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HomeMy WebLinkAboutOrdinance 620 . . . ORDINANCE NO. 620 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA AN ORDINANCE AMENDING CHAPTERS 607, 902, 1005, 1102, 1104, 1106, 1108 AND 1129 OF THE MOUNDS VIEW MUNICIPAL CODE RELATING TO DRIVEWAYS, PARKING AREAS AND ACCESSORY BUILDINGS WITHIN THE CITY OF MOUNDS VIEW, SPECIAL PLANNING CASE SP-063-98 THE CITY OF MOUNDS VIEW ORDAINS: SECTION 1: Section 607.06 of the Mounds View Nuisance Code is hereby amended with the proposed additions and deletions underlined and italicized and sf, uck out and italicized, respectively, to read as follows: 607.06: OUTSIDE PARKING AND STORAGE: Subd. 1. Definitions: When used in this Section, the following words and phrases shall have the meanings ascribed to them in this Subdivision: a. FRONT YARD AREA: All that area between the front property line and a line drawn along the front face or faces of the principal structure on the property extended to the side property lines. The front side of the property shall be determined as specified in Title 1100 of this Code. b. OCCUPANT: Any person living in or in control of any dwelling unit upon property wherein a motor vehicle is parked. c. IMPROVED SURFACE: An improved surface shall mean a drivewav or parking area constructed of asphalt. concrete. brick or a parking area of gravel construction (according to Section 1121.09. Subd 7 of this Code.) d IMPROVED SURFACE. PERMANENT: Permanent improved surfaces are those constructed of asphalt. concrete or brick. c:- e. VEHICLE OR VEHICLES: Any moftJr vehicle as defined in Minnesota Statutes as <t. . . everv device in. upon. or bv which and person or oroperty is or may be transported or drawn upon a highwav . . . " but excluding the following: (1) Trailers with weight classifications of A and B (0 - 1.500 lbs and 1.501 - 3.000 lbs. respectivel)!.) as provided in Minnesota Statutes. . . . (2) Snowmobiles, and (3) All-terrain vehicles as defined in Minnesota Statutes. d:.i VITAL COMPONENT PARTS: Those parts of the motor vehicle that are essential to the mechanical functioning of the vehicle, including, but not limited to, the motor, drive train and wheels. Subd. 3. Unlawful Parking And Storage: a. No person may place, store, or allow the placement or storage of ice fish houses, skateboard ramps, play houses, or other similar nonpermanent structures outside continuously for longer than twenty four (24) hours in the front-yard area of residentially-zoned property. b. No person may place, store or allow the placement or storage of pipe, lumber, steel, machinery, or similar materials, including all materials used in connection with a business, outside on residentially-zoned property. c. No person shall cause, undertake, permit or allow the outside parking and storage of vehicles in residentially-zoned property unless it complies with the following requirements: (1) Vehicles which are parked or stored outside shall be parked upon an "improved surface", as defined in this Code. (2) All vehicles, watercraft and other articles stored outside on residential property must be owned by a person who is a legal resident of that property. d. No person owning, driving or in charge of any vehicle with a weight classification, as specified in Minnesota Statutes, may cause or permit that vehicle to be parked outside or stand continuously for more than two (2) hours on property or public street within a residential zone in the City. (Ord 620. 7-27-98) SECTION 2: Section 902.05 of the Mounds View City Code is hereby amended with the proposed additions and deletions underlined and italicized and .Jtl tick (Jut and italicized, respectively, to read as follows: 902.05: DRIVEWAY CONSTRUCTION: Subd. 1. General Construction: The following procedure and specifications shall be required for Page 2 . all gta~el, COllClete 07 asphatt driveway construction from streets to private garages. and parking areas attached thereto: 1 a. Excavation: The driveway or parking area shall be excavated to remove all black dirt from the area to be surfaced. b. Drainage Provisions: The driveway or parking area shall be constructed so as to provide drainage from the garage to the street unless a variance is granted by the Building Inspector2. Subd. 2. Gravel ConstlUction. Mel initial excavation, the driveway constlUGtiol1 shall consist of a minimum of row inches (4") ofCla5s 2 clUshed rock (3/4" down) compacted in place. Subd. -32.. Concrete Construction: a. After initial excavation, the driveway shall be backfilled with Class 4 base material, compacted in place, to an elevation four inches (4") below the finished surface grade of the driveway. b. The driveway construction shall consist of a minimum of four inches (4 ") of three thousand five hundred (3,500) pound mix, four inch (4") slump with air. . Subd. -=lJ.. Asphalt Construction: a. After initial excavation, the driveway shall be backfilled with Class 4 base material, compacted in place, to an elevation four inches (4") below the finished surface grade of the driveway. b. The driveway construction shall consist ofa minimum of two inches (2") (compacted thickness), Class 5 base material and a minimum of two inches (2") (compacted thickness) bituminous wearing course conforming to Minnesota Highway Department specifications 2331. c. The bituminous wearing course material shall not be delivered to the job site until the Class 5 base material has been placed compacted. (1988 Code 944.05) Subd. 4. Brick Construction2: a. After initial excavation and compaction of the exposed earth. the driveway shall be backfilled with four inches (4") C?fClass 4 base material. compacted in place. to an elevation/our inches (4") below the.finished surface grade C?fthe driveway. b. The drivewav construction shall consist C?f a leveled laver of sand not to exceed 10 . Page 3 . . . inches deep upon which the bricks or pavers are to be fitted and interlocked. held in vlace by an edging material. c. Dry sand shall be scattered over the drivewav area and swept into the cracks between the bricks or pavers and repeated as necessary until all voids are filled (Ord 620. 7-27-98) Subd 5. Gravel Construction: After initial excavation. the parking area construction (not to exceed 300 square feet in area) shall consist of a minimum offour inches (4") of Class 2 rock compacted into place. 1 See Chapter 1302 of this Code for stonnwater management requirements. LBecause of the numerous !yves and styles of brick and brick vavers available. these construction guidelines mav be suverseded bv individual manufacturer or vrofessionallandscave svecifications. SECTION 3: Section 1005.06 ofthe Mounds View Building Code is hereby amended with the proposed additions and deletions underlined and italicized and st! tick Otit and italicized, respectively, to read as follows: 1005.06: EXTERIOR AND STRUCTURAL STANDARDS: No person shall occupy, as owner-occupant, or let to another for occupancy any dwelling or multiple dwelling, dwelling unit, rooming house, rooming unit or portion thereof which does not comply with the following requirements: Subd. 2. Stairs, Porches, Railings, Sidewalks and Driveways: e. Every driveway surface shall be constructed with a permanent improved surface so as to control dust. drainage and erosion. according to the requirements as set forth in Section 902.05 of this Code. Every drivewav and parking area. except on R-i and R-2 properties. shall be maintained vear round in good condition. free from snow and/or debris that might build up to cause a dangerous surface. maintained and of a mate! ial t!Jat ,ritl not crode duc 10 surr-ounding conditionSZ: f. Drivewavs not imvroved as of the date of enactment of Ordinance 620 mav be allowed ~ ~ to continue subject to the vrovisions of Section i123.02 subdivision 10) of this Title. (Ord 620. 7-27-98) SECTION 4: Section 1102.02 of the Mounds View Zoning Code is hereby amended by Page 4 . . . adding two definitions, Subdivisions 56 and 57, and renumbering the subsequent subdivisions as necessary: 1102.02: DEFINITIONS: The following words and terms, wherever they occur in this Code, shall be defined as follows: (Ord. 548, 9-24-94, Ord 620. 7-27-98) Subd. 56. IMPROVED SURFACE: An improved surface shall mean a drivewav or parking area constructed of asphalt. concrete. brick or a parking area of gravel construction (according to Section 1121.09. Subd 7 of this Code.) Subd. 57. IMPROVED SURF ACE. PERMANENT: Permanent improved surfaces are those constructed of asvhalt. concrete or brick. SECTION 5: Section 1104.01 of the Mounds View Zoning Code is hereby amended with the proposed additions and deletions underlined and italicized and stl tick Otit and itctlicized, respectively, to read as follows: 1104.01: YARD REQUIREMENTS Subd. 4. Minimum Setbacks for Accessory Buildings, Driveways and Parking Areas: a. Accessory Buildings (detached from a principal building): (Ord. 590, 11-25-96) (1) R-1, R-2, R-3, R-4, R-5 and R-O: (a) front: no accessory building shall be located between the front of the principal building and the front lot line. (Ord. 590, 11-25-96) (b) side: five feet (5') except the minimum setback shall be thirty feet (30') from any lot line abutting a public street. (Ord. 590, 11-25-96) (c) rear, including street frontages at the rear of through lots: five feet (5'). (Ord. 590, 11-25-96) (2) All other districts: (a) front: no accessory building shall be located between the front of the principal building and the front lot line. (Ord. 590, 11-25-96) (b) side: same as principal building. (Ord. 590, 11-25-96) ( c) rear: same as principal building, except accessory buildings having four hundred (400) square feet or less and not abutting property in a residential Page 5 . district or a street, may have a minimum rear setback often feet (10'). (Ord. 590, 11-25-96) b. Driveways: Driveway surfaces shall have a minimum setback offive feet (5') flom auy lot lille, except dl i veways sllall be pellnitted to ClOSS a I equil ed setback al ea ill 01 del to establish access between tile lot and a public stleet. \Yhele a dliveway would encloach into an easement, the pr opel ty 0 w nel shall obtain all encIOachment pel mit if r equil ed by the City priol to construction of the dliveway. Drive aisles and driveways which are within the boundaries ofa patlcing alea shall confulm to the setbacks 1 equired for parking aleas. (Old. 590, 11-25-9G) ill Drivewavs shall have a minimum setback of five feet (5') from anv lot line. except as permitted in Sections 1104.01. Subd 4b and 1121.15. Subd 2 of this Title. Drivewavs shall be permitted to cross a required setback area in order to establish access between the lot and a vublic street. Where a drivewav would encroach into an easement. the property owner shall obtain an encroachment permit if required bv the City prior to construction of the drivewav. Drive aisles and drivewavs which are within the boundaries of a parking area shall conform to the setbacks required for parking areas. (Ord 590. 11-25-96) . ill Drivewavs in existence as of the date of enactment of Ordinance 620 and . which do not conform to the vrovisions of this subsection. mav continue subject to the - ~ provisions of Section 1123.02 subdivision 1(/2) of this Title. (Ord 620. 7-27-98) c. Parking Areas: (1) R-I, R-2, R-3, R-4, R-5, R-O: (a) residential uses: five feet (5'), except in the R-I and R-2 districts, t'el1tpmwy parking areas and drivewavs shall be permitted with a setback of one foot (I') provided the owner( s) of the abutting lot( s) indicates their permission on a form acceptable to the City. Where a tempm my parking area 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'). Swfacing oftempmmy pet1king meets shall be. in acc01dance ,pith Sectiml 1121.09 subdit'isiml 7. (Ord.524, 2-22-93; Ord. 590, 11-25-96; Ord 620. 7-27-98) . (b) non-residential uses: Page 6 . . . 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: (Ord. 590, 11-25-96) [I]. for sites having two and one-half (2.5 ) acres or less: twenty feet (20') (Ord. 590, 11-25-96) [ii]. for sites having more than two and one-half (2.5) acres: thirty feet (30') (Ord. 590, 11-25-96) .I.n.cn king at eas in exijtence as of the date of enactment of this Section), atld rphich do not C01if01nl to the pfOttisi01IS o:/this subsection, may continue subject to the pI 0 ttisi011S of Secti011 Il2J.02 subdivision ](b). (Old 590, n-25-96) (2) B-1, B-2, B-3, B-4 (parking areas and loading docks): (a) front: thirty feet (30') (Ord. 590, 11-25-96) (b) side and rear: five feet (5'), 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 subdivision 4c(I)(b). (Ord. 590, 11-25-96) (3) I-I (parking areas and loading docks): (a) front: forty feet (40') (Ord. 590, 11-25-96) (b) side and rear: five feet (5'), 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 subdivision 4c(I)(b). (Ord. 524,2-22-93; Ord. 590, 11-25-96) (4) Parking areas in existence as of the date of enactment of Ordinance 620 and which do not cOf!form to the provisions of this subsection. mav continue subiect to the provisions of Section 1123.02 subdivision lb. (Ord 620. 7-27-98) SECTION 6: Section 1106.03 of the Mounds View Zoning Code is hereby amended with the proposed additions and deletions underlined and italicized and stluck out and italicized, respectively, to read as follows: 1106.03: ACCESSORY USES: The following are permitted accessory uses in an R-l Page 7 . . . District: (1988 Code 940.10) Subd. 1. Accessory Buildings: Accessory buildings, such as garages or tool houses, sheds and similar buildings for storage of domestic supply and noncommercial recreational equipment. a. Private garages, parking spaces and carports as regulated by Chapter 1121, Off-Street Parking, of this Title. Private garages are intended solely for storage of the private passenger vehicles of the residents of the premises. Such spaces can be rented to nonresidents of the property for private passenger vehicles and/or noncommercial vehicles, trailers or equipment if sufficient off-street parking, in full compliance with this Title, is provided elsewhere on the property. b. No permit shall be issued for the construction of more than one private garage for each dwelling. Each applicant for a building permit to construct any dwellings shall be required to provide off-street parking spaces for at least two (2) automobiles per family in addition to any garage spaces to be used. Every dwelling house hereafter erected shall be so located on the lot so that at least a two (2) car garage, either attached or detached, can be located on said lot. c. No permit shall be issued for the construction of a residential dwelling. garage or garage expansion unless the drivewav servicing the property is improved with a vermanent surfacing material so as to control dust. drainage and erosion. according to the requirements as set forth in Section 902.05 of this Code. unless the property owner provides a signed. notarized statement in which the property owner agrees to improve the drivewav in coniunction with the desired construction activities or within three months of the commencement of such activities. in a form acceptable to the City Attornev. For the purposes of this Title. permanent surfacing materials are defined as concrete. asphalt or brick. d.e Accessory buildings shall not exceed fifteen feet (15') in height, shall be five feet (5') or more from all lots lines of adjoining lots and shall be six feet (6') or more from any other building or structure on the same lot. Attached garages must conform to the front and rear setback requirements for the principle structure, and the side yard setback shall be at least five feet (5'). e. The square-footage of a garage in an R-l District shall not exceed the square-footage o/the principal dwelling'sfoundation. except by conditional use permit. .Let No garage in an R-l District shall exceed nine hundredfiffy-two (952) eight hUlldled jixty j0111 (864) square feet in area, except by conditional use permit. ~e:- An outdoor living room or patio shall not be used for storage of automobiles or trucks. Page 8 . . . lLJ; No permit shall be issued for the construction of more than two (2) accessory buildings in any R-l District. One of the two (2) permits must be for a garage. ig; No accessory building other than a garage shall exceed two hundred sixteen (216) square feet, except by conditional use permit. .in: The combined square footage Qijor-ttH accessory buildings in a rear vard on (me. lot shall not exceed occupy 111m e them twenty fiw percent (.20 Z:5-%) of the rear yard. (Ord. 442, 7-11-88; Ord 620. 1993 Code, 7-27-98) SECTION 7: Section 1106.04 of the Mounds View Zoning Code is hereby amended with the proposed additions and deletions underlined and italicized and sf! uck out and italicized, respectively, to read as follows: 1106.04: CONDITIONAL USES: The following are conditional uses in an R-l District (requiring a conditional use permit based upon procedures set forth in and regulated by Section 1125.01 of this Title): Subd. 6. Garage exceeding nine hundred fifty-two(952) eight hunm e.d .sixty jom (864) square feet. a. The accessory building must conform with Section 1103.06 and subdivision 1106.03(1) of this Title. b. The combined square footage of all accessory buildings on one lot cannot exceed one thousand four hundred (JAOO) 011e. thousand mo hundud .sixty fottl (1,264) square feet. c. If the gCIJ age sqUaJ e. footage is gt e.ate.! than one. thousand (1,000) squCil e feet, no othe! acassmy stmage buifdhig is allotf!ed. ~ d. The building shall be designed and maintained to provide a uniform appearance with the dwelling unit. de. The width of the building cannot exceed thirty five feet (35') nor allow for more than three (3) vehicle access. ~ f Should the use for which the permit was granted be changed, the permit shall be subject to reconsideration, revocation or other action regulated by Section 1125.01 of this Title. (Ord 620. 7-27-98) SECTION 8: Section 1108.03 of the Mounds View Zoning Code is hereby amended with the proposed additions and deletions underlined and italicized and stll1ck out and italicized, Page 9 . . . respectively, to read as follows: 1108.03: District: ACCESSORY USES: The following are permitted accessory uses in an R-3 All permitted accessory uses allowed in an R-2 District. Enclosed garage stalls. the number of which shall not exceed the number of dwelling units in the principal building. Individual stalls shall not exceed two hundred and fifty (250) square feet each and shall be attached to one another bv common interior walls which meet the Minnesota State Building Code requirements. All setback requirements as spec~fied in Section 1104.01. Subd 4. shall be met. Off-street loading. (Ord 620. 7-27-98 1988 Code S40.IJ) SECTION 9: Section 1121.09 of the Mounds View Zoning Code is hereby amended with the proposed additions and deletions underlined and italicized and st1 trek out and italidud, respectively, to read as follows: 1121.09: STALL, AISLE AND DRIVEWAY DESIGN: Subd. 1. Parking Space Size: Each parking space shall not be less than nine feet (9') wide and eighteen fppwty feet (18 ZfJ') in length exclusive of access aisles, and each space shall be served adequately by access aisles. Ten pel cent (.} 8%) of the I equb ed Jpaces may be 101 C(Jl1tpt'tCt tJehicles eight Clnd mle-halfll'!.et by sixteen feet (8- 5S ' x .} 6') and must be deCtlly posted fm wmpact tJehicles. [Subdivisions 2 through 6 remain unchanged.] Subd. 7. Surfacing: All areas, as allowed in Subdivision 1104.01(4) of this Title, to be utilized for parking space and driveways shall be surfaced with a permanent. improved surface material as defined in Section 1102.02 of this Chapter. suitable to control dust, drainage and erosion, meeting the requirements of Section 902.05 of this Code Ctlld shaft be insta::ed wilhin (Jne yeCtl f(J::(Jyrdng issuance of the building pe1 mil. Except in the caJe of sing/e-.fcmlily Ctlld tYfJo-jamily cbpellings, dl i tJe ways and stalls shall be sttrfi:tced ,pith a six inch (6'') classfitte (5) base and tYfJo inch (2'') bituminous topping 01 aft:: depth bituminous equi valent except as follows: A gravel surface material meeting the specifications of Section 902.05. Subd 5 of this Code mav be usedfor parking areas in an R-1 or R-2 District not to exceed three hundred (300) square feet or. if to be used as a parking surface for an RV. the minimum area that would encomvasses the wheel-base area of one (J) recreational vehicle. Plans for surfacing and drainage of driveways and stalls for five (5) or more vehicles shall be submitted to the Director of Community Develovment Public Wm Irs/City Engilleel for review, and the final drainage plan must Page 10 . . . receive the Director of Public Works/City Engineer's written approval. Temp01wy surfacing fm 'Off-sfl eet 1 eJidential pw king shalt comist 'Of b] ick 01 COlla ere pavers, gravel comt] ucti'On, as defined in subdivi;<;i011 902.05(2) of this Cock, OJ asphalt C01lJtlttCNall, as d~fiJled in Jubdivision 902.05(4) afthis C'Ode. lvYJ COllClete surftteing s-hatl he allartiedfm rempOlwy Jurftices. (Ord. 524,2-22-93; Ord 620. 7-27-98) [Subdivisions 8 through 12 remain unchanged.] SECTION 10: Section 1121.14 of the Mounds View Zoning Code is hereby amended with the proposed additions and deletions underlined and italicized and Stl tlck 'Out and italicized, respectively, to read as follows: 1121.14: PROOF OF PARKING C01VDITIONAL USE .l.nER!~lIT PARKING REDr]-CT}01~l: A reduction in the parking space requirements may be administrativelv granted by the Director of Community Develovment or formallv in conjunction with a City Council approved development review c011diti01lal use peJ111it appJO'(t(f1 if the following conditions are met: Subd. 1. The number of spaces being reduced does not exceed fifteen percent (15%) of the required amount. Subd. 2. The required area for the spaces being omitted must be available for later use if necessary. Subd. 3. The required area for the spaces being omitted must be complementary and coordinated with the proposed parking spaces and access tot he property. Subd. 4. The required area for the spaces being omitted shall be designated as undevelopable other than being used for parking or access. Subd. 5. A written agreement approved by the City Attorney shall be filed with the property requiring that the owner or subsequent owners be required to improve the omitted parking spaces if needed by the use of the property. (1988 Code 340.07 Ord 620. 7-27-98) Section 11. This Ordinance goes into effect thirty (30) days after its publication in the official City newspaper. Read by the City Council of the City of Mounds View on this 13th day of July, 1998. Read and passed by the City Council of the City of Mounds View on this 27th day of July, 1998. Page 11 . . . ATTEST: (SEAL) APPROVED AS TO FORM: ~~~c< City Attorney Page 12 ~v~ Duane McCarty, Mayor (fdLf e ,e 1e ~ffibabit of ~ublitation ~tate of JNinne~ota }gg. ~ountp of l\am~ep TONYA R.STENSGARD , being duly sworn, on oath, says that he/she is the publisher or authorized agent and employee of the publisher of the newspaper known as NEW BRIGHTON BULLETIN , and has full knowledge of the facts which are stated below: (A) The newspaper has complied with all of the requirements constituting qualification as a qualified newspaper, as provided by Minnesota Statute 331A.02, 331A.07, and other applicable laws, as amended. (8) The printed ORDINANCE NO. 620 which is attached was cut from the columns of said newspaper, and was printed and published once each week, for successive weeks; it was first published on WEDNESDAY, the 5TH day of AUGUST ,19~, and was thereafter printed and published on every to and including , the day of , 19~; and printed below is a copy of the lower case alphabet from A to Z, both inclusive, which is hereby acknowledged as being the size and kind of type used in the composition and publication of the notice: *ABCDEFGHIJKLMNOPQRSTUVWXYZ *ABCDEFGHIJKLMNOPQRSTUVWXYZ *abcdefghijklmnopq rstuvwxyz ~ ~'~~<:1AR Boo eeper Subscribed and sworn to before me on this 5TH day of AUGUST, 19 98 . 'S.~~ \.- ~ Notary Public *\JI~'; :1:) r~Wrf.r~i,~~ ~'J~":~I '~I:\ Isame size and kind of type as the notice. \' ';) RAW.S~Y COU:J r ( .,' MyComm.[Vr:resJan.31.2000. RATE INFORMATION Fa (1) Lowest classified rate paid by commercial users for comparable space. . . . . . . . . . . . . . . . . . . . . . . . $17.00 per col. inch (2) Maximum rate allowed by law for the above matter. . . . . . . . . . . . . . . $11.56 per col. inch (3) Rate actually charged for the above matter. . . . . . . . . . . . . . . . . . . . . $ per col. inch 1/98 ORDINANCE NO. 620 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA AN ORDINANCE AMENDING CHAPTERS 607, 902, 1005, 1102, 1104, 11<!6, 1108 AND 1129 OF THE MOUNDS VIEW MUNICIPAL CODE RELATING TO DRIVEWAYS, PARKING AREAS AND ACCESSORY BUILDINGS WITHIN THE CITY OF MOUNDS VIEW, ~PECIAL PLANNING CASE SPo083..ea ' THE CITY OF MOUNDS VIEW ORDAINS: SECTION 1: Section 607.06 of tbe'Mounds ..- View Nuisance Code is hereby amended with the proposed additions and 'deletiorts jJflderlined and italit>izec;j and~' 1IJr:( MfI ~ respectively to read as follows: 607.06: OUTSIDE PARKING AND STORAGE: Subd. 1. Definitions: When used in this Section, the fOllowing words and phrases s}1all have the meanings ascribed to them in this Subdivision: a. 'FRONT YARD AREA: All that area between the front property line and, a line drawn along the front face or faces of the principal structure on the property extended to the side property lines. The front side of the property shall be determined as specified in Title 110Q of this Code: b. OCCUPANT: Any person living in or in Control, of any dwelling, unit upon property Wherein a motor vehicle is parked. , , ~ ~~flo:nlE::e~~~~*:7v=~:: ~':':;~ra;: =~aot,,~:ES: ~~~;~;: to Sedi;~ 1121.;:' ~:;: 7 :;~ ~. ' ~ 1MP:r:,~7n~r~~:::;~::SR':,~~~;. ' ;:::::::;"ed ofasnhalt ;;;;~;;te or;Ztr: " "" ~ VEHICLE OR VEHICLES: Any '~ vehicle as defined in Minnesota Statutes as .: ~ eveN' device in . U";'~ : :av r:'::;~:: DfJrson or Dmnertv IS 0 . a 0 or drawn uOOfl a hi~h;'~~ :..:...,: but excluding the follOWing: ' " (1) Trailers With weight CIaSSificationll of A and B fQ - 1.500 Ibs and 1.501 _ 3 000 I~ &SDective./Jt1 as provided in ,Minnesota Statutes. (2) , SnowmObiles, and (3) AI/-terrain vehicles as defined in MinneSOta Statutes. fl.-t. VITAL COMPONENT PARTS: Those, parts of the motorvehicfe that are essential to the meChanical functioning of the VehiCle, incruding, but not limited to, the motor, drive train and wheels. Subd. 3. Unlawful Parking And Storage: a. No person may place, store, or allow the placement or storage of ice (iSh hOuses, ' skateboard ramps,play houses, or other similar nonpermanent structures Outside continuously for longer than twenty four (24) hours in the front-yard area of residentially_ zoned property. ' b. No person may place, store or allow the. placement or storage of pipe, lumber, steel, machinery, or similar materials, inClUding all materials used in connection with a bUl;;iness, Outside on residentially-zoned property. c. No person shall cause, undertake, permit or allow the outside parking and storage of vehicles in residentially_zoned property unless it complies with the fOllOWing requirements: (1) Vehicles which are, parked or stored outside shall be I2iUked II.QOn an "imprOVed sUrface", as defined in this Code. (2) All vehicles, watercraft and other articles stored outside on residential property must be owned by a person who is, a legal reSident of that property. d. No person owriil'Jg, driving or in charge of any vehicle with a weight ClaSSification, as SPecified in Minnesota Statutes, may cause or permit that. Vehicle to be parked ou, "',;" = '::;, """~ ~t ~ ~::::t2;i stand continuously for more than two (2) Lf/Ches (4)>) of Cia 11 C act i hours on property or,public street within a 12liiIDt.' (., residential zone in the City. Qrd. 620 1?-f.2: 'See Chapter 1302 of this COde for W1, . . ' stotmwater management requirements. ' ,,: SECJ10N ~ -. 9<l2<J5 ""'" """" '~'! ~ = ':f:'lt View City Code is hereby amended with the " n' hr' Dave., a i, b A fti" P~,o~s~.additiOns an,d ,-' ~~ ~ ';;:E~ !lnd ita!'c/~ and "t'1o'~'r lilt 1i1fi ;1, ' , '/:,d~::~~:-;;:;%';:,urer r 011 e ." I respectIVely, to read as follows: !imdSC1irn> s;;:; ~ ' , 902.05. DRIVEWAY CONSTRUCTION: SECTION 3: Section 1005:06 of the Mounds Subd. 1. General Construction: The fOllOWing ,View Building Code is hereby amended with procedure and SPecifications shall be required the proposed additions and de/etioos for allgFQ' 1/', 1/1/;,&,-I/IJi 1/ /i"/iRsIN driveway Yl/aerlined and italici~ and "'trl!l/~ I/~t '* construction from streets to priVate garages. ~ respectively, to read as follows:' J,: ana Darkinn areas attachArl therfJ1Q:" 1005.06: EXTERIOR AND STRUCTUR.o\L a. Excavation: The driveway or Darkino ~ STANDARDS: No person shall occupy; as shall be excavated to remove all black dirt owner-occupant, or let to,another"for from the area to be SUrfac,ed. OCCupancy any dwelling' or multiple dwellfhg, b. Drainage Provisions: The drivewaY!2l dwelling unit. rooming house, roomingunit'or I2flrkino arl2il shall be constructeD so as to Portion thereof which does not Comply with ' prOVide drainage from the garage to the street the following requirements: unless a variance is granted by the Building . Subd. 2. Stairs, PorChes, Rai/ings, Sideviaiks Inspector': and Driveways:"" ~...:. "'; ~ ~:~::~::~:: . 'e~:'Y.. ";';":'..::::;'~;:, ;:::::~;:; ,fS~~1:,,-:.~~E:E ~~ii:.~ sU,bd'Z "---.~~:':! '~1 . _ m.. _ ... "'-y """ :::!;~;;:; . . ~;: be backfiJJe~ with Class 4 b,a se, material, ::~ ~n :':D~:'O::,f:~~~:tB:' f;%~Z~~ ' compacted In place,to an elevatIon four ~;; ~e~~ th;' t id n ' , . inches (4") below th,e finished surface grade illlnoerous suri~;;;;" MB'1''1'1f/~::=~ of the driveway. . :::r::~~lIt II"V 11/t B~i; ~; 1&'.' q ~ - b. The driveway construction shall consist of ~/itiMi. ' , ~" .a minimum of four inches (4") of three L, ::w~vs fmt;:''':eOVRffo''SD::::: ~~ ~oo..", "" """"", (3.5OO) poo", mo. ~ of O<<li . _ ~~:;;~ \ four inch (4") slump with air.. , '::r~nti~~e r~;~.~~~e, ~~O;i~:n:;: Subd. ~. Asphalt Construction:, ~~1~ !2 ~ ~ 'Il f . ' a., After initial excavation, the driveway shall IQrd 620. 7-27-ii, , , " .' be backfilled with Class 4 base material, SI;CTlON 4: Section 1102.02 of the Mo@s compacted in place, to an elevation four View Zoning Code is hereby amendelfby inches (4")'below the finished surface grade adding two definitions, SubdiviSions 56ahd of the driveway. 57, and,renumbar,ing the SUbsequJnt b. The driveway construction shall consist of subdiviSions as necessary: " ' ",~ a minimum of two inches (2") (compacted 1102.02: DEFINITIONS: The fOllOWing wdtds thickl1ess) bituminous, Wearing course' and tElrrnS, Wherever thell OCCur in this cQde, conforming to Minnesota Highway shall be defined as follows: (Ord. 548, 9-~4- Department sPecifications 2331. 94,Dra. 620. 7-271if!J ' , "', c. The bitumi~ous Wearing COurse material Slibd. 56. 1MPROY~ ~~R~'~E::& """ "".. '-"~, job ..."""... ~...... ~ ~ ~: ~~:;e:.a(~;a~~~~~~~~5)been ,Placed '!::: :eaco~;~~f~::i'e7~~nc;:~::a B1I/x14 ~~CkCO~:~~~ I . %:::ao::f;~'i=;:'I;;'';;; ~=~ i!. ~ ~I axe "N;" and ~ag'iO't:1 ~ ._;' g:~~f;;;; i'd"...". S'bd. 57. lMP~~~ ~~ ==>';;::.h"'~~ :~:.-= ~ "'=;;;~"""': ~ =... ~..,.;;; -;;:;.,%,:, -= ;;.. -"""'" , ." . ' :..~... ""- . .. SECnON ~ "-!> 11049' of "'" ""'11<- ' !2.;::e d~;:;;.a~ ~o~s:;u:~~ s=~==~~ VIew Zonrng COde '~ ,~reby ame,nded ~th ~:/e~,,-ifj, f s ~r ~ ~ the proposed addltlGlns and deletltl'hs ~ches d~~;Do~ ~~2~e::~ri. oa;:: jJfl'!erlined and i~/iCizftIJ an,d ~~'1/1I.',~ ~e ~ :;":~~~t k "ilJ ~, ' reSPectively, to read, a s, folloWS", _ wan ednina;:n:., ,1104.01: YARD REQUIREMENTS "'~ Q. ~~~ s~';/, ~~~~~~l: S~b.d. 4. Minimum SetbaCks for Acces~ry ==~ ~;: ;,:;:: ~ ~ B, ulldrngs, Drivewa~s 8,' nd Parldng Areas: ._ , ~~ ~ r Ii ~' a. Accessory BUIldIngs (detached fro};n a ~sarv Un1l7 all VOid;~";: ;:;= ~ principal bUilding): (Ord. 590,11-25-96),',' ~ Subd 5 GT:lvel con~":tir::; , ~:"r i~t~~exc-a~~iO~~: :::::'0 f'lti QQnstrut>tion (not to e ce fs' 'in. Public notices:. . Continued on Page-IJ corrective action within the thirty (30) days period and thereafter uses reasonable diligence to correct the violation or liability. c. In the event this Franchise Is I9IIOked by reason of default of Grantee, City shall be entitled to collect from the performance bond that amount which Is attributable to any _. .... 'If said citY's exercise, administration, or enforcement of the Franchise. c. Nothing in this Franohise relieves a Person, except City, from liability arising out of the failure to exercise reasonable care to allOid injuring the Grantee~s facilities while performing work connected with grading, regarding,. or changing the line of a Right-of-Way or public place or with the construction or reconstruction of a sewer or water system. 4.~. . a. As' a part of the indemnification provided in Section 8.3, but without limiting the foregoing, Grantee shall file with City at the time of its acceptance of thiS Franchise, and at all times thereafter maintain in full force and effect at its sole expense, a comprehensive general liability insurance policy, including broadcaster's/cablecaster's liability and contractual liability coverage, in protection of the Grantee, and the City, its officers, elected officials, boards, commissions, agents and employees for any and all damages and penalties which may arise as a result of this Franchise. The policy or policies shall name the City as an additional insured, and in their !:spacity as such, City officers, elected officials, boards, commissions, agents and employees. b. The policies of insurance shall be in the sum of not less than $1,000,000.00 for personal injury or'death of anyone Person, and $2,000.000.00 for personal injury or death of two or more Persons in anyone occurrence, $500,000.00 for property damage to anyone person and $2,000,000.00 for property damage resulting from anyone act or occurrence. c. The policy or policies of insurance shali be maintained by Grantee in full force and effect during the entire term of the Franchise. Each policy of insurance shall contain a statement on its face that the insurer will .not cancel the policy or fail to renew the policy, . whether for nonpayment of premium, or otherwise, and whether at the request of Grantee or for other reasons, except after sixty (&0) days advance written notice have been provided to City. . . SECTION 10. SALE, ABANDONMENT, TRANSFER AND REVOCATION OF FRANCHISE 1. City's Right to Revoke. a. In addition to all other rights which City . has pursuant to lawor equity, City reserves the right to commence proceedings to revoke, terminate or cancel this Franchise, and all rights and prjvilegespertaining thereto, if it is determined. by City th'at: i. Grantee has violated material provisions(s) of this Franchise; or I . ii. Grantee has attempt~d to evade any of the provisions of the Franchise;.or iii. Grantee has practiced fraud or deceit upon City. 2. Procedures for Revocation. . a. City shall provide Grantee with written notice- of a cause for revocation and the intent to revoke and shall allow Grantee thirty (30) !lays subsequent to receipt of the notlcein which to Correct the violation or to provide adequate assurance of performarice in compliance with the Franchise. In the notice required herein, City shall provide Grantee with the basis of the revocation. b. Grantee shall be provided the right to a publiC hearing affording due process before the City Council prior to the effective date of revocation, which public hearing shall follow the thirty (30) day notice provided in subparagraph (a) above. City shall provide Grantee with written notice of its decision together witl:) written findings of fact supplementing said decision. c. Only after the public hearing and upon written notice of the determination by Cliy to rD,\/nlt"g thA F'rAn~hi~ mRV ~mnt,:l,::t. ::lnnool ........l,.a any request to transfer. Nothing hereinshllP prevent Grantee from negotiating partial oT. complete payment of such costs and fees'!ly. the transferee. Grantee may not Itemize any such reimbursement on Subscriber bills, but may recover such expenses in its subscribll~: rates. ; c', f. In no event shall a sale, transfer\, corporate change, or assignment of ownersl1i'j1J or control pursuant to subparagraph (a) qr Cb).' of this Section be approved without ttle- . transferee becomin.g a signatory to ttils' Franchise and assummg all rights.alld- obligations thereunder, and assuming all oM' rights and obligations of the transferor to tI'l8' City including, but not limited to, any adequafll. guarantees or other security instrume.nts provided by the transferor. ~!f\. g. In the event of any proposed-sals? transfer, corporate change, or assignment pursuant to subparagraph (a) or (b) oftHfSo Section, City shall have the right to purchalie' the System for the value of the consideratiO~ proposed in such transaction. City's righH~ purchase shall arise upon City's receipt tll notice of the material terms of an offer '.<if proposal for sale, transfer, corporate change, ~ assignment, which Grantee. has accepte'c!h Notice of such offer or proposal mustb~ conveyep to City in writing and separate frdm any general announcement of the transaction. G h. City shall be deemed to have wai~ its right to purchase the System pursuant,to this Section. only in the followin'o circumstances: " , i. If City does not indicate to Gran~ ill. writing, Yfithin Sixty (60) days of receipt:l?f written notice of a proposed sale, transf$f', corporate change, or assignment as contemplated In Section 10.5 (g) above, 1ts intention to exercise its right of purchase; or .. ~ Ii. It approves the aSsignment or s8le of the Franchise as provided within U\'($ Section. kJ' i. No Franchise may be transferred if c1iY determines Grantee is in noncompliance oflhij Franchise unless an acceptable compllam:e program has been approved by City. Th~ approval of any transfer of ownership pursui!i\t tQ this Secti\)n shall not be deemed to waliJe any rights of City to subsequently enfotc~ noncompliance issues relating to this Franchlii!! . even if such issues predated the approva~ whether known or unknown-to City. r, . SECTION 11."" PROTECTION OF INDIVIDUAL RIGHTS"''; 1. Discriminatory Practices Prohibit~'ii. Grantee shall not (Jeny service, deny acceS( 'lor otherwise discriminate against Subscri~tli or general citizens on the basis of race, colOr. ! religion, . national origin, sex, age, status as"i!) I public assistance, affectional preference,"Clr disability. Grantee shall comply at all times wff~ all other applicable federal, state, and citylavg~, and all executive' and administrative orders relating to nondiscrimination. 2. Subscriber Privacy. . :~~'~ a. No signals including signals of a Cla~ IV Channel may be transmitted. from'va Subscriber terminal for purposes of monitOring. individual viewing patterns or practices withOlJf the express written permission of M~ Subscriber. .Such written permission shall bg for a limited period of time not to exceedohe (1) year which may be renewed at the option of . the Subscriber. No penalty shall be invoked for a Subscriber's failure to provide or renew such authorization. The authorization shall be revocable at any time by the Subscriber without penalty of any kind whatsoever. Such permission shall be required for each type or class.ificatlo.n of C. lass IV Ch. annel actiViJl. planned for the purpose of monitorin9 individual viewing pattems or practices. " b. No lists of the names and addresses d! .---- ............... ...._ . .-.......-- ...~:f _...."....... ......,..,......... ;;,a,JU decision with an' appropriate state or federal court or agency. d. During the appeal. period, the Franchise shall remain in fllllforce and effect unless the ;terro.ther~of.sooner explfEiS or unl~S c()'riiinu~~n 'of.il'i~'Franchise:would endanger the health, safety and welfare of any perSon or the public. - 3. . Abandonment of Service. Grantee may not abandon the System or any portion thereof without having first given three (3) months written notice to City. Grantee may not abarldon the System or any portion thereof without compensating City for damage.s resulting from the abandonmel1t, including all costs incident.to removal "of the System. 4. Removal After Abandonment Termination or Forfeiture. ; a. In the event of termination or forfeiture of the Franchise or abandonment of the System, City shall have the right to require Grantee to remove all or any portion of the System from all Rights-of-Way and publiC: property within City. b. .If Grantee has failed to commence removal of System, or .such part thereof as was designated. by City, within thirty (30) days .after written notice of City's demand for removal is given, or if Grantee has failed to comp'ete such removal within twelve, (12) months afte: written notice of City's demand for removal is given, City shall have the-right to apply funds secured by the Letter of Credit and Performance Bond toward removal and/or declare all right, title, and interest to the System to be ih City with all rights of ownership including. but not limited to, the right to operate. the System or transfer the System to another for operatiori by it. 5. Sale or Transfer of Franchise. a. No sale or transfer of the Franchise, or sale, transfer, or fundamental corporate change of or in Grantee, including, but not limited to, a fundamental corporate change in Grantee's parent corporation or any entity having a controlling interest in Grantee, the sale of a controlling'interest .in the Grantee's assets, a merger including the merger of a subsidiary and parent entity, col1solidation, or the creation of a subsidiary or affiliate. entity, shall take place until a written request has been filed with City requesting approval.of the sale, transfer, or corporatechanQe and such approval has been granted.oJ.d~e!l9raf)ted, P!?~id~~~~wever, that said approval shall not be. requTrea Where Grantee grants a security interest in its Franchise and/or assets to secure an indebtedness, . b. Any sale, transfer, exchange or assignment of. stock in Grantee, pr Grantee's parent corporation or any other entity having a -controlling interest in Grantee, so as to create a new controlling Interest therein, shall be subject to the requirements of. this Section 10.5. The term "controlling Interest" as used herein Is not limited to majority stock ownership, but. includes actual working control in whatever manner .exercised. In any event, as used herein, a new "controlling interest" shall be deemed to be created upon the acquisition through any transaction or group of transactions of a legal or beneficial Interest of fifteen percent (15%) or more by one Person. Acquisition by one Person of an interest of five percent (5%) or more ina single transaction shall require notice to City. c. The Grantee shall file, in addition to all documents, forms arld information required to be filed by applicable law, the following: 1.. All contracts, agreements or other documentS that constitute the proposed transaction and all exhibits, attachments, or other documepts referred to - therein which are necessary in order to understand the terms thereof. .2. A list detailing all documents filed with any state or federal agency related to the . transaction including, but not limited to, the MPUC, the FCC, the FTC, the FEC, the SEC or . MnDOT. Upon request, Grantee shall provide City with a complete copy of any such document; and 3. Any other documents or information related to the transaction as may be specifically requested. by the City. d. City shall have such time as is SUOscrlDers or any IIS1S mat ioentify the vieWlnlil habits of Subscribers shall be sold or otherwi:;e made available to any party other thaa.114, Grantee or its agents for Grantee's service. business use or to Ciiy for the purpose at FranchiseadmlnistratiorJ, and also to thttl. '" Subscriber subject of that Information, unles. Grantee has' received specific writte~ authorization from the Subscriber to m;ike suc~ data available. Such written permission shal be for a limited period of time not to exceed:' one (1) year which maybe renewed at tM. option of the Subscriber. No penalty shall bEl: invoked for a Subscriber's failure to provide 0" renew such authorization. The authorlzati01\ shall be revocable at any time by th~ Subscriber without penalty of any kin~ whatsoever. . ~; c. Written permission from the Subscribe~ shall not be required for the conducting ot System wide or individuallyaddre.ssedJ electronic. sweeps for the purpose of verifyin~ System integrity or monitoring for the pul"pOSll; of billing. Confidentiality of such informatio~ shall be subject to the pro~ision set forth i~ subparagraph (b) of this Section. ~ - SECTION 12. ..' "I UNAUTHORI~D CONNECTIONS AND ~ MODIFICATIONS '. 1\ 1. Unauthorized Connectionso~- Modifications Prohibite9'U shall be unlalNfuUo'li any firm; Person. group, cOmpany, corPQration~ or governmental. body or agency, without thElli express consent Of. the Grantee, to make o,,!! possess, or assist anybody in making or~ possessing, any unauthorized connection,~ extension, or division, whether physically:j acoustically, inductively,. electronically or~ otherwise, with or to any segment of the'! System or.receive services of the System.:: . without Grantee's authorization. 'Ii 2. Removal or Destruction Prohibited. It Shal~ be unlawful for any firm, Person, grouP,,\ company, or corporation to willfully interfere,'l tamper, remove, obstruct, or damage, or assist:; thereof, any part or segment of the System for~ any purpose whatsoever, except for any rightSl\ qty may have pursuant to this Franchise or i~ police powers. ~ 3. ~. Any firm, Person, group: company, or, corporation found guilty of. violating th.iS section may be fined not less than~ Twenty Dollars ($20.00) and the costs o~. t. , action nor. more th~n Five Hundr. edDOII. . "~\.'. {$500:00) and the -costs of the action for " and every. sUbsequent. offense. E./iI~'~ cont.inuing day of the violation shall be~ conSidered a separate occurrence.". , .~ " SECTION 13. . ...."...i ~ . MISCELLANEOUS PROVISION$. . .~ ,1. Francrnse Renewal. Any renewal: oft is~ Franchise. shall be performed l(l aCC()rda~el with applicable federal, state and loca. I.. la s and regulations. The term of any renew. d Franchise shall be limited to aperiol! not toi exceed fifteen (15) years. . .' . 2. . Work Performed by Others. All applicable ~I' Ob. ligations O.f. t.hiS Franchise Sh. all apply to an y subcontractor or others performing any work or ' services pursuant to the prOVisions of this . Franchise.,howe.. ver., in no. eventsh all any such i.'. subcontractor or other performing work obtain any rights to maintain and operate a System or provide Cable Service. Grantee shall provide'~ notice to City of the narne(s) and addreSS(Ejs) P of any entity, other than Grantee, which ~ performs substantial services pursuant to thi:; Franchise. I . .' · 3. Amendment of Franchise Ordinance. Grantee and City may agree, from time to time, to amend this Franchise. Such written amendments may be made subsequent to a review session pursuant to Section 7.5 or at any other time if City and Grantee agree tlfar.; such an amendmenLwill be in the publicS interest or if such an amendment is required': due to changesinfederal, state or locallaws.~ Provided, however, nothing herein shall restrict,: City's exercise of its police powers or City's' authority tl? unilaterally amend Franchise~ provisions to the extent permitted bylaw. . ~ 4. Compliance with Federal Statearld LOl/llI, ~. .' . . . ...~ . a. II any federal or state law or regulation, shall require or permit City or Grantee to~ oerform .anv service or act or shall Drohibit CitV. "'tjublic notices. . . " Continued from Page 10 '(1) R-1,R-2, R-3, R-4, R-6 and R.o: '.. (a) front no accessory building shall I~ted between the front of the principal '\.'.1:i~ilding and the front lot line, (Ord, 590, 11- 26-96\ \ .. (b) side: five feet (5') except the i\.. .i;ilinimum setl:>ack shall be thirty feet (30') from llflY lot line abUtting a public street, (Ord, 590, I 1) -25-96) , ........ (c) rear, including street frontages at Itt)e rear of through lots: five 1eet (5'), (Ord, l\~....~...............~...~;=~:~ .... lard. 590, 11-25-96) . . (c) rear:' same as principal building, r' '~xcept accessory buildings having four ,hundred (400) square feet or less and not ,. ,abutting property in a r~sidential district or a Fstreet, may have a minimum rear setback of I<~~n feet (10'). (Ord. 590, 11-25-96) ! i.b. Driveways: 91" SlIilJ SUr<'ilSSS illil" "iI"P t........~.=::='lNi.s'r sf W Ii fBs' (fJ "..~ IIRY H;.;!~~-.- ~:~ ~~~,:::~~: ~:~;:~: !I'...........:z~.r:::.s: B?llllUm ~/i,l" ill1ft S 'U~flf1 .............fs;-.. w....- If _ 1tv.r"el11S}"lt iM'S sPr~.,s,,~ J~ \ .......~.. ..Nsi~;n!, IRS ,. ,,""nil "SO ~~s" ,..fIiliR :<~ llIISUUIS",,,,,'R' ,s-r;J/" 'f .'~J,ft ..y ,r.t9 .,{~,,;,:€;itr. 'I\:g- 'if rir1e,"uefsr;J iff ft:l . '.' ...."....~.;. ,".0 .... 0;, .'.,. ...0:::::: ;_:<'_~ .;H;~8~gg gf &I ,it-~:RS ar,a e~aU t,<",~*~ - 'e- tie sBtWl,'fB "-qu:~&i ",.. 'A~:RB J!1ss, (Qrft. il'P, 11 gf gf) .,>,;: ill prlvewavsshall have a minimum o"v t 5' fr " I tie f I t r '~;b;;;;;;;;; th~ 10; and a fluMe 6.t!.~gJ. .................1.r..M'.!w....here ; d~iv9 _.wav wouldencrfJ. aoh Int~ (iO ~:.'.'. r::~~: ~o::? owne~ Rha/l obtam ~O \./~,. t_e_,_,f rsoU/red bv the Cihl t............'~:~p; ~~n;:~~;~~n of the drlvewa.y. .orive 1,= ~ _. vs which are wlthm tM L\'r:::~:k~;r~~i::~:u:;~~~I~:;~~jg:. :..4590 . 11.25-e61 :/' iZl Jl{,lvewavs In exlsfence as of the da~ .'o~n:~~;:;jf ~;;.jI~Bnce 62~ ~nd which dp \ ~b:j; -;;~ t t_e orovls/ons of this I:u~~ct~..; me: continue siJbl~~t. to the -,;l}v!-I!C:;: o_S IOn 1123.02 subdiVISion Ubl I. tthis_i!le fOrd 620 7-27-981 c; Parking Areas: (l: (1) R-1, R-2, R-3, R-4,R-5, R-O: ~; (a) . residential uses: . ~__1l'Le feeU[), except in the R-1 and R-2 districts, ISTAF'HlI'Y parkingareas:s!llit ......l7I'/VewallS shall be permitted with a setback of olie foot (1') provided the owner(s) o.f the abutting lot(s) indicates their permission on a 10rm acceptable to. the City, Where a tSIIlFi-SFY parking area wo.uld encroach into I;IP easement. the pro.perty o.wner shall obtain approval1or an encro.achment permit if required by the appropriate authority prior to construction of the driveway, The co.mbined -width of parking and driveway surfaces shall not exceed thirty five feet (35'). Sl{~.ai'~ ilf t8_,r'H8~. ,ar'fiRfj a.88B M~" !~ .!::. ~ 0"" \r,,/i! ~i~"" HQt QI? s~B'i''''si'A .;I:(Ord. 524, 2-22-93; Ord. 590, 11-25-96; !Jgl 620 7-27-98'1 ." (b) non-residential uses: i' " five 1eet (5') except where non- principle structure. and the side yard setback shall be at least five 1eet (5'). ~ .ref :,auare-footaae of a aaraae II') an R:1 ~Istr~r "%~Tn:r;~~~the sau~e-foofagB ...1 th_ort_:_ __..:.....o.s foundatIon. 8XceDt py conditional utili! oermit t... No garage in an R.1 District shall exceed ' nine hundred flftv.two (9521 siSlt' I""mll"" 9J)~' WI!- (ii4) square 1~ in area, except by conditional use permit. g,.fhAn outdoor living room' or patio shall not be used 10r storage of automobiles or trucks. fL... No permit shall be issued for the construction of more ,than two (2) accessory buildings in any R-1 District. One of the two (2) permits must be for a garage. j40' No accessory building other than a garage shall exceed two hundred sixteen l216} square 1eet. except by conditional use permit. U+. The combined square footage gJ ~ accessory buildings ill a rear vaal M 91'" let shall not ~ sS'WI'r IIls",1t1Hl twenty M percent (gQ.ai%) of the rear yard, (Ord. 442. 7~11-88; ~ 1fi1(1q ~ Z:2Z:Rm. SECTION 7'. Section 1106,04 of the MoundS View. Zoning Code is hereby amended with the proposed additions ,and deletions uflderllned and ifallclze{/ and Sf(l{i'4' s~, sRli ~, respectively, to read as folloWS: 1106.04: CONDlnONAL USES: The following are 'conditional uses in anR-1 District (requiring a conditional use permit based upon procedures set 10rth in and .regulated by Section 1125.01 of this TItle): Subd. 6. Garage exceeding nine hundred fiftY-two (9521 sit'" ~Ul'lftoslt ~~. fSH-(ifft square1eet. . , . a. . The accessory building must confOrm with Section 1103.06 and subdivision 1106.03(1) 01 this Title. b. The combined square footage of all acce~.o,ry buildings on one lot cannotexpeed :; tho;tand fcilirhiJhdred ~! ~~.~ . ural'l 11;'" ,,;;'ft-,ft ,j'l'r f'~- (1.~f4J square feet, ~ Sf ,,,, ,s'S6S '!Jus', fr'lIili~ i, ,,,atllr :: ~~~ ~::R: (1. g(Jl1) ~!/W~" fu" RIl _.._ _ __...S......F -I-,-afB ~lJ'Jd1PtJ , a"'lvlKli Q..~ The building shall be designed and maintained to provide a uni10rrn appearance with the dwelling unit. . fL.~ The Width of the building cannot. ex~ thirty five 1eet.(35') nor alloW for more than three (3) vehicle aCCess. ~4 Should thE( use 10r which the permit was I granted be c~anged, the permit shall be subject to reconsideration, revocation or other action regulated by Section 1125.01 01 this Title, (Qrd 620. 7-27-98) SECTION 8: Section 1108.03 of the Mounds View Zoning Code is hereby amended with the proposed additions and deletions underllnRd and Italicized and S"'WS'I slit IIJII' ~, respectively, to read as follOWS: 1108.03: ACCESSORY USES: The 1ollowlng I are ,permitted accessory uses in an R-31 - Elistricto-~-'---- ' All permitted accessory uses allowed in an I R-2District. r Enclosed ~araoe stalls the number of whi<;/1 \ shall not e~ce~!fe ~umb8r of dwell/no units i ill ~e ~:dID81 h Ildl olndiviq!lal $talls shall '. no, ex~,,- _ two _undred and fiftv (250) souarE! ; feet each and shall be attached to Om! ~. ~nother by comron i~terior walls which m6E11 ~ the Mlnneso.a State sul/dina Code. " re~uirements. All setback reauirements as sp cWed In Section 110401 Sllbd 4 shaU be.met I. , Olt-street loading. lOrd. 620. 7-27-98 ~ B CliftS NH! 1'J\ " SECTION 9: Section 1121.0901 the MoundS ~ View Zoning Code is hereby amended With the proposed additions and deletions lei Duane McCarty , Mayor AlTEST: lei Chart.. S. Whiting City C1er\llAdmlnlatrator (Bulletin: Aug. 5. 1998) residenuafusesabut property in-aresldential-- -iiiKiiiilmeiFiiiiCflraJicized and s,..,sk i.,faR& district, the setback fof parking areas from the ~, respectively, to read as follows: common property line shall be as follows: 1121..09: STALL, AISLE AND DRIVEWAY (Ord.590, 11-25-96) . DESIGN: . [i}.. for llites haviril:l tWo andohe-.. . SuI>d.l.~arking Space Size: Each parking --~;;W~~~ orl~:~f!!Y'fe6t'~~,H~.~ .. ~~'a~~a~~ =:af~:i=)(~~ _...... Oq; for sites having more than two length exclusive of access aisles; and each ;agdone-half (2.5) acres: thirty feet (30') (Ord. space shall be served adequately by access 590,11-25-96) aisles. WR flS.'Slult (HJfi: sf ,Ils f4f(uHri f'IfI''f11'lf afillS '" IlIl'SHlRiS 8i ilf lIflssU "'1lY h fs" ss~as' 'S":S'lIS lIifAt ~ liIlilte fit eRlilS~"'8Rt sf tll'i iSi~'SRJ, aRli ,aRli ilns J:NiIlffellt gr.S~1I9I1R feflt fI Ul'J( 1'1 tI.j&ilJ~ fW RB"eMf8rR:l 'Ii' J~1i ~":B:f1RB fit tRis aR~, rilwsf ~e 8'8sr'r ,SSf(1f1ter 9Brfl,aet .~~~8(1atis~,.' IRS}' eBRIiR.ie eul1jeet .',9 ~~fi~' " . 'fl"4WlsiflRS fit iist'lIR 1131i Q;l sufili,,"S'IlR [Subdivisions 2 thr-ough 6 remain 1ft) (gre WQ, 11 ~i Q,) (P rk' ' . d unchanged.) (2) B-1, B-2; B-3, B-4 a Ing areas an Subd. 7. Surfacing: All areas, as allowed in loading docks}: ..'. . SubdiviSion 1104.01(4}.ofthls Title, to be. (a) ,front: thirty .feet (30') (Ord. 590, utilized for parking space and driveways shall llc25-96) , ., be surfaced with a oermanent ililoroved (b) side and rear: five feet (5'), except ~ material as defined in Section ~...aere a non-residential use .abuts.a prop~ 1102.02 of this Chaoter. suitable to control in a residential district, the setback for parking dust, drainage and erosion, meeting the areas .from the common property line shall be requirements of Section 902.05 of this. Code as stated in Section 1104.01 subdivision SRli stllllf 811 'Rlltll"llrill"ttl'R llR.ll rur , ~l)(b).(Ord. 590, 11-25-96) . f-s{'sl""RI 'sslllaRss llfflls/itl"~'. /lll"",'t -or' (3) 1-1 (parking areas and loading docks): WIS.' iFl tRIl iIllIlIll if S'FI~ fam"y iflri fwfI ~~ ,,:,;' . (a) wont: forty feet (40') (Ord. 590, 11.- ",,,,:If &#It'l1!''R8'll, lirh/IVil}'flillri stallfl IIt18/f fill \~96l " . I Slsl~aBefllt.;t~ 8 B;~r ;r;re~ f6") '''-fa ft..., (i~\ " (b). side and rear: five feet (5'), except 8/iss nri Il1'fI 'R9/1 (9/) fi'fl'IIl'RlllllII tefitl'Rj S" '('Where a non-residentipl use abuts a property a fu'l risli'tR .IIiAt""f1lllllS SlflM',s/flRt exceot.as . j,Q.fl residential district; the setback for parking follows' A gravel surface material meeting the "'Qas from. the common property line shall be soecifications of Section 902.05. Subd. 5 of ~ state.di,n sec. tion 1104.01 SUb.d ivision this Code mav be used for oarking areas in -;4Ctl)(b). (Ord. 524, 2-22-93; Ord. 590,11-25- 'an R-1 or R-2 District not to exceed three ,l'~ . hundred (300) sauare feet or. if to be.used as ."c' (4) Parkinaareas in existence as of the a oarkin1i1 surface for an R~ the minimum ~~te of enactment of Ordinance, 620 and area that would encomoass9S the wheel-base . Wl'ich do not conform to the orovlslons of thIS area of one (11 recreational vehicle. Plans (or ;~~bsection may. contiQue su/;liec~, ~o the surtacing and drainageo.f drivewaYl! and orovisions of Section 1123.02 SUbdiVISion 1~. stalls for five (5) or more vehicles shaa be ~Ord. 620. 7-27-981.. submitted to th.e Director of Communitv ~(SECTION 6: Section 1106.03 of the Moun~s Develoomenl "wM''fII1f~"w.'Ci~' i'A8""sllI'for -'I(iew Zoning Code is hereby amended With review, and the final drainage plan must ,Jhs propos~dadditions and deletions receive the Director of Public Works/City ;';ypderlined and italicized and 1l'''tIII'r 1I1IIt llRli Engineer's written approval. J'9FR,Wll'Sfr i~ respectively,to read as follows: fliII<MS'. fe" sft IIf"IlSt $fjfj'liiR~ial Jia 'r'", . ''1'106.03: ACCESSORY USES:~he following s~s" fllir>iB'fIt lit ,,"'II'r S" n~ll<llts /iSI'IlHl, , ...f1,~e permitte.d. accessory uses in an R-l j'aloe' /ifilI'//ihNNNiI'l, 86 fWIi<",fI(/ 'FI dliil'ir~"R "District: (1988Code~40.10) Q(N1 ~i(2) lit ~Il'II f:sH. II" a., l1a 't ~ Subd. 1. Accessory Buildings: Accessory llflFlflt"Ulit'flR, as t/II"Flllri '1'1 StlBrit:S'lil'l . ~uildlngs, such as garages or tool/:louses, ~ ~:1) fit tAte Cliffs '", /ifill'li~ 1Nrr#ae'Rj ~~edS and similar buildings for storage-.of slls" BS S'leK'Sri fli- terll\illl'ar-J' B~~_ (Ord. .7~omestic supply and noncommercial 524,2-22-93; Ord. 620. 7-27-98) ""~reational equipment.,., . . . [Subdivisions 8 through 12 remain !-:j Private garages, parking spaces and unchanged.]. . . ~j:iprtsas regulated. by Chapter 1121, Off' S~CnON'.10: Section 1121..14 of the ,~~eet Parkirlg,of this Title,. Private' garages Mounds VI.ew Zoning Cod.e I~. hereby .,,~. intended solely for storage of the private ame~ded With ~he prop~se~, additIons and '" -" . 'h' I f th 'd t f the deletions underlmed and italICIzed and<<IiMW ...~enger ve IC es 0 e resl en so. flut al'lri '''''lil'nfl, respectively, to read as ,R,f-.erTIise,s. Such spaces can bE! r~nted tG follows:' . ~nqnresidents of the property. for pnva.te 1121.14: PROOF OF PARK/Nt) 's.E~.senger ~ehicles arydlor n~mco':"rnerclal "O'',P'J:'Q''U lJII NRI"T ~'1R""'Q J~lcles,. tr8:/IerS .or equipment if suff,c',ent off- RIiI1IJ"J:'O&!:' A reduction' in the pa~king \,@Ele~ parkl,ng, In full compliance With thiS space requirements may be administrativelv .;r~e, IS proVld~ elsewhere o,n the property. granted by the' Director of Community ~~'1t. No ~ermlt shall be ISSU~d for the Devlfllooment or formally in conjunction with a 'lLWnstruClion of ":lore than one pn~ate garage Citv Council aooroved develoomerit review J~each d~elhng. Each applicant f?r a 911Rli'tjsRa'lJIIIl flllf'lll" Sfi/i~ 'Ill if the following ~r!i.Oilding per,:"it to cons~ruct any dwellln.gs conditions are met: ~r,~1I be required to prOVide off-street ,parklllg SubcL 1. The number Qf spaces being spaqe~ for ~t.least two (2) automobiles per reduced does not exceed fifteen percent ~u~lly In addition ~o any garage spaces to be (15%) of the required amount. ~~IJ~ed; Every dwelling house hereafter erected subd. 2. The required area .for the spaces .~~II ~ SO located on the .Iot so that at least a being omitted must be available for later use If flNo (2) car garage, either. attactled or. necessary. ,,~etached' can be located on said lot.' Subd. 3. The required area for the spaces -Z'~ No o.ermlt sha!1 b~ Issue.d for the being omitted must be complementa~ and J1';;;':e~~::~~~~;~~~~w~~n~ri~~~: ~~r=: :i~e-th;t;~.Sedparking spaces .; 'tJr;::.~~~/Zi:a~7::~~/:'i~7::~~!~ :;:::r~ b~~~~' :~Tt~:;~~~~,d :~~~~~~tS:dac:: 3dY.liJ. dramaae and erOSIon, aCCf?rdmo to the undevelopable other than being used for ,-~u~nts: s=~n 902.0~ o! parking or.access, I:~;;. . . . unl ~ . . er o~OVIde Sublil.5, A written agreement approved by :'a-slaned, notarized statement:m whIch the the City Attorney shall be filed with the :Pt~=~~ f:~:,r a~:i:: ~~ '~orO;~.~hd property requiring that the owner or !:-;" '. ". ?~~n t . ~h he e I e subsequent owners be required to improve <l~~ or :t;~~r~.:;,~th: the .omitted parking spaces if needed by the I~' '.. ,G . en~~ u i: I ~ ,'7h a ~~~ ogt;.:;operty. (1~ C'S& I1fH17 Q/Jt. ; ouroosesof this Title. oermanent surfacma Section 11. This Ordinance goes into effect ri,(!fft<lfiaJs are defined as concrete asphalt or thirty (30) days after its publication In the I ~ .' '. . official City newspaper. t iL-' Accessory buildings shall not .exceed Read by the City .Council o.f Ule City o.f - fifteen feet (f5') in. heig~t, shall b~ ,fl~e feet Mounds View on this 13th day of July, 1998. (5') or more from ~lIlots 1,lnes of adlDlnlng lots Read and paSSed by the City Councilo.f the and. shall be. SIX feet (6) or more fro. m. any City of Mounds View on this 27th day. of July ;,o~erbuilding or structure on the same lot. 199B,' " " Att&ched gar&ges must conform to the front i '9!nd rear setback requirements for the I '----.