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niendment thereto shall apply. <br />(e)r The average square footage <br />per dwelling for the entire pro- <br />ject- exclusive of street rights- <br />of-way and ether public lands <br />shall not. be less than 9090 of <br />the square footage required per <br />dwelling for the district within <br />which the project is located-. <br />(f) There shall be provided <br />within the project adequate rec- <br />reation areas to serve the needs <br />of the anticipated population <br />to be housed therein and the <br />plans for such recreation facili- <br />ties shall be approvedbythe, <br />Park and Recreation- Director. <br />(g) The number of dwelling - <br />units permitted.. according to <br />the square footage requirements <br />of the district within which the <br />proposed project is to be locat- <br />ed may be provided in one. or <br />more buildings according,to the <br />plan as approved and' -record- <br />ed, However, the Planning Com`- <br />mfssian shall, in considering <br />the distribution of the dwellings <br />units, determine that the pro- <br />posed residential environment <br />will be desirable and in har- <br />mony with the character of the <br />-surrounding neighborhood and <br />that it will be consistent with the <br />intent of this Ordinance. <br />9.1-3. Additional Requirements, <br />Exceptions and Modifications <br />The. requirements and, regula- <br />tions specified heretoforein <br />this Ordinance shall be subject <br />to the following: <br />(a) Height limitations stipulat- <br />ed elsewhere in this Ordinance <br />shall not apply to - <br />(1) Church spires <br />(2) Belfries <br />(3) Cupolas and domes which <br />do not contain usable space <br />(4) Monuments <br />(5) Water towers <br />(6) Fire and hose towers <br />(7) Observation towers <br />(S) Flag poles <br />(9) (Transmission) towers <br />(10) Parapet wall extending <br />not more than three (3) feet <br />above the limiting height of <br />the building <br />(11) Cooling towers <br />(12) Grain elevators <br />(13) Elevator penthouses <br />However, if in the opinion of the <br />Building Inspector, such struc- <br />ture would adversely affect ad- <br />�oining or .adjacent property, <br />such greater height shall not be <br />autboized except by the Village <br />Council upon recommendation of <br />the Planning Commission. <br />SECTION 10 <br />ADMINISTRATION <br />10.1 ENFORCEMENT.. A N D <br />PENALTIES <br />This ordinance shall - be ad- <br />ministered -and enforced by the <br />Buiding Inspector who is here- <br />by designated- as the -enforce- <br />Ing officer. The Building Inspec- <br />tor may institutein the name <br />of the'Village-of Mounds View, <br />any appropriate actions or pro- <br />ceedings against a_ violator as <br />provided by -law. Any person, <br />firm or corporation who vio- <br />lates,- disobeys, omits, neglects <br />or refuses- to comply with, or <br />Who resists the enforcement of <br />any of the provisions of this <br />Ordinance shall be guilty., of <br />punishable by a fine not'exceed,- <br />a" misdemeanor 'and shall be <br />ing One Hundred _($100:Op) Dol- <br />lar§ or ninety. -(90) days injail <br />for each offense. Each day <br />that -a violation continues to <br />exist shall constitute a separate <br />offense. <br />10.2 VALIDITY <br />If any section, subsection, sen- <br />tence, clause, or phrase of this <br />Ordinance is for any reason held <br />to be invalid, such decision <br />shall not affect the validity of <br />the remaining portions of this <br />Ordinance. Tae Village of <br />Mounds View hereby declares <br />that it would have passed this <br />.Ordinance and each section, <br />subsection, clause, sentence and <br />phrase thereof, irrespective of <br />the possibility that any one or <br />more sections, subsections, <br />clauses, sentences or phrases <br />be declared uncostitutional. <br />10.3 CONFLICTING ORDIN- <br />ANCES AND RESOLUTIONS <br />It is the intent and it is hereby <br />--declared- mat- if--'any--sectloM _- <br />of this Ordinance conflicts with <br />any section of any other ordin- <br />ance, or resolution, that the sec- <br />tion of either ordinance that, <br />places the greater restrictions <br />shall prevail and be in force <br />and effect. <br />10.4 FEES <br />To defray administrative costs <br />of processing of requosts for a- <br />mendments to the Zoning map, <br />vari?noes, or special permits• <br />a fee shall be paid by the ap- <br />plicant as follows: <br />Application for rezoning— <br />$25.00 <br />Variance to the Ordinance— <br />$5.00 <br />Special Permit—$5.00 <br />Fees shall be payable at the <br />time applications are filed with <br />the Village -Clerk and are not <br />refundable unless application is <br />withdrawn prior to referral to <br />the Planning Commission. <br />SECTION 11 - - <br />AMENDMENTS <br />11.1 The Village Council may a- <br />mend this Ordinance and for <br />the official zoning map .upon a <br />four fifths' (4/5) vote of the <br />Council.- Any person, firmor <br />corporation owning real estate <br />in the Village of Mounds View <br />may file an application with the <br />Village. Clerk in the form of a <br />written request or petition to <br />rezone. their said real estate.or <br />such real estate abutting there- <br />to. The application -shall be <br />accompanied by an abstractor's <br />certified property certificate <br />showing, theproperty owners <br />With 250- feet of the outer <br />boundaries, of the land propos- <br />ea to be rezoned. The Village <br />Clerk shall refer such written <br />application, together with ab- <br />stractor's certified property <br />certificate to the Village Coun- <br />cil. If the application is in the <br />form of a petition and contains <br />the signatures of fifty (50) per <br />cent of the property owners <br />abutting the land affected, the <br />Village Council shall refer the <br />application and related infor- <br />mation to the Planning Com- <br />mission. Any other application <br />may be referred by the Coun- <br />cil to the Planning Commiss- <br />ion, or returned to the applicant. <br />The Village Council may of its <br />own motion initiate the request <br />for rezoning and refer the same <br />to the Planning Commission. <br />11.2 The Planning Commission <br />shall hold a public hearing af- <br />fording an opportunity for all <br />parties interested to be heard <br />and shall give not less than <br />ten (10) days nor more than <br />thirty (30) day's notice of time <br />and place of such hearing, pub- <br />lished in the designated legal <br />newspaper for the Village. Such <br />notice shall also contain the <br />description of the land and the <br />proposed change in zoning. At <br />least ten (10) days before the <br />hearing the Planning Commis- <br />sion shall mail an identical no- <br />tice to the owner and to each <br />of the property owners within <br />250 feet of theoutside bound- <br />aries of the land proposed to be <br />rezoned. Failure of the Planning <br />Commission to mail the notice <br />or failure of the property own- <br />ers to receive the notice shall <br />not invalidate the proceedings. <br />