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HomeMy WebLinkAboutPCAgenda_03Oct28City of Falcon Heights Planning Commission City Hall ;~ 2077 W. Larpenteur Avenue Tuesday, October 28, 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 September 23, 2003 D. INFORMATION AND ANNOUNCEMENTS E. ADJOURN TO WORKSHOP F. WORKSHOP: Falcon Heights City Code, Chapter 9 • Planning Commission agenda 102803.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 October 28 Date: October 23, 2003 With October starting on a Wednesday, the Planning Commission falls in the fifth week, but it is the fourth Tuesday! I hope nobody was confused. The Commission is meeting this coming Tuesday, October 28, at the regular time. Once again, the business meeting will be short. There will be an update on the SE Corner project. • You should all have received an invitation to the groundbreaking on October 29. Also, I will have a brief update on the parking issue in Falcon Woods (which will be a regular agenda item next month). The enclosed copy of a letter from the Mayor is an example of one of the things we are trying to relieve the situation. The meeting will adjourn to another workshop, continuing your review of the City zoning ordinance. This packet includes another piece of Chapter 9 to put into the binders you received last month - although I don't think we will get this far. I would like to move on to Section 2, although we will probably come back to the definitions section often. Heather reminded me to assure you that the City will hire consultants to do the actual rewriting of the code, so you don't need to worry too much about details of wording. The Commission's task is to make note of general areas that need special attention and anticipate areas that may need to be added. At your request, I contacted City Attorney Roger Knutson to ask his help finding some model codes with which you could compare ours. He particularly recommended the codes of Plymouth and Burnsville, which represent the work of the two major consulting firms which work with Minnesota cities on their codes. Both of these cities have their codes on the Web. I have enclosed instructions for getting to the right web pages, and I will add links to our Falcon Heights Planning Commission pages for your convenience. Rather than print out the many, many pages, I am requesting that you take a look at the relevant sections as we go along. If there are particular excerpts you would like me to print out for the Commission, I would be glad to do so. Please call or email me on Monday if there is anything you would like copied for everyone in time for Tuesday's meeting. • City of Falcon Heights Planning Commission Minutes September 23, 2003 Chair Tom Lageson called the meeting to order at 7:04 p.m. PRESENT: Commissioners Ryan, Tracy, Heideman, Harris, Lageson, Lukermann, Maher, DeLeo, Council Member Lindstrom. Also present was Staff Liaison Deb Jones. ABSENT: Ziebarth The minutes of the May 27, 2003, meeting were approved. INFORMATION AND ANNOUNCEMENTS Council Member Lindstrom gave an update on Council actions related to the May 27 hearings. Dino's withdrew their plan for adrive-through before the variances went to the Council. The Council approved the front setback variance recommended by the Planning Commission. The second variance, not approved by the Commission, was withdrawn because Dino's greatly improved upon their lot coverage ratio by eliminating the drive-through. We can be thankful Dino's recognized the fact that there was citizen opposition to the drive-through, retooled their plan and moved forward. In response to a question from Commissioner Harris on the SE Corner project timetable, Lindstrom said that abatement of lead and asbestos has just begun at the site. This will take a few weeks; then demolition will start. Things are really beginning to move. The whole project will take a couple of years to complete. He added that he did not have any relocation information about Pizza Hut. • Staff Liaison Deb Jones reminded the Commissioners about the SE Corner informational meeting scheduled for September 30, 7:00 p.m. at City Hall. The meeting is open to the public. Representatives of the developer, the contractor and the City will be there to give information and answer questions. There will also be an update on the improvements planned for Curtiss Field Park. Commissioner Harris said that she had not received one of the mailed invitations and asked how the mailing list was determined. Ms. Jones said she would find out from the City Administrator. The mailed announcement may have gone only to people within the "statutory 350 feet," but certainly the meeting is open to everyone, including residents from St. Paul. Farmer's Market seems to be "running like clockwork." Ms. Jones said no negative comments had come to her attention, although there was a lot of traffic this morning. Parking seems to be sufficient. There was one concern about noise that turned out to be unrelated to the market. None of the Commissioners had heard anything negative, and Commissioner Maher said that she had been there every week and had no trouble getting in and out, even with kids on bicycles. Councilmember Lindstrom said that Dino's will be staying open while their new restaurant is under construction. It looks like the lot is ready to build on. Completion is now expected in December. ADJOURNMENT The meeting was adjourned at 7:13 p.m. to a workshop on the zoning code. Respectfully submitted, • Deborah Jones, Staff Liaison City of Falcon Heights -Planning Commission Meeting of September 23, 2003 -Page 1 of 1 City of Falcon Heights Planning Commission • Workshop Notes -September 23, 2003 Present: Commissioners Lageson, DeLeo, Harris, Heideman, Lukermann, Maher, Ryan, Tracy, Ziebarth, Council Member Lindstrom, Staff Liaison Jones. Summary: Discussion concentrated on Chapter 9, Section 1. The terms listed below were noted as problematical in one way or another. There was a consensus that some definitions may need to be modernized. Some items could be eliminated and there are, no doubt, some that should be added. Much of 9-1 is probably based on a boilerplate; we should look at more recent models. Commissioners requested that Staff find some models of more up-to-date codes to provide comparison. This discussion will continue next month and probably over the next full year. Commissioners will keep reading, or re- reading, Chapter 9 between now and the October meeting. Purposes and Intent • "provide adequate privacy" (9-1.Olj) -Vague. Is this intentional? • "interim rules" (title) -What does this mean? • "improvident" (9-1.Olm) -need better word? • Non conforming uses (9-1.Olo) -Does this conflict in any way with other provisions? Rules • Gender (9-1.02 Subd. l.b) -awkward grammar • "or" and "and" (9-1.02 Subd. l.i) -can they be used interchangeably? • Joint authority -should "persons" be expanded to "entities"? Definitions • Institutional housing (104) -needs modern terminology, more complete list • Kennel (111, 112) -check on consistency with other parts of code. • Firearms (85) -add newer types • Screening (190) • Manufactured housing (145, under Modular or Prefabricated Home) -needs clarification. Is there a State of MN definition? • Recreation vehicle (180) • Adult Uses (4) • Is it legal not to allow in any district? • What about sports bars? Shouldn't these be included? • Add strip clubs? • Check with attorney on level of specificity needed • Agricultural building (6) -needs clarification • Animal unit (12) • Amusement establishment (8) • Antenna (15) -need to update definition and broaden; provide for mini-dish • Apartment (16) -perhaps "single family" not appropriate here; use "household"? • Domestic animals (10) -need excluded animal list to have "including but not limited to" • Planning Commission Workshop -September 23, 2003 Page 1 of 2 Possible additions - We need to think of new terms that should be added to the list. The • following were mentioned. • Drive-through • Condominium -should have its own definition • Broadcast bar • Manufactured housing • • Planning Commission Workshop -September 23, 2003 Page 2 of 2 City Codes: Models on the Web For the Falcon Heights Planning Commission, 10/28/03 The following were recommended by City Attorney Roger Knutson. Please bookmark them; we'll probably be looking at them many times. City of Plymouth Home page: http://www.ci.plymouth.mn.us The above is a redirect page; you should be sent to the real home page within a few seconds. If not, there is a link you can click. From the "real" home page, click on City Government, then on City Code in the menus on the left. The City Code introduction page carries a disclaimer that is worth reading. Something like it should be up front by any city that puts its code on the Web. From the menu on the left of the page, click on Table of Contents under City Code to get to the actual code. For Zoning Code, go all the way to the bottom of the page and click on Appendix I (Section 21 -Plymouth Zoning Ordinance. This takes you to the zoning table of contents. Then you can open individual sections. Some are Adobe Acrobat files. • I am reluctant to give the actual URLs of the individual pages because they are script-generated and very long. It is better to follow the links on the site. For instance, the actual URL of the table of contents page for Plymouth's zoning code: http://www2.ci.plymouth.mn.us/servlet/page?~ageid=125&_dad=cop&_schema=PORTAL30& t ype=site&_fsiteid=91& fid=11527& fnavbarid=10587&_fnavbarsiteid=91&_fedit=0&_finode=2 &_fdisplaymode= l &_fcalledfrom= l &_fdisplayurl= City of Burnsville Code section: http://66.113.195.234/MN/Burnsville/index.htm You can click on the little folder next to Section 10. Zoning in the left frame of the screen to open up the contents for the zoning section. Then click on the section you want. You should be able to print out just the code pages without the framing. This code is easy to find your way around in. It seems to share a number of similarities with ours. • October, 2003 Hello, I am hoping you can help us with a parking issue that has been causing problems for some of the residents on this block. When this neighborhood was built, it was made a cul-de-sac with no street access to Prior Avenue to prevent the traffic and parking associated with the university campus from negatively affecting the residential character of this area. Over the past year, there has been an increasing amount of parking near the pathway by people working or going to school on the St. Paul campus. The result is that the homeowners nearest to the path do not have access to on-street parking for their guests and service people. If this happened only occasionally, there would not be a problem but it appears that the same cars are parking in the same location nearly every day. This has been the basis of many complaints and a request for the city to post this area for permit parking only. With your cooperation, I believe this problem can be resolved in a way that still allows some public parking without negatively affecting some homes on a daily basis. The following actions on your part would be a great help: 1. Move your parking location every day. Space is available on blocks to the north and, by regularly rotating your parking spot, you cause less hardship for the homeowners in that neighborhood. 2. Avoid parking close to other cars. If you see that a car is already parked in front of a home, please do not park in front of the same house. Leave them room for their guests and service people. 3. If you would like reserved parking closer to the north end of campus, contact Cindy Hartley, Director of Facilities at the Twin City Co-ops Federal Credit Union, 2025 Larpenteur Avenue. The phone number is 651 215-3450. They are making some spaces available in their lot at a very reasonable cost. This would save you some walking distance during the winter months when temperatures drop. If you have any questions or concerns about these suggestions, please call me at Falcon Heights City Hall. Phone is 651-644-5050. Thank you very much for your assistance. Sincerely, • Sue Gehrz, Mayor • PLANNING & DEVELOPMENT 9-8.01 PART 8. "B-1" NEIGHBORHOOD CONVENIENCE DISTRICT 9-8.01 "B-1" Neighborhood Convenience District Subdivision 1. Purpose and Intent. The purpose of the neighborhood convenience business district is to provide for small scale consumer goods stores and limited service establishments which deal directly with the customer by whom the goods and services are consumed. The maximum business size limit is 5,000 square feet. Some business areas may be further restricted by zoning regulations to avoid adverse impacts on residential neighborhoods. The district is primarily intended to serve the surrounding neighborhood rather than the entire community. It is designed to be accessible to retail customers from the nearby neighborhoods, to be compatible with the character of the neighborhoods, and to minimize the blighting influence on surrounding residential neighborhoods by limiting and controling of the uses that are permitted. Subdivision 2. Permitted Uses. No structure or land shall be used except for the following specific uses (SIC =Standard Industrial Classifications from the Office of Management and Budget, SIC Manual, 1987): a. Barber shops (SIC 724) except barber colleges. b. Beaut sho s SIC 723 but excludin cosmetolo schools. Y p ( ) g gY c. Convenience grocery stores (SIC 5411) excluding motor fuel facilities. d. Coin and philatelic (stamp) stores. e. Drug stores/pharmacies (SIC 5912). f. Dry cleaning and laundry pickup stations including incidental pressing and repair (SIC 7211, 7212) with a maximum of six employees. g. Florists (SIC 5992). h. Laundromats -self serve (SIC 7215). i. Medical and dental offices and clinics (SIC 801-804). j. Offices, business and professional. 1 • k. Other small miscellaneous retail shopping goods stores (excluding repair and service establishments and gun shops) having a maximum floor area of 1,000 square feet which sell food, apparel and small specialty shopping goods including antique, sporting goods, book, stationary, jewelry, camera, novelty and optical stores (SIC 594) and small cafes and restaurants. 1. Studios Subdivision 3. Conditional Uses. The following uses are permitted subject to the issuance of a conditional use permit (CUP): a. Automobile repair establishments (SIC 7533, 7537, 7538) subject to the following conditions: 1. The use is existing as of the date of adoption of this amendment. 2. The structure and use shall not be expanded without city council approval, based upon finding that the expansion is a furtherance of the public health and safety and will not negatively impact the surrounding neighborhood. 3. Any change in use shall be to the same or another B-1 permitted or • conditional use. 4. No more than five (5) cars shall be parked outdoors overnight at any one time, and cars shall be parked in an orderly fashion in a designated area. 5. There shall be no outdoor storage of supplies, materials or trash. 6. Trash containers and parking areas shall be screened from view from residential areas to the maximum degree practicable in consultation with city officials and upon approval by the city council after review by the planning commission. b. Child Care facilities and nursery schools subject to licensing by the State of Minnesota. c. Motor fuel stations as an integral part of a convenience store located at the corner of a minor arterial and collector street as defined by the comprehensive plan. 2 • d. Secondhand goods stores as defined in the zoning code. • Subdivision 4. Permitted Accessory Uses. The following uses shall be permitted accessory uses: a. Off-street parking and loading, signs, fences, and decorative landscape features as regulated herein. b. Temporary construction buildings (approved by zoning administrator). c. Accessory structures other than private garages as regulated herein. The design, placement, screening and size of the accessory buildings must be approved by the city council as being in harmony with the surrounding business district and neighborhood after review and recommendation by the planning commission. d. Essential service structures, provided no building shall be located within thirty (30) feet of an abutting lot in an "R" District. The placement of the essential service structure must be approved by the city council as being in harmony with the surrounding business district and neighborhood after review and recommendation by the planning commission. e. Public telephone booths or drive-up service. The placement of the telephone . booth or drive-up service must be approved by the city council as being in harmony with the surrounding business district and neighborhood after review and recommendation by the planning commission. f. Other as deemed to be normal, customary, and incidental by the zoning administrator. Subdivision 5. Other requirements. All uses shall in addition to all other requirements comply with the following standards: a. No bars on doors or windows during business hours. b. No automatic interior or exterior security lock doors or doors that require request for entry or exit during business hours. c. No exterior storage of merchandise except for nursery stock associated with a florist. d. No exterior sales of merchandise except for a three day period twice a year as a sidewalk sale or for merchandise associated with a florist. 3 • • Subdivision 6. Lot Area, Height, Lot Width and Yard Requirements a. Minimum Lot Area 10,000 square feet b. Maximum Principal Building Height 2 stories or 24 feet' Accessory buildings are subject to 9-2.04(d) c. Minimum Lot Width 90 feet d. Maximum Building/L1se Size 5,000 square feetz e. Minimum Building Yard Requirements: (1) Front 30 feet (2) Side 10 feet3 (3) Rear 20 feet f. Maximum Lot Coverage 75%4 3/23/94 Ordinance 0-94-OS amends Chapter 9-8.01 (B-1) 5/10/95 Ordinance 0-95-01 amends §9-8.01 subd.2(k); §9-10.01 subd.2(o);§9-10.01 subd.3. 12/15/99 Ordinance 0-99-09 amends 9-8.01 by adding subparagraph "1" to read "Studios". lExcept as provided by 9-2.07 of this code. ZExcept where otherwise noted in Section 9-8.01, Subd. 2j. 330 feet if abutting a street or "R" District 4Including the total area of roofs, driveways, parking lots, sidewalks and similar impermeable surfaces. 4 • . PLANNING & DEVELOPMENT 9-9.01 PART 9. "B-2", LIMITED BUSINESS DISTRICT 9-9.01 "B-2". Limited Business District Subdivision 1. Purpose and Intent. The primary purpose of the limited business district is to provide for office and limited service, employment and institutional uses which are freestanding in nature, require larger sites and are or can be made to be compatible with adjacent land uses. It is also intended to accommodate certain existing businesses for the purpose of maintaining them as conforming uses. Except where current retail or wholesale businesses are specifically listed, the limited business district is not intended to accommodate retail or wholesale businesses. The district is designed to minimize the blighting influence on the surrounding residential neighborhoods by limiting and controlling the uses that are permitted. Subdivision 2. Permitted Uses. No structure or land shall be used except for the following uses: a. Financial institutions with hours open to the public from 8 a.m. to 6 p.m. Monday-Friday and 8 a.m. to noon on Saturdays. An automatic teller machine may operate for 24 hours a day. • b. Health Care, Offices and Clinics Offices, business and professional. d. City owned community facilities provided there shall be no unscreened outdoor storage of materials,supplies or equipment, or trucks and trailers exceeding a capacity of one and one-half (1 1/2) tons. Subdivision 3. Conditional Uses. The following uses are permitted subject to the issuance of a conditional use permit (C.U.P.): a. Bank drive-in facilities as an accessary use to a financial institution, with hours open to the public identified in the conditional use permit. b. Churches. c. Child care facilities and nursery schools subject to licensing by the State of Minnesota. d. Florist, garden supply and garden wholesale stores. 1 • • e. Funeral homes and mortuaries. f. Limited fabricating and processing of a product in conjunction with any permitted use when such products are wholly processed within a building and such use is deemed appropriate and consistent with the character of the district and environs. Where such uses consist of more than one principal building, plans for such development shall be submitted as a planned unit development (P.U.D.). g. Historical buildings, museums, art institutes and galleries. i. Photographic studios, portrait. j. Radio and television broadcasting and cable television studios (SIC 483 and 484) excluding external antenna systems. k. Research centers and laboratories excluding medical waste processing facilities. 1. Schools or studios for music, art or interior design. m. Veterinary clinics with no animal boarding. Subdivision 4. Permitted Accessory Uses. Any accessory use permitted in Chapter 9, Section 8.01. Subdivision 5. Other requirements. All uses shall in addition to all other requirements comply with the following standards: a. No bars on doors or windows during business hours. b. No automatic interior or exterior security lock doors or doors that require requesting entry or exit during business hours. c. No exterior storage of merchandise except for nursery stock associated with a garden supply store or florist. d. No exterior sales of merchandise except for nursery stock associated with a garden supply store or florist. 2 Subdivision 6. Lot Area, Height, Width and Yard Reguirements.s • a. Minimum Lot Area 12,500 sq. ft. b. Maximum Principal Building Height 2 stories or 24 ft.6 Accessory builidngs are subject to 9-2.04(d) c. Minimum Lot Width 90 ft. d. Minimum Building Yard Requirements: (1) Front 30 ft. (2) Side 10 ft.' (3) Rear 20 ft. e. Maximum lot coverage 75%8 Ordinance 0-94-05 3/23/94 amends Chapter 9-9.01 (B-2) Ordinance 0-99-09 dated 12/15/99 amends Chapter 9-9.01, Subd. 2, subparagraph "d". Ordinance 0-99-09 dated 12/15/99 amends Chapter 9-9.01, Subd. 3 by deleting subparagraphs "c" and "h". • Ordinance 0-99-09 dated 12/15/99 amends Chapter 9-9.01, Subd. 3, subparagraph "i" to read "Studios". SSubject to exception under P.U.D. Chapter 9, Section 16. 6Except as provided by 9-2.07 of this code; 3 stories or 35 feet maximum allowed by C.U.P. or P.U.D. '30 feet if abutting a street or "R" District BIncluding the total area of roofs, driveways, parking lots, sidewalks and similar impermeable surfaces. • PLANNING & DEVELOPMENT 9-10.01 PART 10. "B-3" SNELLING AND LARPENTEUR COMMUNITY BUSINESS DISTRICT 9-10.01 "B-3", Snelling and Larpenteur COMMUNITY Business District Subdivision 1. Purpose and Intent. The district applies only to the four quadrants of the Larpenteur and Snelling intersection. The district is designed to provide retail sales and services that only serve the surrounding neighborhoods' and community's needs. Retail sales and services that serve a larger geographic area are available in larger, nearby business districts in adjacent cities. By limited and controlling the uses that are permitted, the district is designed to be accessible to retail customers from the nearby neighborhoods and the community, to be compatible with the character of the neighborhoods and overall community, and to minimize the blighting influence on the surrounding residential neighborhoods. Furthermore, the district provides for and encourages compact centers for retail sales and services by grouping businesses into patterns of workable relationships that complement • each other. The district is designed to be easily accessible to users. It excludes highway oriented and other high traffic volume businesses that would tend to disrupt the cohesiveness of the shopping center or its circulation patterns and shared parking arrangements. Subdivision 2. Permitted Uses. No structure or land shall be used except for the following uses: a. Auto parts and accessory stores. b. Apparel and accessory stores. d. Beauty and barbershops d. Bowling alley e. Coin and philatelic (stamp) store. f. Commercial art services. 1 g. Commercial photography services. • h. Computer programming and data processing services. i. Dance studios, schools and halls. j . Eating establishments. k. Financial institutions and insurance establishments with hours open to the public no earlier than 8 a.m. and no later than 6 p.m. An automatic teller machine may operate 24 hours a day. 1. Food stores, excluding the outdoor sales of produce, meat and seafood. m. Garment pressing, and agents for laundries and drycleaners. n. Hardware stores. o. Health services, offices and clinics. p. Home furnishing, appliance and equipment stores. • q. Laundry and garment services. r. Laundromats -self serve. s. Mailing services. t. Miscellaneous retail establishments including antique stores but excluding fuel dealers and gun shops. u. Motion picture theaters. v. Offices, business and professional. w. Office supply and art supply stores, retail. x. Paint, glass and wallpaper stores, retail. y. Personal service establishments as follows: tax return preparation services, diet centers, costume and dress suit rental stores, photograph services. • z. Photographic studios, portrait • aa. Physical fitness facilities. bb. Precious metal dealer with a precious metal dealer license. cc. Photocopying and duplicating shops provided not more than six employees are employed on the premises at one time. dd. Public and essential service uses. ee. Schools and studios for art, music and interior design. ff. Secretarial and stenographic services. gg. Tanning salons. hh. Therapeutic massage enterprise (see 5-3.08 for license). ii. Video rental stores. Subdivision 3. Conditional Uses. The following uses are permitted subject to the issuance of a C.U.P. • a. Animal grooming and pet stores provided there shall be no boarding of animals on the site. b. Bank drive-in facilities as an accessory use to a financial institution with hours open to the public as identified in the conditional use permit. c. Basement storage of goods not sold on the premises provided that the space is completely finished and ready for use, is sprinklered, has elevator access, provides two pedestrian accesses, has an existing loading dock or area that does not conflict with adjacent residential areas or entry to businesses and is approved by the city fire marshal. d. Car washes which are accessory to the principal use and meet the requirements for service stations, Section 9-14.01, Subdivision 17. e. Child care and nursery school facilities subject to licensing by the State of Minnesota. f. Charitable gambling establishments as a principal use in accordance with the 3 • city's licensing requirements, Chapter 5, Section 3 of the city code. • g. Custom manufacturing of handmade goods that are sold on the premises provided the manufacturing operation is incidental to a retail operation. h. Drinking establishments, bars and taverns subject to the city's licensing requirements, Chapter 5, Section 3 of the city code. i. Gun shops are a conditional use on the northwest corner of Snelling and Larpenteur as long as the following conditions exist: 1) A minimum of 1,000 feet from any residential zone except for a minimum of 150 feet from any residential zone when the residential zone is buffered by a separate commercial facility. 2) A minimum of 750 feet from any park. 3) A minimum of 1,000 feet from any public or private preschool, elementary or secondary school or church. 4) The firearms dealers security standards as mandated by Minnesota Statute 624.7161 and 624.7162 are met. t j. Hotels and motels by P.U.D. k. Motor fuel or service stations subject to the design and performance standards as specified in Section 9-14.01, Subdivision 17 of this code. 1. Multi-family housing by Planned Unit Development. m. Satellite communications dishes as an accessory use. n. Second hand goods store, as defined in the zoning code. o. Veterinary clinics with no boarding of animals on the site and no external runs. Subdivision 4. Permitted Accessory Uses. a. Any accessory use permitted in Chapter 9, Section 8.01. b. Limited repair and service operations which are incidental to a principal use. c. One pool table per 2,000 square feet of area excluding area devoted to bowling 4 • lanes and one video or electronic game per 300 square feet of area excluding area • devoted to bowling lanes are permitted accessory uses to a bowling alley. d. The limited sale of used merchandise is allowed as an accessory use, but only if the following conditions are met: (i) The sale of used merchandise must be clearly incidental to the sale of new merchandise of the same general type. (ii) The used merchandise which is sold on the premises must be acquired by the owner of the principal use only on a "trade-in" basis from customers trading in used merchandise at the time they purchase new merchandise of the same general type. (iii) The portion of used merchandise on the premises may not, at any time, occupy more than ten percent of the sales area of the premises. Subdivision 5. Other requirements. All uses shall, in addition to all other requirements comply with the following standards: a. No bars on doors or windows during business hours. b. No automatic interior or exterior security lock doors that require requesting entry or exit during business hours. c. No exterior storage of merchandise. d. No exterior sales of merchandise except twice a year for three days at a time as a sidewalk sale. Subdivision 6. Building Height and Yard Requirements a. Maximum Principal Building Height - 3 stories or 35 ft.9 Accessory buildings are subject to 9-2.04(d) b. Minimum Building Yard Requirements: (1) Front 30 ft. (2) Side 20 ft io (3) Rear 20 ft ii 9Except as provided for in 9-2.07. 1030 feet if abutting a street and 40 feet if abutting an "R" District. No side yard shall be required for a party wall subject to 9-2.05. "10 feet if abutting an alley. 5 c. Maximum lot coverage 75%1z • Ordinance 0-94-OS 3/23/94 amends Chapter 9-10.01 (B-3) Ordinance 0-97-03 6/25/97 amends Chapter 9-10-01 Subd. 3 Ordinance 0-99-09, 12/15/99, amends Ch. 9-10.01, Subd. 2, subparagraph "y" is amended to read: "y. "Studios" and "z. "Research laboratory." Ordinance 0-00-02, 7/26/00, amends Chapter 9, Section 9-1.02; Section 9-8.01, Subd. 2, Subd. 3(a); Section 9-9.01, Subd. 2(b), Subd. 3; Section 9-10.01, Subd. 2, Subd. 3(h), 3(j). • iz This requirement shall only apply to sites that abut an "R"district to provide sufficient land area for buffering, landscaping and screening. Coverage may be increased by the city if a permanent screen or buffer, other than a wooden fence, is constructed which provides 1000 year around opacity for adjacent residential areas after approval by the city council and review by the planning commission. 6 • PLANNING & DEVELOPMENT 9-11.01 PART 11 SPECIAL PURPOSE DISTRICTS 9-11.01 Public Land Subdivision 1. In general, all public (City, State, School District, State Fair, University of Minnesota, and other) land owned and operated for public purposes is zoned for what may be the most appropriate private use should the land be sold, leased, or otherwise transferred from public ownership and-or use. Subdivision 2. The "public land" overlay District is in addition to and not in-lieu-of the regular or original zoning district applied on the zoning may with the following intent and purposes: a. Designate land areas that, if sold or otherwise made available for private use, the city council shall determine, after public hearing, the permanent zoning. No private building or occupancy permits shall be issued until said determination is made by the city council. b. University of Minnesota uses permitted shall be those indicated on the official Campus Plan of the University and placed on file with the City of Falcon Heights. The city shall be given not less than 30 days notice of any construction, change in use, or other land use activity affecting the community environment including impact upon city facilities, services, and road system. c. This district also applies to lands utilized for buildings, structures, and activities of the Minnesota State Fair" or the various states of the United States of America. Permitted uses shall include year-round activities such as recreation and others not directly associated with normal and commonly known "state fair" activities and purposes as approved by the city council; such uses may include tennis courts, play fields, picnic areas, and others intended for local community and/or general public use. All uses shall be in accordance with a State Fair Development and Operations Plan on file with the City of Falcon Heights. The city shall be given not less than 30 days notice of any new development, construction, or change in use on any portion of the state fair property affecting city services, facilities and road system. d. School District, city, and other public lands to be developed and used in accordance with official public plans on file with the City of Falcon Heights. 1 • • e. Signs. All signs visible from a public right-of--way (road, street, highway) and located or proposed for location on public land shall be considered as a structure to be included on plans by the university, fairgrounds, and school districts subject to review by the City of Falcon Heights. 9-11.02 Manufactured Homes Subdivision 1. Manufactured or "mobile" homes as defined in this chapter and per Minn. Stat., §327.31, Subd. 6, shall be permitted on any legal lot in the "R-1" and "R-2" residential districts under the following conditions that apply also to any other type of principal residential building permitted: a. No principal residential building shall be less than 50 feet by 20 feet in outside dimensions (20 ft. one side and 50 ft. the other). b. All one and two family residential buildings shall have a basement as defined and regulated in the city building code. c. All residential buildings shall meet all structural and other requirements of the city building code. • REVISED 9/2/94 5/10/95 2 • • CHAPTER 9, PART 12 WAS ELIMINATED PLANNING & DEVELOPMENT 9 -13.01 PART 13. SPECIAL PROVISIONS 9-13.01 Signs: General. Subdivision 1. Permit Required. Except as otherwise provided in this section, no sign or structure shall be erected, constructed, altered, rebuilt or relocated except as provided in this chapter and until a permit for the same has been issued by the zoning administrator upon application and to include such information as is required for a complete understanding of the proposed work. Subdivision 2. Exceptions. No permit will be required for the following: a. A change of copy on any advertising sign. b. A nameplate (identification) sign not exceeding two (2) square feet of display surface on residence property stating only the name, address and profession of an occupant. c. Aground sign advertising either the sale or rental of the premises upon which it is maintained when such sign does not exceed ten (10) square feet of display • surface. d. Street, warning and other official or non-advertising signs erected by a governmental body or by others where required pursuant to a legal authority. e. Election signs except those to be displayed on new, permanent structures or supporting elements. The only exemptions permitted by this paragraph shall apply only construed as relieving the owner of the sign from responsibility for its erection and maintenance in a good and safe condition. Subdivision 3. Permit Fee and Issuance. a. An application for a permit shall be accompanied by a fee as per the approved permit fee schedule of the city. b. It shall be the duty of the zoning administrator, upon the filing of an application to examine the plans and specifications and other data and the premises upon which it is proposed to erect the sign or other advertising structure or display. If it shall appear that the proposed structure is in compliance with the requirements of this code, the zoning administrator shall then issue the erection permit. 1 • • Subdivision 4. Expiration of Permit. If the work authorized under an erection permit has not been completed within six months after the date of issuance, the permit shall become null and void. Subdivision 5. Periodic Inspection. The zoning administrator shall inspect every three years or at such other times as deemed necessary each sign, except residential, regulated by this chapter, to ascertain whether the same is secure or insecure and whether it is in need of removal or repair. To meet the expenses of such inspection, the permittee thereof shall pay to the city a fee as established and required by the city council. No inspection fee other than the original permit fee shall be charged during the calendar year in which the sign or other advertising structure is erected. The zoning administrator may maintain on file a photograph of any or all signs in place in the city; a new photograph may be taken at the time of each inspection. Subdivision 6. Height Above Grade Level. Except for necessary poles, uprights, pedestals, and other supporting structural elements, no portion of any sign shall be less than eight feet above grade level except for ground signs that are designed such that they present no hazard to pedestrians or vehicles. Signs that are erected near public streets or other vehicular drives shall be erected at sufficient height to avoid contact with said vehicles. Subdivision 7. General Setback Requirements. Except as provided by conditional use permit, in any district, any portion of any sign exceeding one and one-half (1 1/2) square feet shall be set back ten (10) feet from any street right-of--way line and five (5) feet from any residentially zoned property line. Subdivision 8. Painting, Requirement. The owner of any sign as defined and regulated by this chapter shall be required to have such sign properly painted, at least once every two (2) years, or as needed, including all parts and supports of the sign, and structures and backs of signs shall be painted a neutral color, unless such parts and supports are galvanized or treated otherwise to prevent rust. The need for painting shall be as determined by the zoning administrator. Subdivision 9. Required Marking on Sign. Every sign or other advertising structure, when erected, shall have painted in a conspicuous place thereon, in letters not less than one (1) inch in height, the date of erection, the permit number and the voltage of any electrical apparatus used in connection therewith. Subdivision 10. Removal of Obsolete and Non-Conforming Si ns. Any sign which does not conform to the regulations provided by this chapter shall be taken down and removed by the owner, agent or person having the beneficial use of the property, building or structure upon which the sign may be found within five (5) years after the effective 2 date of this chapter as hereinafter provided. After the expiration of the said five (5) years • and upon written notification from the zoning administrator, to the land owner and/or sign owner, said sign shall be removed within 10 days and upon failure to comply with such notice within the time specified in such order, the zoning administrator is hereby authorized to cause removal of such sign and any expense incident thereto shall be paid by the owner of the sign or the owner of the property or of the building or structure to which such sign is attached. Subdivision 11. Unsafe and Unlawful Si ns. If the zoning administrator shall find that any sign or other advertising structure regulated by this chapter is unsafe of insecure, or is a menace to the public or no longer advertises a bona fide business conducted or products sold, or has been constructed or erected or is being maintained in violation of the provisions of this chapter, he shall give written notice to the permittee thereof. If an unsafe or unlawful sign has not been removed within 60 days following written notice to land-owner and/or sign owner, said sign may be removed with approval by the city council at the direction of the zoning administrator with the costs of such removal assessed to the owner of the sign. If the permittee fails to remove or alter the structure so as to comply with the standards set forth in this chapter within 10 days after such notice, such sign or other advertising structure may be removed or altered to comply with this chapter by the zoning administrator at the expense of the permittee or owner of the property upon which it is located. The zoning administrator may cause any sign or other advertising structure • which is in immediate peril to persons or property to be removed summarily and without notice. Subdivision 12. Obstruction of Fire Escapes. No sign shall be erected, constructed or maintained so as to obstruct any fire escape, or any window or door or opening used as a means of egress or for firefighting purposes, 1 or so as to prevent free passage from one part of a roof to another part thereof. No sign shall be attached in any form, shape or manner to a fire escape nor be so placed as to interfere with an opening required for legal ventilation. Subdivision 13. Conformity with Zoning and Buildin Codes. Except as allowed under the provisions of this chapter relating to projecting signs, every sign for which a permit is required shall rigidly conform to the requirements of rear yards, side years, and setback restrictions of the zoning area district, of the lot upon which such sign is to be or is located and of any lot contiguous thereto as fully as if such sign were a part of the building wall or roof, except that the lighting reflectors may project beyond the top of such sign. All signs shall be in accordance with applicable provisions of the city building code. • . 9-13.02 Permitted Signs in Each Zoning District. Subdivision 1. Residential District. As permitted and regulated in Sections 6, 7, 8 and 9 of this code. Subdivision 2. Business Districts ("B-2"~ a. Types of Signs Allowed. Business, nameplate, identification, illuminated, ground, pedestal, political, real estate sales, temporary, and wall. b. Number of each type of sign allowed per lot frontage. One (1) real estate sales sign, two (2) temporary signs, one (1) nameplate sign, one (1) political sign. c. Size. 1. Except as provided herein, the total square footage of permanent sign area for each business shall not exceed one (1) square foot of sign area for each lineal foot of unsigned building frontage, except where a location is a corner lot, the amount may be increased by one half (1/2) square foot of sign area per front foot of building. • 2. No individual sign shall exceed fifty (5) square feet in area. 3. Each real estate sales sign, temporary sign, and political sign shall not exceed twenty (20) square feet in area. 4. Each nameplate sign shall not exceed forty (40) square feet in area. d. He_ fight. The top of the display shall not exceed ten (10) feet above the average grade for pedestal and ground signs, and not higher than outside wall or parapet for wall signs. e. Setback. Any sign over six (6) square feet shall be set back at least ten (10) feet from any lot line. In no case shall any part of a sign be closer than two (2) feet to a vertical line drawn at the property line. All signs over twenty (20) square feet shall be setback at least fifty (50) feet from any residential district. f. Corner Lots. In the case of corner lots, the longer of the two walls may be used to compute all usable sign area. g. Alleys shall not be considered a public street. 4 • • h. Signs on non-conforming uses shall be considered as if zoned "B-1". i. The owner or lessee of any sign, or the owner of the land on which the sign is located shall keep the grass, weeds, or other growth cut and the area free from refuse between the sign and the street and also for a distance of six (6) feet behind and at the ends of said sign. Subdivision 3. Business districts ("B-1 and B-3") a. Types of Signs Allowed. Business, nameplate, identification, illuminated, ground, pedestal, political, real estate sales, shopping center sign where there are three (3) or more businesses, temporary, and wall. b. Number of each type of sign allowed per lot frontage. One (1) real estate sales sign, two (2) temporary signs, one (1) nameplate sign, and one (1) political sign for each candidate, and one (1) business sign or one (1) shopping center sign. If a shopping center sign is utilized, each business establishment located in the shopping center shall also be permitted one (1) business or nameplate sign. c. Size. . 1. Except as provided herein, the total square footage of permanent sign area for each business shall not exceed two (2) square feet of sign area for each lineal foot of unsigned building frontage, except where a location is a corner lot, the amount may be increased by one (1) square foot of sign area per front foot of building along a side lot line. 2. No individual sign shall exceed one hundred and fifty (150) square feet in area. 3. Each real estate sales sign, temporary sign, and political sign shall not exceed twenty (20) square feet in area. 4. Each nameplate or business sign shall not exceed seventy-five (75) square feet in area. d. Hem The top of the display shall not exceed thirty-five (35) feet in height above grade except that roof signs shall not be permitted. e. Setback. Any sign over six (6) square feet shall be setback at least ten (10) feet from any lot line. In no case shall any part of a sign be closer than two (2) feet to a vertical line drawn at the property line. All signs over fifty (50) square feet shall 5 • be setback at least fifty (50) feet from any residential or agricultural district. • 9-13.03 Signs as Traffic Hazards. Subdivision 1. Si ng sS ecp ial. No sign may be erected that by reason of position, shape, flashing light, movement, color, or in any other manner interferes with the proper functioning of a traffic sign or signal or otherwise constitutes a traffic hazard as determined by the zoning administrator. In particular, signs which may be confused with emergency or snow plow vehicle lights are prohibited. Subdivision 2. Certain Suns Prohibited. No sign will be permitted that provides refuge from police surveillance, tends to accumulate debris as a fire hazard, or in any other way is a hazard to the public health, safety, convenience or general welfare. Private signs are not permitted within streets or other public right-of--way. Subdivision 3. Illuminated Sign Restrictions. a. Any sign illuminated and located within 50 feet of a residential district lot line shall be diffused or indirect so as not to reflect direct rays of light into adjacent residences. All illuminated signs in business and industrial districts in close proximity to residential districts shall be designed so as to illuminate the sign and not residential property to the extent practicable. • b. Illuminated signs lighted by any means as an integral part of the sign, by floodlights, or any other means which cast light away from the sign shall be governed as follows: Red, yellow, or green lights that by position, flashing, or color or in any other manner tend to cause confusion with emergency vehicle lights or in the proper reading of traffic signs or signals shall be prohibited. 2. Any combination of signs or light sources which case light on a public street shall not exceed one foot candle meter reading as measured from the centerline of said street. 3. Any combination of signs or lights which cast light on property zoned for residential use shall not exceed 0.4 foot candle meter- reading as measured from any part of said residential area. 4. In no instance shall exposed light bulbs be utilized to light signs, property, or merchandise for sale or rent. Said lights shall be hooded or controlled in some manner so as to direct light away • from public streets or adjacent to nearby property. Subdivison 4. Signs in Public Right-of-Wad Signs shall not be ermitted within P the public right-of--way or easements except as follows: a. Public traffic control signs are permitted in any right-of--way. b. Decorations, banners, and other temporary signs may be permitted within the public right-of--way provided a permit is granted by the zoning administrator for a specified time not to exceed 60 days. Subdivision 5. Flashing Si ns. Devices giving off an intermittent or rotating beam of rays of light shall be prohibited, except symbols or numerals indicating time and temperature and word changers, as long as the word changer does not change more frequently than every 30 seconds. In no event, however, shall any light be permitted which may be confused with lights from a snowplow, police car, ambulance, or other emergency vehicle. Subdivision 6. Temporary and Election Si ns Temporary signs shall be permitted in any district in any yard area provided there shall be no more than three (3) such signs on any lot and the total area of such signs shall not exceed thirty-two (32) square feet. Temporary signs shall include . election signs on residential property, commercial special sale signs, special occasion signs, garage sales, and similar signs. Election signs are permitted in any district on private property. Such signs must be removed within 10 days following the election date. Subdivision 7. Service Station Signs. Service stations may erect one pylon or pedestal sign not to exceed twenty-five (25) feet in height anywhere in setback area but no part of any such sign shall be closer to side lot lines than the required side yard setback nor within five (5) feet of the rear lot line or ten (10) feet of street right-of--way. Subdivision 8. Real Estate Signs. Real estate (for rent, sale, or lease) signs may be placed in any yard of a lot containing the affected structure or land involved, provided such signs are not closer than ten (10) feet to any property line and do not exceed a total of six (6) square feet per lot frontage in residential areas and thirty-two (32) square feet on any other lot. However, real estate signs over six (6) square feet may be constructed in any residential area providing that: 7 a. The sign area allowance for a combination of lots in in aggregate shall not exceed fifty (50) square feet; b. The signs are located at least one hundred thirty (130) feet from any home; c. The signs are removed within one (1) year unless an extension is given from the zoning administrator. d. A use permit is granted by the zoning administrator. Real estate signs over thirty-two (32) square feet per lot frontage and exceeding other sign area limits in business and industrial areas shall require a variance. Subdivision 9. Private Traffic Si ns. Private traffic circulation signs in parking lots and pedestrian circulation signs in alleys or other hazardous situations may be permitted provided such individual signs do not exceed three (3) square feet, the minimum number necessary for purposes intended is utilized, and such signs are utilized exclusively for purposes intended and permitted. Subdivison 10. Vacant Lots. Signs on vacant lots shall be permitted in accordance with this chapter except where governed by building frontage, in such cases, front footage of public right-of--way shall be utilized. • Subdivision 11. Rooftop Displays and Aerial Searchlights. Rooftop balloons and rooftop displays are not permitted except in a commercial zone for a maximum of five days for a business grand opening or a special civic event sponsored or endorsed by the Falcon Heights city council. A temporary sign permit is required for the balloon. Aerial search lights are not permitted. (Amended by Ordinance 0-93-05, 5/26/93). Subdivision 12. Suns on Windows and Doors. This chapter does not apply to interior signs painted, attached by adhesive, or otherwise attached directly to or visible through windows and glass portion of doors except that such signs shall not be permitted in "EB", "B-1", and "B-1-A" districts. Subdivision 13. Ground Signs. a. No ground sign shall be erected, constructed, altered, rebuilt, or relocated to a height exceeding twenty (20) feet above ground. b. The bottom of the facing of every ground sign shall be at least thirty (30) inches above the ground, which space may be filled with platform or decorative trim of light wood, metal construction, brick, planters or plantings, etc. 8 • c. No private sign shall be erected, constructed, or maintained within the boundary of any street, avenue, highway, alley or public ground of the city, county or state. d. Portable signs supported by frames or posts rigidly attached to bases shall be so proportioned that the weight and size of the bases are adequate to resist the wind pressure specified in the building code. Such signs shall not exceed five (5) feet in height or fifteen (15) square feet in area. e. The owner of a lot upon which there is a ground sign or the person occupying such lot or both are hereby required to keep such lot and such ground sign clean, sanitary, inoffensive and free and clear of all obnoxious substances and unsightly conditions. Subdivision 14. Moving or Revolving Si ns (Motion Si ns) Moving or revolving signs shall not be permitted except by the granting of a variance. Subdivision 15. Wall Si ns. Wall signs attached to exterior walls of solid masonry or concrete shall be safely and securely attached. Subdivision 16. Signs Painted on Walls Signs shall not be painted directly on the outside wall of a building. Signs shall not be painted on a fence, tree, stone, or other similar objects or structures in any district. Subdivison 17. Projecting_Signs. Signs shall in no case project from a building or structure more than one (1) foot from base of building. No projecting sign shall at the lowest point be less than eight (8) feet above the sidewalk or the grade level. All projecting signs for which a permit is required shall be constructed entirely of fire resistive materials approved by the zoning administrator for this purpose. All metal supports and braces for projecting signs shall be galvanized or of corrosive resistant material or painted at least once annually. Subdivison 18. Electric Signs. All signs and displays using electric power shall have a cutoff switch on the outside of the premises and on the outside of the sign. All electrical work shall conform with the city code and be subject to city inspection. Subdivision 19. Construction Signs. These signs are not to exceed thirty-two (32) square feet in area and shall be allowed in all zoning districts during construction. Such signs shall be removed when the project is substantially completed. 9 Subdivision 20. Roo Roof signs are prohibited in all districts. Subdivision 21. Offensive Sims No signs shall contain any indecent or offensive picture or written matter. Subdivision 22. Advertising Si ns Advertising signs are prohibited. By October 1, 1985, all advertising signs shall be considered to be fully amortized and shall be removed by the owners. Subdivision 23. Multi-Faced Signs These signs shall not exceed two (2) times the allowed square footage of single-faced signs. Subdivison 24. Lame Si ns. Except for more restrictive subsections of this sign\ section, no sign that exceeds one hundred (100) square feet in area shall be erected or maintained: a. Which would prevent any traveler on any street from obtaining a clear view of approaching vehicles on the same street for a distance of five hundred (500) feet. • b• Which would be closer than one thousand three hundred fifty (1,350) feet to a national, state, or local park, historic site, picnic or rest area, church or school. c. Which would be closer than one hundred (100) feet to residential structures. 9-13.04 Off-street Parking and Loading The off-street parking and loading requirements shall apply to all buildings, structures and uses of land herein governed by this Code. Subdivision 1. Residential Districts. Off-street parking and loading shall be as required and regulated in specific sections of this Code and by the applicable general provisions of this section herein. Subdivision 2. Surfacing and Drainage Parking areas shall be so graded and drained as to dispose of all surface water accumulation within the parking area. All driveways and off-street parking areas shall be permanently surfaced with either concrete or asphalt or impervious decorative pavement such as brick between the street and garage. (This does not require the resurfacting of existing driveways with parallel tracks into one contiguous 10 surface.) Commercially zoned properties shall utilize asphalt, concrete or a reasonable • substitute surface as approved by the city engineer and capable of carrying a wheel load of 4,000 pounds. All surfacing must be completed prior to occupancy unless other arrangements have been made with the Zoning Administrator. Subdivision 3. Location. All required accessory off-street parking facilities required herein shall be located as follows: a. Spaces accessory to one and two family dwellings as regulated in Sections 9-4 and 9-5. b. Spaces accessory to multiple family dwellings as regulated in Sections 9-6 and 9-7. c. Spaces accessory to uses located in a business district shall be within five hundred (500) feet of a main entrance to the principal building served. Parking as required by the Building Code for the handicapped shall be provided. d. There shall be no off-street open parking space within ten (10) feet of any street right-of--way. e. 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, except when • adjoining an existing parking area on the adjacent lot. Subdivision 4. Underground Parking Credits In any development in which all or a portion of the required off-street parking is fully enclosed and below ground elevation, the minimum lot area requirements shall be reduced by fifteen percent (15%) per dwelling unit, but said reduction shall not be greater than twenty percent (20%) of the total parking space area requirement. Subdivision 5. General Provisions. a. Existing off-street parking spaces and loading spaces upon the effective date of this Code shall not be reduced in number unless the result exceeds the requirements set forth herein. b. In stadiums, sport arenas, churches and other places of public assembly, in which patrons or spectators occupy benches, pews or other similar seating facilities each twenty (20) inches of such seating facilities shall be counted as one (1) seat for the purpose of determining requirements for off-street parking facilities under this Code. 11 i c. Parking Spaces. • 1. Each parking space shall not be less than nine (9) feet wide and twent (20) feet in length exclusive of an adequately designed system of access y drives. Smaller spaces for parking to be used only by compact cars may be permitted if approved by the City Council. 2. 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. 3. Proposed reductions in or additions to the parking space size must be submitted in a dimensioned site plan with the sizes of the vehicles to use parking spaces indicated to the zoning administrator for review and approval. 4. Signs specifying the vehicle size to use the parking space may be required by the zoning administrator. 5. Parking spaces for the handicapped shall not be less than twelve (12) feet wide and twenty (20) feet in length. • d. Use of Parking Facilities. Off-street parking facilities accessory to residential use shall be utilized solely for the parking of passenger automobiles and/or one (1) truck not to exceed 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. e. Joint Parking Facilities. Off-street parking facilities for a combination of mixed buildings, structures or uses may be provided collectively in any "district" (except residential districts) in which separate parking facilities for each separate building, structure or use would be required, provided that the total number of spaces provided shall equal the sum of the separate requirements of each use during any peak hour parking period and a copy of the private joint parking agreement is approved by the zoning administrator and placed on file with the City along with a certificate of occupancy for all land area involved. f. Control of Off-Street Facilities. When required, accessory off-street parking facilities are provided elsewhere than on the lot in which the principal use served is located shall be in the same ownership or control, either by deed or long-term 12 lease, as the property occupied by such principal use, and the owner of the • principal use shall file a recordable document with the Zoning Administrator requiring the owner and his or her heirs and assigns to maintain the required number of off-street parking spaces during the existence of said principal use. g. Use of Parkin Area Required off-street parking space in any district shall not be utilized for open storage of goods or for the storage of vehicles which are inoperable, for sale or for rent or other non-parking purposes except by the granting of a variance. h. Lot Coverage. In residential districts, no more than thirty two percent (32%) of the required front yard area shall be surfaced or utilized for driveway or vehicle storage space, but in no case shall a driveway in a required front yard exceed 24 feet in width as measured at the property line. DRIVEWAY WIDTHS Lot Driveway 32% Standard Width Width (Examples with 30' length) 50' 16' 60' 19' 64' 20.2' • 70' 22.4' 80' Maximum 24' 100' Maximum 24' (Amended 6/19/91, Ordinance 0-91-10) i. 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 based upon the following: 1. It is the intent of this Chapter that all land uses except those in exempted areas, such as the central business district, provide off-street parking in sufficient numbers to accommodate for all vehicles having an origin or destination generated by said land use. 2. 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. 13 3. Additional off-street parking spaces may be required for any land use which, as determined by the Zoning Administrator or Planning Commission, who may, for any reason, generate more parking demand than called for by the minimum parking standards contained herein. Factors such as anticipated business volume, numbers of employees, number of visitors, hours and nature of business operation and other such factors affecting potential parking needs may be considered. j. Parking shall be permitted on hard surfaced areas designed for such use only; parking shall not be permitted in landscaped yards, boulevards, grass portion of street right-of--way or other such areas except as provided in 9-4.01 Subd. 5(d). Subdivision 6. Design and Maintenance of Off-Street Parkin Areas• a. Parking areas shall be designed so as to provide adequate means of access to a public alley or street. Such driveway access widths 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 conditional use permit has been obtained approving the larger width. Driveway access shall be so located as to cause the least interference with traffic movement. There shall be only one (1) driveway access for each one-family residential lot. • b. Calculating_Space. When the calculation of the number ofoff-street parking spaces required results in a fraction, such fraction shall require a full space. c. Sins. 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 regulations. d. Surfacing. All driveways and off-street parking areas shall be permanently surfaced with either concrete or asphalt or impervious decorative pavement such as brick between the street and garage. (This does not require the resurfacing of existing driveways with parallel tracks into one contiguous surface.) Amended 6/19/91, Ordinance 0-91-10) e. Li hting, Any lighting used to illuminate an off-street parking area shall be so arranged so it is not directly visible from the adjoining property and in a downward vertical direction. However, in no case shall such lighting exceed two (2) foot candles in a business or industrial zone nor 0.5 (1/2) foot candle in a residential zone measured at the lot line. 14 • • f. Curbing and Landscaping All open off-street arkin area desi P g gned to have head-in parking along the property line shall provide a bumper curb not less than five (5) feet from the side property line or a guard of normal bumper height no less than three (3) 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. g. Planting Islands. Within any parking lot containing more than twenty (20) parking stalls, the City may require landscaped planting islands of a type, size and location as approved by the City Council. h. Parking Space for Six or More Cars When a required off-street parking space for six (6) or more cars is located adjacent to a residential district, a fence or screen not less than four (4) feet in height shall be erected along the residential district property line, plus additional screening as may be required by the zoning administrator. i. Maintenance of Off-Street Parking 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. j. Access. All off-street parking spaces shall have access from driveways and not directly from the public street. k. 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. 1. No parking space shall be closer than ten (10) feet to any building. m. Fire access lanes shall be provided as required by the building or fire code or the Zoning Administrator. n. Calculation of Floor Space for Parking_Reguirements Floor area or gross floor area of a building for purposes of calculating required parking space for retail uses shall include only that floor space devoted to retail sales as defined herein; it shall not include storage space, rest rooms, interior pedestrian mall space unless retail activities are located on floor area of said mall, hallways, enclosed 15 walkways, utility rooms, window displays, office of building management or • maintenance, lobbies or similar floor space not generating a demand or need for parking space. Due consideration shall, however, be given to floor area which may and could reasonably be expected to be converted to retail or other commercial activity and thereby increase the need for parking space. o. ShOppina Centers and Larae Retail n„r~Pr~ Shopping Centers or individual retail outlets with over 5,000 square feet of floor area shall provide parking on the basis of 5.5 spaces per 1,000 square feet of gross leasable area. p. Setbacks (Yards) Except as specifically authorized and permitted by zoning district provisions, off-street parking shall not be located in required yards. q. Off-Street parking spaces shall not be reduced in number unless said number exceeds the requirements set forth herein. r. Off-street parking spaces required (one (1) space equals three hundred (350) square feet) shall be as follows unless the city determines, based upon a professional analysis of parking for any specific use, that a reasonable parking ratio for such use should be otherwise: 1. One and Two Family Residences Two (2) spaces per dwelling unit but not to exceed four (4) per unit. 2. Multi le Dwellm s. 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). 3. Churches Theaters Auditoriums Mortuaries and other laces of assembly. One (1) space for each three (3) seats or for each five (5) feet of pew length. Based upon maximum design capacity. 4. Offices. One (1) space for each two hundred (200) square feet of gross floor space. 5. Hotel, Motel One (1) space per unit, plus one (1) space per employee, plus one (1) space for each three (3) persons who may be accommodated in a bar, restaurant, meeting room, swimming pool, convention facility or 16 similar place of public assembly based upon maximum design capacity. • 6. Schools Elementa and Junior. T ~' hree (3) spaces for each classroom. 7. High School through College One (1) space for each four (4) students based on design capacity plus three (3) additional spaces for each classroom. 8. Hos itals. One (1) space for each three (3) hospital beds, plus one (1) space for each three (3) employees other than doctors, plus one (1) space for each resident and regular staff doctor. Bassinets shall not be counted as beds. 9. Sanitarium Convalescent Home Rest Home Nursin Home or Institution. One (1) space for each six (6) beds for which accommodations are offered, plus one (1) space for each two (2) employees on maximum shift. 10. Additional parking shall be provided for all schools with theaters, auditoriums, swimming pools, gyms, football stadiums or other places of public assembly or participation in the amount of one (1) space for each three (3) persons based upon maximum design capacity. • 11. Drive-In Food or Fast Food Establishments. One (1) space for each fifteen (15) square feet of gross floor space in the building allocated to drive-in operation, plus additional space as may be determined by the zoning administrator based upon advice from the Planning Commission. Drive-through lanes for food pick-up must be ableto stack eight (8) cars on site without interfering with the site parking. 12. Bowline Alley Six (6) spaces for each alley, plus additional spaces as may be required herein for related uses such as a restaurant. 13. Motor Fuel Station. Two (2) spaces plus three (3) spaces for each service stall. 14. Retail. One (1) space for each one hundred fifty (150) square feet of gross floor area. 15. Medical or Dental Clinic. Six (6) spaces per doctor or dentist or one (1) space for each two hundred (200) square feet of gross floor area whichever is greater. 17 16. Restaurant and/or Cafeter' ia. One (1) space per 2.50 seats, plus one (1) space per twenty (20) square feet of the combined area of bar, lounge and public space, minus the first 250 (250) square feet plus one (1) space per fifty (50) square feet of banquet dining area, plus one (1) space per five (5) seats outdoor dining. 17. Furniture Store Wholesale Auto Sales Re air Sho s. Three (3) spaces for each one thousand (1,000) square feet of gross floor area. Open sales lots shall provide two (2) spaces for each five thousand (5,000) square feet of lot area, but not less than three (3) spaces. 18. Industrial Warehouse Stora e Handlin of Bulk Goods. One (1) space for each two (2) employees on maximum shift or one (1) for each two thousand (2,000) square feet of gross floor area, whichever is the larger. 19. Uses Not Specifically Noted As determined by the Planning Commission. 20. Planned Unit Develo ments and Conditional Uses. Spaces to be provided in amounts and locations as per approved site development plans • and permit conditions imposed by the Planning Commission. 21. Allt(1 RPn.77Y R„~ T,....~.___, .,. ... -~~-~ l~ia~c11a1 ~a1es In structure. Eight (8) off-street parking spaces, plus one (1) additional space for each eight hundred (800) square feet of floor area over one thousand (1,000) square feet. 22. Skating ~~_ Dance Hall or Puhl~~ .4,,,.t;,.,, u ~i111~u~G Twenty (20) off-street parking spaces plus one (1) additional off-street parking space for each two hundred (200) square feet of floor space over two thousand (2,000) square feet. 23. Golf Drivin Range, Miniature Golf Archery u off-street parking spaces plus one (1) for each one hundred (100)1 Oquare feet of floor area. 24. Baseball Fields Stadiums. At least one (1) parking space for each eight (8) seats of design capacity. 18 25. Community Centers Physical Culture Studios Libraries Private Clubs, Lodges Art Galleries Ten (10) spaces plus one (1) for each one hundred fifty (150) square feet in excess of two thousand (2,000) square feet of floor area in the principal structure. 26. Animal Hos itals and Professional Offices. Three (3) spaces plus at least one (1) space for each two hundred (200) square feet of floor area. 27. Business Service Establishment At least one (1)off-street parking space for each two hundred (200) square feet of floor area. 28. Mobile Food Vendors The use of any public or private area for the purpose of operating a mobile food vendor must be reviewed by the City prior to issuing a vendor's permit. Parking requirements are one (1) per ten (10) square feet of gross vehicle size. 29. Food Delivery Restaurants Parking requirements are one (1) stall per employee on duty, one (1) stall per seat should be provided, one (1) stall per two (2) delivery vehicles when owned, operated, and stored by employees, one (1) stall per delivery vehicle when owned, operated by restaurant. One (1) loading bay per store is required. • 30. Based on a professional analysis of parking for any specific use, the City Council may determine a reasonable parking ratio for such use. 9-13.05 Off-Street Loading and Unloading Areas Subdivision 1. Location. All required loading berths shall be off-street and shall be located on the same lot as the building or use to be served. A loading berth shall be located at least twenty-five (25) feet from the intersection of two (2) street rights-of--way and at least fifty (50) feet from a residential district, unless within a building. Loading berths shall not occupy the required front yard space. Subdivision 2. Size. Unless otherwise specified in this Chapter, a required loading berth shall be not less than twelve (12) feet in width, fifty (50) feet in length, and fourteen (14) feet in height, exclusive of aisle and maneuvering space. Subdivision 3. Access. Each required loading berth shall be located with appropriate means of vehicle access to a street or public alley in a manner which will least interfere with traffic. 19 • Subdivision 4. Accessoi Use. An area so as to comply with the terms of this Chapter sh 11 not be ugedefor the s or uvering goods, inoperable vehicles, or be included as a part of the space requirements necessary to meet the off-street parking area. Subdivision 5. Alterations. Any structure erected or substantially altered for a use which requires the receipt of distribution of materials or merchandise by trucks or similar vehicles, shall provide off-street loading space as required for a new structure. Subdivision 6. Schools. No public or private schools shall load or unload buses from public streets but shall provide off-street loading and unloading facilities. Subdivision 7. Repair and Service No motor vehicle repair work or service of any kind shall be permitted in conjunction with loading facilities provided in any residential district. Subdivision 8. Utili~ Space allocated to any off-street loading shall not, while so allocated, be used to satisfy the space requirements for any off-street parking facilities or portions thereof. Subdivision 9. "B2" District. Areas within the "B2" zoning district exempt from off-street parking requirements may also be exempt from loading requirements as may be determined by the zoning administrator, but only when also zoned Planned Unit Development or Concentrated or Central business district special overlay district. Subdivision 10. Central Loadin Central loading facilities may be substituted for loading berths on the individual zoning lots provided the following conditions are fulfilled: a. Each zoning lot served shall have direct access to the central loading area without crossing streets or alleys at grade. b. Total berths provided shall meet the requirements based on the sum of the several types of uses served. (Area of types of uses may be totaled before computing number of loading berths.) c. No zoning lot served shall be more than 300 feet removed from the central loading area. Subdivision 11. Minimum Facilities. Uses for which off-street loading facilities are required herein, but which are located in buildings of less floor area than the minimum prescribed for such required facilities, shall be provided with adequate receiving facilities, 20 accessible by motor vehicle off any adjacent alley, service drive, or open space on the • same zoning lot as approved by the Zoning Administrator. Subdivision 12. Business Districts Off-street loading spaces accessory to uses allowed in the several business districts shall be provided in accordance with the following minimum requirements: a. Any use listed in a residential district that is also permitted in any of the several business districts shall provide loading spaces as established for that use in the preceding section for residence districts. b. Business or office establishments containing less than 10,000 square feet of gross floor area shall be provided with adequate facilities, accessible by motor vehicle off any adjacent alley, street service drive, or open space on the same zoning lot. c. For all other uses, loading berth facilities shall be provided in accordance with the number and location determined necessary by the Zoning Administrator. Subdivision 13. All Other Zoning Districts Off-street loading spaces (number, type, location) shall be provided by the nature of the specific use as determined and approved by the Zoning Administrator. • Subdivision 14. Loading or unloading from any street or other public right-of--way may be permitted for non-residential uses in any zoning district only upon issuance of a "temporary use" permit by the Zoning Administrator. Subdivision 15. Taxi or public transit bus as approved by the City Council. 21 9-13.06, 13.07 9-13.06 Automobile Service Stations (Motor Fuel Stations and Drive-in Establishments) As permitted and regulated by applicable provisions of this chapter. Use and development standards shall be as outlined in Section 9-16. 9-13.07 Private Automobile Repair and Reconditioning. Private automobile repair may be conducted in residential zones subject to the following conditions. Subdivision 1. Definitions. As used herein: a. "Minor Repair" means common maintenance including oil and filter change; battery or tire change; mounting of tires on rims; auto tune-up; replacing car lights, anti-freeze, hoses, thermostats, manifolds and pipes. b. "Major Repair" means rebuilding, overhauling, or reconditioning of engines, motor vehicles or trailers including body, frame or fender straightening or repair, painting, and vehicle cleaning by steam or automatic car washing devices. Subdivision 2. Vehicle Registration Automobiles on which repair work is done must be registered to the owner or occupant of the property. • Subdivision 3. Location of Repair Work In R-l, R-2, R-3, and R-4 residential districts minor repair work may be done in a private garage, a garage attached to a dwelling unit, or on an improved driveway surface; and major repair work may be done in a private garage, a garage attached to the dwelling unit, or, if a permit is obtained from the city zoning administrator, on an improved driveway surface. In an R-4 zone, the location of major and minor repair work shall also be governed by regulations of the property owner. Subdivision 4. Hours. Except as herein provided, major and minor repair work may be conducted between the hours of 8:00 a.m. and 8:00 p.m. Subdivision 5. Permit. Where an automobile repair permit is required, an application shall be made on forms provided by the city zoning administrator. Automobile repair permit shall expire ten (10) days after issuance unless extended for five (5) additional days by the city zoning administrator. Further extensions shall require approval of the city council. Subdivision 6. Nuisance. In no event shall major or minor repair work be conducted in a manner that creates an unreasonable disturbance for the owners of adjacent or near-by property. 22 ~~ CITY OF FALCON HEIGHTS 2077 W. Larpenteur Avenue Falcon Heights, MN 55113-5594 email: mailC~3ci.falcon-heights.mn.us website: wwv~ci f~lcon~i~iatits.mn.us cfo er, UU""~j Hello, Phone - (651) 644-5050 Fax - (651) 644-8675 I am hoping you can help us with a parking issue that has been causing problems for some of the residents on this block. When this neighborhood was built, it was made a cul-de-sac with no street access to Prior Avenue to prevent the traffic and parking associated with the university campus from negatively affecting the residential character of this area. Over the past yeaz, there has been an increasing amount of parking near the pathway by people working or going to school on the St. Paul campus. The result is that the homeowners neazest to the path do not have access to on-street pazking for their guests and service people. If this happened only occasionally, there would not be a problem but it appeazs that the same cars are parking in the same location neazly every day. This has been the basis of many complaints and a request for the city to post this area for permit parking only. With your cooperation, I believe this problem can be resolved in a way that still allows some public parking without negatively affecting some homes on a daily basis. The following actions on your part would be a great help: 1. Move your parking location every day. Space is available on blocks to the north and, by regularly rotating your parking spot, you cause less hazdship for the homeowners in that neighborhood. 2. Avoid parking close to other cazs. If you see that a car is already pazked in front of a home, please do not park in front of the same house. Leave them room for their guests and service people. 3. If you would like reserved parking closer to the north end of campus, contact Cindy Hartley, Director of Facilities at the Twin City Co-ops Federal Credit Union, 2025 Larpenteur Avenue. The phone number is 651 215-3450. They aze making some spaces available in their lot at a very reasonable cost. This would save you some walking distance during the winter months when temperatures drop. If you have any questions or concerns about these suggestions, please call me at Falcon Heights City Hall. Phone is 651-644-5050. Thank you very much for your assistance. Sincerely, • Sue Gehrz, Mayor HOME OF THE MINNESOTA STATE FAIR AND THE U OF M INSTITUTE OF AGRICULTURE (~~~ PRINTED ON RECYCLED PAPER