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HomeMy WebLinkAboutOrdinance 590 e e e ORDINANCE NO. 590 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA AN ORDINANCE RELATING TO SETBACKS FOR PARKING LOTS, DRIVEWAYS, AND PRINCIPAL AND ACCESSORY BUILDINGS; MINIMUM LOT AREA FOR NON-RESIDENTIAL USES LISTED AS CONDITIONAL USES IN RESIDENTIAL DISTRICTS; THE CONTINUED USE OF NONCONFORMING PARKING LOTS; AND AMENDING TITLE 1100, SECTIONS 1102.01, 1104.01, 1104.02, 1106.04, 1107.05, 1109.04, 1110.04, 1121.09, 1121.11, AND 1123. 02 THE CITY OF MOUNDS VIEW ORDAINS: Section 1. Section 1102.01 of the Mounds View Municipal Code is hereby amended to add the following definitions which shall be inserted as subdivisions in alphabetical order, and the remaining subdivisions in this section are to be renumbered accordingly: Parking Area: An area separate from public rights-of-way designed and surfaced for the parking of motor vehicles including parking spaces. drive aisles. and associated access and egress routes. Parking areas shall also include emergency access lanes and loading areas. Principal Building: The main or primary building containing the principal use of a property as distinguished from an accessory building. Section 2. Section 1104.01 Subd. 3. of the Mounds View Municipal Code Is hereby amended to read as follows: Subd. 3. Setbacks for Principal Buildings: The setback distances listed in the table below apply to principal buildings. except as otherwise provided for conditional uses in specific zoning districts. All setback distances shown, as listed in the table below, shall be measured from the appropriate lot line. The lettered footnotes correspond to Section 1104.01 Subd. 3. a.. b.. c.. and d. Front Yard Side Yard Rear Yard District! Minimum Minimum When Abuts Minimum When Abuts Residential Residential R-I 30 a.!!. lOb. 304. R-2 30 a.!!. 10 b. 304. R-3 30 lOco 20c. 30 40 R-4 30 20 c. 20 c. 30 50 R-5 -- As required under Chapter 1110.05 of this Title n lLettered footnotes in this table correspond to Section 1104.01 Subd. 3. a.. b.. c.. and d. . . . Ordinance No. 590 Page 2 Front Yard Side Yard Rear Yard Districtz Minimwn Minimwn When Abuts Minimwn When Abuts Residential Residential R-O 30 20c. 20c. 30 50 B-1 30 d:- lOc. 20c. 20 30 B-2 30 d:- 10 c. 20c. 20 30 B-3 30 d:- lOc. 20c. 20 40 B-4 30 d:- 10 c. 30 30 40 1-1 40 d:- 20c. 40 40 40 PUD -- As required under Chapter 1120 of this Title-- Where adjacent str uctur es principal buildings in existence on lots within the same block on the same side of the street have front yard setbacks different from those required, the minimum front yard setback for any new principal buildings shall be within the range of the setbacks of the adjacent structures. the minimum front yard setback in existence for anyone lot. If there is only one adjacent structure, the front yard setback shall be within the range of the required setback of thirty feet (30') and the setback of the adjac.ent structure. In no case shall the front yard setback be less than thirty feet (30'). For purposes of this subsection a.. a block shall be defined as that group oflots lying along a street between the two closest intersecting streets. except that where the length of the street frontage between the two intersecting streets is greater than fourteen hundred (1400) feet. the block shall be the lots within six hundred and fifty (650) feet on either side of the lot in question. or to an intersecting street whichever is less. b. Not less than thirty feet (30') from the lot line iflot is on comer and the lot line abuts a street. , and on intetior lines, a five foot (5') setback on the garage side for the gc11age structure is allowed. The side yard setback may be reduced to five feet (5') between an interior side lot line and that side of a principal building which is constructed as a garage. Where an attached garage is placed between the five foot (5') and the ten foot (10') side yard setback which applies to principal buildings. that portion of the garage at ten feet (10') or less to the side lot line shall not be converted into living space or another use. a. c. Not less than thirty feet (30') from lot line iflot is on comer and lot line abuts a street. d. Vehide parking 01 loading docks shall not be located within the minimum required setback. d. Where a lot is a through lot. the minimum setback for principal buildings from the lot line abutting the street at the rear of the lot shall be the same as the front setback. 2Lettered footnotes in this table correspond to Section 1104.01 Subd. 3. a.. b.. c.. and d. . . . Ordinance No. 590 Page 3 Section 3. Section 1104.01 Subd. 4. Is hereby amended to read as follows: Subd.4. Location to Driveway. Driveway sUlfaces shall be not less than five feet (5') flom any lot line, except where said driveway provides access to a public sheet. V"Tith the written permission of the adjacent PI operty owner, temporalY parking sUlfaces may be within five feet (5') but not less than one foot (1') flom any lot line. The combined width oftemp01ary parking and driveway surfaces shall not exceed thirty five feet (35'). Subd.4. Minimum Setbacks for Accessory Buildings, Driveways and Parking Areas: a. Accessory Buildings (detached from a principal building): ill R- L R-2, R-3, R-4, R-5 and R-O: !ill front: no accessory building shall be located between the front of the principal building and the front lot line. .au side: five feet (5') except the minimum setback shall be 30' from any lot line abutting a public street. W rear, including street frontages at the rear of through lots: five feet IT1 ill All other districts: !ill front: no accessory building shall be located between the front of the principal building and the front lot line. .au side: same as principal building. W rear: same as principal building, except accessory buildings having 400 square feet or less and not abutting property in a residential district or a street, may have a minimum rear setback of ten feet QQl b. Driveways: Driveway surfaces shall have a minimum setback offive feet (5') from any lot line, except driveways shall be permitted to cross a required setback area in order to establish access between the lot and a public street. Where a driveway would encroach into an easement, the property owner shall obtain an encroachment permit if required by the City prior to construction of the driveway. Drive aisles and driveways which are within the boundaries of a parking area shall conform to the setbacks required for parking areas. c. Parking Areas: ill R-L R-2, R-3, R-4, R-5, R-O: !ill residential uses: five feet (5'), except in the R-l and R-2 districts, temporary parking areas shall be permitted with a setback of one foot (1 ') provided the owner( s) of the abutting lot( s) indicates his/her permission on a form acceptable to the City. Where a temporary parking area . . . ~dinance~o.590 Page 4 would encroach into an easement. the property owner shall obtain approval for an encroachment permit if required by the appropriate authority prior to construction of the driveway. The combined width of parking and driveway surfaces shall not exceed thirty five feet (35'). (Ord. 524.2-22-93) Surfacing of temporary parking areas shall be in accordance with Section 1121.09 Subd. 7. @ non-residential uses: five feet (5') except where non-residential uses abut property in a residential district. the setback for parking areas from the common property line shall be as follows: Ii1 for sites having two and one-half (2.5) acres or less: twenty feet (20') [ii]. for sites having more than two and one-half (2.5) acres: thirty feet (30') Parking areas in existence as of the date of enactment of this ordinance). and which do not conform to the provisions of this subsection. may continue subiect to the provisions of Section 1123.02 Subd. l(b). ill B-1. B-2. B-3. B-4 (parking areas and loading docks): w front: 30 feet @ side and rear: 5 feet, except where a non-residential use abuts a property in a residential district. the setback for parking areas from the common property line shall be as stated in Section 1104.01 Subd. 4.c.1.b. ill 1-1 (parking areas and loading docks): W. front: 40 feet @ side and rear: 5 feet, except where a non-residential use abuts a property in a residential district. the setback for parking areas from the common property line shall be as stated in Section 1104.01 Subd. 4.c.1.b. Section 4. Section 1104.02 Subd. 2. is hereby amended to read as follows: Subd. 2. Lot Areas Dimensions: Lot dimensions width and area shall not be less than the following: - a. Width (1) R-l interior lot (2) R-l corner lot, R-2, R-3, R-4, R-O 75 feet 100 feet b. Squat e Feet Minimum Lot Area . . . Ordinance No. 590 Page 5 (1) (2) (3) Computations for lot area shall not include land beyond a depth of one hundred fifty feet (150') on lots having less than one hundred foot (100') frontage. Lots having equal to or greater than one hundred foot (1 DO') frontage may use depths not exceeding one and one-half(I-I/2) times the frontage in computing lot area. Minimum lot size area requirement shall be as stated in the table below. The lot area per dwelling unit requirements for townhouses. condominiums. planned unit developments and multiple family developments shall be calculated on the basis of the total area in the project and as controlled by an individual and/or joint ownership: . . . Ordinance No. 590 Page 6 District/Type of Lot Minimum Lot Size Minimum Lot Area (in square feet) Per Dwelling Unit (in square feet)3 R-l Interior 11 ,000 11.000 (no more than one unit Single Family Detached per lot regardless of lot size) R-l Comer Lot 12,500 12.500 (no more than one unit Single Family Detached per lot regardless of lot size) R-l.R-2.R-3.R-4.R-5 43.560 (1 acre) Non-residential uses listed as conditional uses. except for governmental and public utility buildings and structures necessary for the health. safety and general welfare of the community R-2. -12,500 for lot developed with single- 12.500 for single family detached Single Family Detached: Two family detached dwelling: dwellings (no more than one unit Family Attached Dwellings - 6.250 for each half of divided lot per lot regardless of lot size) developed with two-family dwelling: 6.250 for each unit in a two- -12.500 for undivided lot developed with family dwelling (no more than two-family dwelling two units per lot regardless oflot Size R-3. R-4 single family detached: 11,000 Single Family Detached: two-family: 6,250 Two Family Attached: townhouse: 6,500 Townhouses. Condominiums. multiple family: 2,500 Planned Unit Developments. Multiple Famil~ 1-1 43,560 (1 acre) B-1. B-2. B-3. B-4 no minimum: must allow for setbacks and parking requirements to be met (a) (b) (c) R-I interior lot R-l COIner lot, R-2, R-J I-I 11, 000 squat e feet 12,500 squate feet 1 aCI e (4) Lot alea pel dwelling unit. (The lot atea pel dwelling unit Iequirements fOt townhouses, condominiums and planned unit developnlents sllall be calculated on the basis on the total at ea in the ploject and as contIOlled by an individual and joint ownelship.) (a) (b) Single family Two-family 11, 000 squat e feet G,250 squal e feet 3 See Section 1104.01 Subd 2.b.(3) and (4). .. . . . Ordinance No. 590 Page 7 (c) (d) Townhouse Multiple-vamily 6,500 squale feet 2,500 square feet fflill Usable Open Space: Each multiple-family dwelling site shall contain at least six hundred twenty five (625) square feet of usable open space as defined by Section subdivision 1102.02 tte91 Subd. 109 of this Code for each dwelling unit contained therein. Section 6. Section 1106.04 Subd. 1 and Section 1110.04 Subd. 2 are hereby amended to read as follows: Public or semi-public recreational buildings and neighborhood or community centers, public and private educational institutions limited to elementary, junior high and senior high schools and religiqus institutions, such as churches, chapels, temples and synagogues; provided, that: a. Front yard depths shall be a minimum of thirty five feet (35'). b. Side yards shall be no less than thirty feet (30'). c. Minimum lot area shall be no less than one (1) acre. or as provided in Section 1104.02 Subd. 2.b.(3). c:-d. Adequate screening from abutting residential uses and landscaping is provided in compliance with Section 1103. 08f61 of this Title. d:-e. Adequate off-street parking and access is provided on the site or on lots directly abutting or directly across a public street to the principal use in compliance with Chapter 1121 of this Title and that such parking is adequately screened and landscaped from surrounding and abutting residential uses in compliance with Section 1103. 08f61 of this Title. e:-f. Adequate off-street loading and service entrances are provided and regulated where applicable by Chapter 1122 of this Title. fg,. The provisions of Subdivision Section 1125.01 Subd. 1 ttJ e of this Title are considered and satisfactorily met. Section 7. Section 1107.05 Subd. 2 and Section 1110.04 Subd. 7 are hereby amended to read as follows: Day care, group nursery; provided, that, a. No overnight facilities are provided for the children served. Children are delivered and removed daily. b. The front yard depth shall be a minimum of thirty feet (30'). c. Minimum lot area shall be no less than one (1) acre. or as provided in Section 1104.02 Subd. 2.b.(3). . . . Ordinance No. 590 Page 8 c:-d. No less than forty (40) square feet of outside play space per child shall be provided and that such space be suitably fenced and/or screened in accordance with conditions as may be specified by the City Council. Adequate off-street parking and access is provided in compliance with Chapter 1121 of this Title. d-..sh Adequate off-street loading and service entrances are provided in compliance with Chapter 1122 of this Title. The site and related parking and service entrances shall be served by an arterial of collector street of sufficient capacity to accommodate the traffic which will be generated. All signing and informational or visual communication devices shall be in compliance with the Mounds View Sign Code. The provisions of subdivision Section 1125.01 Subd. 1. ffl e. of this Title are considered and satisfactorily met. (1988 Code ~40 .11 ) Section 8. Section 1109.04 Subd 2. and Section 1110.04 Subd. 8 are hereby amended to read as follows: e:-f fg,. g:-h. h:-i...:. Nursing homes and similar group housing but not including hospitals, sanitariums or similar institutions; provided, that: a. Side yards double the minimum requirements established for this District and are screened in compliance with Section 1003.08 1103. 08(6) 1103.08 of this Title. b. Minimum lot area shall be no less than one (1) acre. or as provided in Section 1104.02 Subd. 2.b.(3). b:-c. Only the rear yard shall be used for play or recreational area. Said area shall be fenced and controlled and screened in compliance with Section 1003.08 1103.08(6) 1103.08 of this Title. c:-d. The site shall be served by an arterial or collector street of sufficient capacity to accommodate traffic which will be generated. d-e. All signing and informational or visual communication devices shall be in compliance with the Mounds View Sign Code. e:-f All State laws and statutes governing such use are strictly adhered to, and all required operating permits are secured. . . . Ordinance No. 590 Page 9 On off-street loading space in compliance with Chapter 1122 of this Title is provided. g:-h. The provisions of subdivision Section 1125.01 Subd. 1. ffl e of this Title are considered and satisfactorily tpet. fg,. Section 9. Section 1121.09 Subd. 11 is hereby amended to read as follows: Subd. 11. Curbing and Landscaping: Except for single-family, two-family and townhouses (in developments of six units or less), all open off-street parking shall have a perimeter curb barrier around the entire parking lot.:. , said curb bat ner shall not be do set than five feet (5') to any lot line. The location of this curb barrier shall comply with the setback requirements for parking areas stated in Section 1104.01 Subd. 4. Grass, plantings or surfacing materials shall be provided in all areas bordering the parking area. Section 10. Section 1121.11 Subd. 3 is hereby amended to read as follows: Subd. 3. Accessory off-street parking shall be not less than five feet (5') flom any lot line. shall comply with the required minimum setbacks as stated in Section 1104.01 Subd.4. Section 11. Section 1123.02 Subd. 1 is hereby amended to read as follows: Subd. 1. Continuance of Use: tv. General: Any structure or use lawfully existing prior to a zoning use change revision to this Code or a change in a zoning district designation which makes the structure or use nonconforming shall not be enlarged but may be continued at the size and in the manner of operation existing upon such date, except as hereinafter specified or subsequently amended. Parking Areas for Non-Residential Uses. Allowed by Conditional Use Permit in the R-L R-2. R-3. R-4 and R-5 Districts: Parking areas in existence as of the date of enactment of this ordinance. and having setbacks which are non-conforming with respect to setback requirements stated in Section 1104.01 Subd. 4. may continue in use and may be resurfaced and restriped. and may be reconstructed or replaced using setbacks which conform to the ordinance in effect at the time of original construction. except that a parking lot being reconstructed or replaced shall be made conforming to the current setback requirements in effect at the time of reconstruction or replacement if feasible without reducing the required number of parking spaces. The feasibility of meeting the current setback requirements shall be determined by the Director of Community Development. (h) . . . Ordinance No. 590 Page 10 N Read by the City Council of the City of Mounds View this E day of OV-ern her, 1996. Read and passed by the City Council of the City of Mounds View this O? r; day of No Vern b<.-r , 1996. ATTEST: APPROVED AS TO FORM: ~.~ Robert Long, City At c: \office\wpwin \wpdoc~\regs\parksetb \parksetb.fin