirements shall be observed subject to
the additional requirements, exceptions and modifications as set
forth in this section and section 9-2.03.
Rear Front Side
Yard Lot Area Lot Width Yard Yard
30' 10,000 sq.ft. 75' interior lot 30' S'
90' corner
Flexibility may be provided by allowing the side yard to be decreased to a
• minimum of three feet if a maintenance easement is recorded on the deeds of all
. affected properties. (No fences or significant landscaping could be installed in the
easement areas.) (Amended by ordinance 89-12, 7/26/89)
Subdivision 5. Off-Street Parking and Loading (see also "Design and
Performance -Standards for Off Street Parking")
a. Regulation ofoff-street parking and loading spaces in this Code is to
alleviate or prevent congestion of the public right-of--way and to promote
the safety and general welfare of the public by establishing minimum
requirements for off-street parking, loading and unloading from motor
vehicles in accordance with the utilization of the various parcels of land
and structures.
b. Permits prior to effective date -structures or uses for which a building
permit has been issued prior to the effective date of this Code, but for
which work has not been completed shall be exempt from the hereinafter
stated parking requirements if the structure is completed within six (6)
months after the effective date of this Code.
c. Surfacing and drainage. Off-street parking areas shall be improved
with a durable and dustless paved surface. Such areas shall be so graded
and drained as to dispose of all surface water accumulation within the
• parking area.
d. Parking shall be permitted on hard surfaced areas designed for that
purpose and for providing access to garage, carport or open parking area
and provided that no driveway oroff-street open parking area shall be
located closer than five (5) feet from the property line on that side. The
five (5) feet of property known as the side yard shall be landscaped as
shall the remainder of the front yard applying to the residential portion of
the house and continuing to the far lot line removed from the access and/or
parking driveway. Parking shall not be permitted in any part of
landscaped yards, boulevards, grass portion of street right-of--way or other
such areas (except as allowed for boats and unoccupied trailers under
"exterior storage" provision of this code). And provided further that from
November 15 to April 1, the unsurfaced portion of the front yard of any
property in a residential district may be used for parking one passenger
vehicle registered in the name of a resident, if there is a single driveway,
and the vehicle is parked parallel to the driveway and on one uniform side
of the driveway, and the width of the parking area does not exceed eight
feet. For purposes of this Code a "passenger vehicle" shall mean a two or
four-door sedan or van used primarily for transporting passengers, and
shall not include pickups, trucks, campers, recreational vehicles or buses.
e. Number of off-street parking spaces. At least two (2) and not more
than four (4) parking spaces permitted for each dwelling unit. At least one
• of the parking spaces must be enclosed.
4
• f. Truck arkin in residential areas. No m
p g otor vehicle over one (1) ton
capacity bearing a commercial license and no commercially licensed
trailer shall be parked or stored in a residential district except when
loading, unloading, or rendering service. No campers, boats, trailers, or
snowmobiles shall be parked or stored in any front or side yard; boats and
unoccupied trailers meeting criteria for "exterior storage" under this code
may be stored in the rear yard.
g. One (1) family homes may utilize the public street for the loading and
unloading of furniture, moving trucks and other common and customary
activities associated with residential use, excluding service and repair of
vehicles except for the changing of tires, provided such activities do not
block street traffic, cause traffic congestion or hazards, or otherwise
constitute a public nuisance.
Subdivision 6. Signs. Signs are permitted only as follows:
a. For the purpose of selling, renting or leasing property, a sign not in
excess often (10) square feet in gross surface area may be placed within
the front yard, not less than fifteen (15) feet from a property line.
• b. Temporary poster signs for political advertising may be posted but
must be removed by those responsible for their being posted within ten
(10) days following the election for which the sign was posted.
c. One (1) name plate sign for each dwelling unit which shall not exceed
two (2) square feet in area per surface, and no sign shall have more than
two (2) display surfaces.
d. No sign shall be located within three (3) feet of the property line.
e. Churches, schools and other institutional users, allowed by virtue of
pre-existing or conditional use, may have an illuminated sign not
exceeding fifty (50) square feet in gross surface area. Temporary signs
advertising a special event may be posted after receiving a permit from the
Zoning Administrator, and such sign shall not be greater than seventy (70)
square feet in gross surface area, not less than thirty (30) feet from a
property line and shall not be displayed longer than thirty (30) days.
f. Address numbers four inches (4") on the house and alley side of garage
as required by 5-9.01 of this Code.
•
g. Signs other than those listed above shall require a conditional use
permit.
Subdivision 7. Swimmin Pools. As permitted in 9-14.01 Subd. 15.
Ordinance 0-99-09 dated 12/15/99 amends Chapter 9-4.01, Subd. 2, subparagraph "b" -Schools.
•
U
6
9-5.01
C
Part 5. "R-2" ONE & TWO FAMILY RESIDENTIAL DISTRICTS
9-5.01 One and Two Family "R-2"
Subdivision 1. Permitted Uses. No structure or land shall be used except for one or
more of the following uses:
a. One or two family detached dwellings.
b. All permitted uses in the "R-1" district.
Subdivision 2. Conditional Uses. No structure or land shall be used for the following
uses except by conditional use permit as permitted in the "R-1"district.
Subdivision 3. Permitted Accessory Uses No accessory structures or use of land shall
be permitted except for one or more of the following uses:
a. All accessory uses as permitted in the "R-1" district.
Subdivision 4. Lot Area, Height Lot Width and Yard Requirements The following
• minimum requirements shall be observed subject to any additional requirements,
exceptions or modifications as set forth herein.
a. 1-Family building As required in the "R-1 "District.
b. 2-Family building As required fora 1-family building except that any building
with two families shall have a minimum lot area of 12,500 square feet.
Subdivision 5. Off-Street Parking and Loading_ As permitted in the "R-1" district.
Subdivision 6. Si ns. As permitted in the "R-1" district.
Subdivision 7. Swimmin Pools As permitted in 9-14.01, Subd. 15.
Subdivision 8. Permitted Encroachments on Required Yards As permitted in the "R-1"
district.
Revised 9/2/93
1
9-6.01
• PART 6. "R-3" LOW DENSITY MULTIPLE FAMILY RESIDENTIAL
DISTRICT-TOWNHOUSES
9-6.01 "R-3, Multiple Family.
Subdivision 1. Permitted Uses. No structure or land shall be used except for one or
more of the following uses:
a. Any permitted use as permitted in the "R-1" and "R-2" district and as regulated
therein.
Subdivision 2. Conditional Uses. No structure or land shall be used for the following
uses except by conditional use permit:
a. Any conditional use permitted in the "R-1" and "R-2" Districts except that
Town House dwelling unit density shall not exceed eight (8) units per acre.
b. Conversion or enlargement of existing homes to accommodate 1, 2, 3 or 4
dwelling units.
Subdivision 3. Permitted Accesso Uses. The following uses shall be permitted
accessory uses:
• a. All accessory uses as permitted in the "R-1 ", "R-2" Districts.
b. Conversion or Enlargement as required by terms of a conditional use permit.
c. Town houses (not exceeding 8 dwelling units per acre). See performance
standards as permitted in Section 9-14.01.
Subdivision 4. Off-Street Parking and Loading.
a. Regulation ofoff-street parking and loading spaces in this Code is to alleviate
or prevent congestion of the public right-of--way and to promote the safety and
general welfare of the public by establishing minimum requirements for off-street
parking, loading and unloading from motor vehicles in accordance with the
utilization of the various parcels of land and structures.
b. Permits prior to effective date -structures or uses for which a building permit
has been issued prior to the effective date of this Code but for which work has not
been completed shall be exempt from the hereinafter stated parking requirements
if the structure is completed within six (6) months after the effected date of this
Code.
• c. Surfacing and Drainage. Off-street parking areas shall be improved with a
durable and dustless paved surface consisting of asphalt, concrete, or a reasonable
substitute surface as approved by the city engineer and capable of carrying
2
a minimum 5 ton axle load. Such areas shall be so graded alld drallled aS t0
dispose of all surface water accumulation within the parking area. All surfacing
must be completed prior to occupancy of the structure unless other arrangements
have been made with the Zoning Administrator.
• d. Location. All accesso off-str
ry eet parking facilities required herein shall be
located as follows:
1. Spaces accessory to multiple family dwellings on the same lot as the
principal use served and within two hundred (200) feet of the main
entrance to the principal building served. Parking as required by the
Building Code for the handicapped shall be provided.
2. Off-street parking spaces shall not be located on or project into a street
or alley right-of--way.
3. No driveway or off-street open parking area shall be located closer than
five (5) feet from an adjacent lot zoned or used for residential purposes.
4. Off-street parking space shall not be located within any required front
or side yard setback.
e. Parking s ap ces• Each parking space shall not be less than nine (9) feet wide or
twenty (20) feet in length exclusive of an adequately designed system of access
drives.
• Subdivision 5. Lot Area, Height, Lot Width and Yard Reuirements
a. No structure or building shall exceed three (3) stories, or thirty (30) feet,
whichever is lesser in height, except as provided in section 9-2 of this ordinance.
b. Aside yard abutting on a street shall not be less than thirty (30) feet in width,
and when a side yard of a multiple family structure abuts a single family
residence, the side yard shall not be less than twenty (20) feet.
c. The following minimum requirements shall be observed subject to additional
requirements except as a modification set forth in this section and section 9-2.
Lot Lot Front Side Rear
Dwelling Area Width Yard Yard Yard
1 bedroom 12,500 90' 30' 10' or 1/2 the 30'
unit sq.ft. height of the
building, which-
ever is greater
2 bedroom 12,500 90' 30' 10' or 1/2 the 30'
unit sq.ft. height of the
building, which
• ever is greater
3
•
*Lot area for single family residence may be reduced to 10,000 square feet.
Subdivision 6. Si ns. As permitted in the "R-1"district.
Subdivision 7. Swimmin Pools As permitted in the "R-1"district.
4
9-7.01
PART 7. "R-4" MEDIUM DENSITY MULTIPLE FAMILY RESIDENTIAL
DISTRICT-APARTMENT BUILDINGS
9-7.01 "R-4" Medium Density
Subdivision 1. Permitted Uses. None. All uses are conditional, as per below.
Subdivision 2. Conditional Use. Any conditional use as permitted in the "R-3" district
except that multi-family dwellings shall not exceed twelve (12) per acre.
Subdivision 3. Permitted Accessor~ses. Any permitted accessory use as permitted in
the "R-3" district.
Subdivision 4. Lot Area, Height, Lot Width and Yard Requirements
a. Buildings containing two (2) or more dwelling units not exceeding twelve (12)
dwelling units per acre.
b. See Performance Standards as permitted in Section 9-14.01 (or as required by
conditional use permit).
c. All requirements of the R-3 District shall also be required in this section.
• Revised 9/2/93
Subdivision 5. Off-Street Parking and Loading
a. Regulation ofoff-street parking and loading spaces in this Code is to alleviate
or prevent congestion of the public right-of--way and to promote the safety and
general welfare of the public by establishing minimum requirements for off-street
parking, loading and unloading from motor vehicles in accordance with the
utilization of the various parcels of land and structures.
b. Permits prior to effective date -structures or uses for which a building permit
has been issued prior to the effective date of this Code, but for which work has not
been completed shall be exempt from the hereinafter stated parking requirements
if the structure is completed within six (6) months after the effected date of this
Code.
c. Surfacing and Drainage. Off-street parking areas shall be improved with
adurable and dustless paved surface consisting of asphalt, concrete, or a
reasonable substitute surface as approved by the City engineer and capable of
carrying a minimum 5 ton axle load. Such areas shall be so graded and drained as
to dispose of all surface water accumulation within the parking area. All
surfacing must be completed prior to occupancy of the structure unless other
arrangements have been made with the Zoning Administrator.
5
d. Location. All accessory off street parking facilities required herein shall be the
same as in an "R-3" district.
• e. Parking s ap ces• Each parking space shall not be less than nine (9) feet wide
and twenty (20) feet in length exclusive of an adequately designed system of
access drives. Parking lots that separate vehicles based on size may be designed
with parking spaces less than or greater than nine (9) feet wide and twenty (20)
feet in length depending upon the size of the vehicle as long as adequate space is
provided for easy and safe ingress and egress for the vehicle. Proposed reductions
in or additions to the parking space size must be submitted in a dimensioned site
plan with size of vehicle to use parking spaces indicated to the Zoning
Administrator for review and approval. Signs specifying the vehicle size to use
the parking space may be required by the Zoning Administrator. Parking spaces
for the handicapped shall not be less than twelve (12) feet wide and twenty (20)
feet in length.
f. Use of arking facilities. Off-street parking facilities accessory to residential
use shall be utilized solely for the parking of passenger automobiles and/or one
(1) trucks not to exceed seven thousand (7,000) pounds gross capacity for each
dwelling unit. Under no circumstances shall required parking facilities accessory
to residential structures be used for the storage of commercial vehicles or for the
parking of automobiles belonging to the employees, owners, tenants, or customers
of nearby business or manufacturing establishments.
g. The number of off street parking spaces required for various land uses as
specified herein shall be considered as absolute minimum requirements.
Additional off street parking spaces may be required by the Zoning Administrator
or Planning Commission. It is public policy that all public streets in the City are
intended primarily for the movement of traffic; on street curb parking shall be
considered a privilege which may or may not be granted on a street by street basis.
h. Design and maintenance ofoff-street parkin areas•
1. Parking areas shall be designed so as to provide adequate means of
access to a public alley or street. Such driveway access width shall be in
accordance with the State of Minnesota Highway Department Standards,
but in no case shall they exceed thirty-two (32) feet in width unless a
variance has been obtained approving the larger width. Driveways shall
be so located as to cause the least interference with traffic movement.
2. Calculating space. When the calculation of the number ofoff-street
parking spaces required results in a fraction, such fraction shall require a
full space.
3. Si ng_s. No signs shall be located in any parking area except as
necessary for orderly operation of traffic movement and such
signs shall not be a part of permitted advertising space. Signs shall
• conform to zoning district regulation.
4. Li . hg_ting_ Any light used to illuminate anoff-street parking area shall
be arranged so it is not directly visible from the adjoining
6
property and illuminates in a downward vertical direction. However, in no
case shall such lighting exceed 0.5 (1/2) foot candle in a residential zone
measured at the lot line.
5. Curbing and landscaping_ All open off-street parking area designed to
have head in parking along the property line shall provide a bumper curb
not less than seven (7) feet from the side property line or a guard of
normal bumper height no less than five (5) feet from the side property line.
When said area is for six (6) spaces or more, a curb or screening not over
four (4) feet in height shall be erected along the front yard setback line and
grass or planting shall occupy the space between the sidewalk and curb or
screening. Wheel guards as approved by the Zoning Administrator may
be utilized.
6. Parking_space for six or more cars. When a required street parking
space for six (6) or more cars is located adjacent to a residential district, a
fence not less than four (4) feet in height, not to exceed six (6) feet in
height, and to be not less than seventy-five percent (75%) opaque, shall be
erected along the residential district property line, plus additional
screening as may be required by the Zoning Administrator.
7. Maintenance of off-street arkin space It shall be the joint
responsibility of the operator and owner of the principal use or building to
reasonably maintain the parking space, accessways, landscaping and
required fencing.
• 8. Access. All off-street parking spaces shall have access from driveways
and not directly from the public street.
9. Determination of areas. The parking space per vehicle shall not be less
than three hundred and fifty (350) square feet of parking and maneuvering
area or an area equal to the width of the parking space multiplied by the
length of the parking space plus fifteen (15) feet.
10. No parking space shall be closer than ten (10) feet to any building.
11. Fire access lanes shall be provided as required by the building or fire
code or the Zoning Administrator.
12. Setbacks (Yards Except as specifically authorized and permitted by
zoning district provisions, off street parking shall not be located in
required setbacks (yards).
h. Off street parking spaces required (one (1) space equals three hundred fifty
(350) square feet) shall be as follows for:
~~
7
•
Multiple dwellings. At least two (2) parking spaces per dwelling unit
except that two and one-half (2 1 /2) parking spaces per dwelling unit are
required for multiple units often or less that abut no parking (on street
curb) zones. At least one half (1/2) of the required spaces shall be
enclosed. (Garage requirements may be waived for apartment projects
designed and intended for occupancy by low income families).
Subdivision 6. Signs. As permitted by the "R-1" district.
Subdivision 7. Swimmin Pg ools. As permitted by the "R-1" district.
Subdivision 7. Swimmin Pg ools. As permitted by the "R-1" district.
•
•