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Agenda Packets - 1992/04/02
• EINIIIMIOARROZAS1992iiiiiiMMEMENAIN ISIONIENIMIOUERNompsonsingiissis ************ 111111111111.AAGENDA' Si-'::?3SFSi isisisi:::i:?'i'i':::::`�'i """ * COUNCIL0 .. 7:00 P.M. 1 . Presentation by Robert's Off 10 2. Presentation by Environmental Quality Task Force Recommendation on Recycling and Organized Collection 3. Update on Boards/Commission Training Workshop 4. Department Quarterly Reports • Fire • Park and Recreation - Update on Senior Center - Contract Proposal for Forestry Services - Lambert Park Equipment Purchases • Public Works • Police • Finance - Update of Bank ervices-RFP lo 5. Update on Attorney RFP's 6. Discussion of Citizen Complaint Process (per Councilmember Rickaby) AGENDA PAGE TWO • APRIL 6, 1992 7. Water Treatment Facility Remodeling/PD Remodeling 8. Reduction in Housing Inspection Efforts 9. Surface Water Management Plan - Ordinance Amendments and Implementation of Maintenance Plan and Capital Improvements 10. Citizen Concerns Regarding Hooking Up to City Water 11 . Long Lake Road Water Quality Pond 12. Implications of Budget Reductions in Parks Maintenance 13. Discussion of City-Wide Parking Restrictions • 14. Code Recodification 15. Discussion Regarding Ordinance Relating to Adult Book Stores (per Councilmember Quick) 16. Citizen Requests and Staff Priorities (per Councilmember Quick) •. ♦ J REQUEST FOR COUNCIL CONSIDERATION Agenda Section: In OMNDS STAFF REPORT Report Number: VCS AGENDA SESSION DATE Report Date: DISPOSITION Item Description: Summary of Finance Department Activities Administrator's Review/Recommendation: - No comments to supplement this report - Comments attached. Explanation/Summary (attach supplement sheets as necessary.) SUMMARY; i 1 * All Finance Department Staff have been preparing for the audit of 1991 financial records. i * The auditors arrived March 31, 1992 and have set up shop in the Council Chambers. They will be here f approximately 2 weeks. * I have prepared renewal applications for the City's various insurance coverages and met with the City's insurance agent, Charles Clysdale, to discuss various options. Renewal information will be presented to you in April. * The City purchases dental insurance directly from Group Health Inc. as the LOGIS Healthcare Group does not presently offer dental insurance. The renewal rate on May 1, 1992 is 7% more than the 1991 rate. Renewal rates are $18.13 per month for employee coverage and $47.90 per month for family coverage. * Utility Accountant Dorothy Peterson and Payroll Clerk Kitty Hickok recently attended a Computoservice Inc. Users Group Meeting in Mankato. Planned changes to the Utility Billing system were discussed. * Street Light Utility charges will appear for the first time on first quarter utility bills to be sent out at the end of April. fl--%-.4)--P-171\ --"f:),-1...or. RECOMMENDATION: MEMORANDUM Memo To :Mayor and Council Members From :Ric Minetor, Director of Public Works Date :March 31, 1992 L Subject :Surface Water Management Plan Notebooks Please bring your copies of the Surface Water Management Plan notebook with you to the April 6, 1992 work session. Final copies of the plan will be distributed and the draft copies you current- ly have will be collected. Thank You. REQUEST FOR COUNCIL CONSIDERATION Agenda Section: STAFF REPORT Report Number: 9 2-211WS OUNDS 111 �� AGENDA SESSION DATE APRIL 6, 1992 Report Date: 4-1-92 DISPOSITION Item Description: PRESENTATION BY ROBERT'S OFF 10 (BOB WASTE) Administrator's Review/Recommendation: - No comments to supplement this report - Comments attached. Explanation/Summary (attach supplement sheets as necessary.) ,SUMMARY: Bob Waste requested time to address the City Council with his proposal to alleviate the parking problem around his establishment. He will present the details at the meeting. amantha # rduno, City Admin' strator RECOMMENDATION; REQUEST FOR COUNCIL CONSIDERATION Agenda Section: 2. IlfWEDS STAFF REPORT Report Number: 92-212WS ., AGENDA SESSION DATE=. Apr i 1 6, 19 9 2 Report Date: 4-2-92 DISPOSITION Item Description: RECOMMENDATION OF ENVIRONMENTAL QUALITY TASK FORCE (EQTF) ON GARBAGE AND RECYCLING ISSUES Administrator's Review/Recommendation: - No comments to supplement this report `~k. 0 - Comments attached. Explanation/Summary (attach supplement sheets as necessary.) SUMMARY; Attached are the recommendations of the Environmental Quality Task Force regarding garbage and recycling issues. The report addresses accountability issues, sets waste reduction and recycling goals, and discusses single hauler service vs. multiple hauler service. Several other items have been included for your consideration on these issues. With respect to the EQTF discussion on accountability, a copy of MS115A.941 has been included for your reference. This statute, which goes into effect on July 1, 1992 requires that cities ensure that all residents and businesses either have trash service or are disposing of their trash in an environmental manner. The EQTF also discussed the pros and cons of both multiple hauler service (as we have now) and of contracting with one hauler for city-wide ("organized") collection. Two surveys of area cities and their current collection systems have also been included for your reference. The first is a survey of Ramsey County cities and what haulers in these cities are charging for trash service. Please note that these fees do not include recycling fees that may be imposed by the city and do not reflect service levels (i.e. whether the hauler provides a container or offers garage-side pick-up). The second survey is a listing of area cities which have entered into city-wide contracts with one or more haulers for organized collection. e./OLAJA—A eila.1-1L/0J---C71"---, Carla Asleson Recycling Coordinator RECOMMENDATION: EQTF Garbage/recycling issue Summary The EQTF was asked to review the Garbage/Recycling situation and to make a recommendation. The main purpose of this review was to look at ways to improve the garbage ordinance and city recycling. In addition, a review of how to either finance clean-up day or get rid of it all together. Recommendation The EQTF discussion centered on the following subjects: o Increase recycling o Reduce total waste o Reduce garbage hauling impact on local environment o Freedom of choice for citizens o Accountability for all residents to have a hauler o Accountability for all haulers to actually recycle their recyclables o Volume based rate structures. The recommendation is that the city ordinance be rewritten to dictate to the hauler(s) what items they must collect for recycling. It is important that recycling collection stay on the same day as garbage collection. In addition the committee recommends that the city develop some programs to increase education and participation among the citizens. Discussion The EQTF discussed a number of goals in the decision making process. Not all of these goals were necessarily compatible but they were taken into consideration as the issue was discussed. Goal Process Increase recycling Education Increased participation Increased materials collected Provide incentive rewards Develop community spirit attitude Reduce total waste Education Reduce garbage hauling Reduce garbage truck traffic impact on local environment (truck pollution and road wear) Freedom of choice for citizens Allow multiple haulers to operate in the city Accountability for recycling Require reporting to city in and hauling ordinance to assure all citizens have a regular hauler. (Citizens could have a bag rate from a hauler that would allow them to leave out garbage only when they needed to,) Require haulers to show that recyclables are actually being recycled. Volume based rate structures Require a minimum of 3 can sizes as well as a bag rate. In the course of the discussion the subject of single hauler versus multiple hauler became an issue. It became a part of the recommendation made to the council. The majority of the EQTF recommended that Mounds View continue with multiple haulers licensed in the city and that the haulers continue to be responsible for the recycling as well. For the majority of the EQTF members, freedom of choice was a very important objective. To improve the consistency of services, a new ordinance needs to be written that will specify exactly what services the haulers must provide and what recycling items they must take. There was a strong minority opinion in the EQTF regarding the multiple/single hauler issue of which city council may want to be aware, This minority opinion was that bids should be taken and a single hauler system should be set up. For these individuals in EQTF, cutting back on the amount of garbage truck traffic and cutting costs were more important objectives than freedom of choice. The license agreement with the hauler would specifically list what services will be provided as well as prices for these services. The hauler would be responsible for all recycling as well. The minority felt that as part of having a single hauler, the city might consider doing the actual billing for the garbage hauling. This would have a number of advantages. It would make it easy to make sure that all resident have a hauler (whether they have weekly pickup or bag pick-up. The city would also be able to charge a small billing fee that could be used to pay for a part-time staff position to coordinate the garbage/recycling situation, or could be used to pay for education and/or reward programs. The city should provide more education regarding the 3 R's (Reduce, Reuse, Recycle). This could increase recycling participation and cut down on the total amount of waste produced. The concept of awarding prizes to recycling participants could also help our participation level. A program should be developed to generate a community spirit for recycling such has been done 'n other communities. Conclusion Regardless of the decision regarding haulers the EQTF also wants to make some recommendations regarding what services should be included in the ordinance and/or license agreement for the haulers. 1. There should be a minimum of 3 can-size rates as well as a bag rate. This bag rate will allow people with very little garbage to only pay for the amount of trash they actually have hauled away. 2. There should be a choice of either curbside or garageside pick-up. 3. Specific rates should be set up and advertised for pickup of separate items (appliances, branches, etc). This could then replace the city clean-up day. 4. The list of items to be collected for recycling should be expanded to include all of the following: a. Newspapers and advertising inserts b. Office mix type paper c. Magazines and catalogs d. Corrugated cardboard e. Telephone books f. Glass containers g. Plastics - at a minimum, types 1 and 2; and potentially type 3 h. Metal cans This list needs to be flexible for additions and subtractions as markets appear and disappear, The city needs to be careful to investigate these markets to assure that haulers cannot find a market for something before it is removed from the list. The city will also have to be aware of new recycling markets to assure that all recyclable items are collected, 5. The hauler(s) will need to report who are their customers, so the city can assure that all residences have a city licensed hauler. This is an attempt to reduce the amount of dumping that is done in our parks and wetlands. This task would be extremely simple if there were a single-hauler/city-billing situation. But otherwise a simple database could be easily set up and maintained. 6. Specific rates should be set up for the collection of compostable yard waste (grass an. • • - . - .' - - . : . . --the-spring-and fall and these items should be taken to a compost site. 7. Recycling must be picked up the same day as the garbage. This is an important part of increasing participation. MS115A. 941 Solid Waste; required collection Text of section effective July 1, 1992 (a) Except as provided in paragraph (b) , each city and town with a population of 5,000 or more shall ensure that every resi- dential household and business in the city or town has solid waste collection service. To comply with this section, a city or town may organize collection, provide collection, or require by ordinance that every household and business has a contract for collection services. An ordinance adopted under this section must provide for enforcement. (b) A city or town with a population of 5,000 or more may exempt a residential household or business in the city or town from the requirement to have solid waste collection service if the household or business ensures that an environmentally sound alternative is used. (c) To the extent practicable, the costs incurred by a city or town under this section must be incorporated into the collect- ion system or enforcement mechanisms adopted under this section by the city or town. RESIDENTIAL WASTE SERVICE RATES RAMSEY COUNTY MUNICIPALITIES (3/92) CITY/TOWNSHIP 30 GAL. 60 GAL. 90 GAL(1) UNLTD(2) DUPLEX SNR (3) Arden Hills $12.00- $13.05- $16.24- ****** ****** ****** 14.25 17.75 21.25 Falcon Heights $11.00- $13.00- $15.00- ****** ****** 14.50 17.75 22.50 Gem Lake ****** ****** $15.00- ****** 22.50 Lauderdale $13.20- $15.50 $17.40- ****** 14.50 17.75 22.50 Little Canada (4) $10.99 $13.93 $14.38 $18.39 Maplewood $11.00- $13.05- $15.75- ****** $22.66- ****** 14.25 17.75 21.25 28.76 Mounds View $12.00- $13.05- $16.24- ****** ****** 15.13 17.75 22.50 New Brighton $12.00- $15.00- $18.00- ****** 15.13 17.75 22.50 North Oaks $12.51- $13.05- $16.24- ****** ****** ****** 14.25 17.75 21.25 North St. Paul $8.85 $12.69 $17.41 Roseville $11.00- $13.05- $16.24- ****** ****** ****** 14.75 17.75 21.25 St. Anthony $12.65- $16.10- $18.98- ****** 14.50 17.75 22.50 St. Paul (5) $11.00- $13.50- $16.00- $16.66- $22.00- $9.95- 14.50 17.25 22.50 25.22 28.76 13.00 Shoreview $1-2-.00- $-1-3--05-- - $-1-6.24------****** ****** ****** 14.25 19.00 21.25 30 GAL. 60 GAL. 90 GAL. UNLTD DUPLEX SNR Vadnais Heights(4) $11.70 $14.90 $17.25 $8.25 White Bear Lake(4) $11.25 $12.77 $15.39 $8.91 White Bear Tshp(4) $12.93 $20.71 $10.36 Cities w/ Organ- $8.85- $12.93- $12.69- $17.41- $8.25- ized Collection 12.30 15.65 18.10 18.51 9.26 All Other Cities $11.00- $13.00- $15.00- $16.66- $22.00- $8.00- 15.13 19.00 22.50 25.22 28.76 13.00 All Other Cities $13.50 $16.00 $18.00 $18.45 $23.58 $9.97 MEDIAN NOTES: Listed rate ranges reflect the volume of waste serviced and do not distinguish the quality of degree of service a customer would receive at these rates (whether the waste hauler supplies a container, for example) . In other words, no judgement of consumer value should be inferred. (1) "90 GAL" level may allow collection of higher volumes of waste. For example, a "3-5 cans" rate would allow service of 90-150 gallons at the same cost. (2) Rates listed in the "UNLTD" column imply a level of service where any volume will be serviced, to a practical limit. This generally means greater than 90 gallons of waste. (3)senior-diseount r-ates-reflect low-volume-(34-32_ga-1-ion)-service. Discounts on larger volumes are uncommon, and data cannot be presented in this table without compromising the anonymity of the waste haulers offering these discounts. (4) City has organized collection. Rates are set by contract agreement with waste haulers. Little Canada adds a recycling charge of $2.25. White Bear Township discounts $1.10 for households that recycle at least twice monthly. (5) Some waste haulers offer low volume call-in service for customers who may need only infrequent service. The waste hauler sells bags to the customer at a price that incorporates waste management and collection costs. Range: $64.82 to $77.56 for 25 bags. ****** indicates that one or two waste haulers offer this type of service but the data is supressed to avoid compromising the anonymity of these firms. 30 GAL. 60 GAL. 90 GAL. UNLTD DUPLEX SNR Vadnais Heights(4) $11.70 $14.90 $17.25 $8.25 • White Bear Lake(4) $11.25 $12.77 $15.39 $8.91 White Bear Tshp(4) $12.93 $20.71 $10.36 Cities w/ Organ- $8.85- $12.93- $12.69- $17.41- $8.25- ized Collection 12.30 15.65 18.10 18.51 9.26 All Other Cities $11.00- $13.00- $15.00- $16.66- $22.00- $8.00- 15.13 19.00 22.50 25.22 28.76 13.00 All Other Cities $13.50 $16.00 $18.00 $18.45 $23.58 $9.97 MEDIAN NOTES: Listed rate ranges reflect the volume of waste serviced and do not distinguish the quality of degree of service a customer would receive at these rates (whether the waste hauler supplies a container, for example) . In other words, no judgement of consumer value should be inferred. • (1) "90 GAL" level may allow collection of higher volumes of waste. For example, a "3-5 cans" rate would allow service of 90-150 gallons at the same cost. (2) Rates listed in the "UNLTD" column imply a level of service where any volume will be serviced, to a practical limit. This generally means_greaterthan 90 gallons-of_waste-. (3) Senior discount rates reflect low-volume (30-32 gallon) service. Discounts on larger volumes are uncommon, and data cannot be presented in this table without compromising the anonymity of the waste haulers offering these discounts. (4) City has organized collection. Rates are set by contract agreement with waste haulers. Little Canada adds a recycling charge of $2.25. White Bear Township discounts $1.10 for households that recycle at least twice monthly. (5) Some waste haulers offer low volume call-in service for customers who may need onlyinfrequentservice: The waste hauler sells bags to - the customer at a price that incorporates waste management and collection costs. Range: $64.82 to $77.56 for 25 bags. ****** indicates that one or two waste haulers offer this type of service but the data is supressed to avoid compromising the anonymity of these firms. Cities with Organized Collection for Garbage NOTE: The numbers in parentheses reflect 1990 population. Cities with Organized Collection, One Hauler (City Does Billing) Blaine (38,975) Circle Pines (4,704) Columbia Heights (18,910) Excelsior (2, 367) Oak Park Heights (3, 486) Robbinsdale (14,396) St. Louis Park (43, 787) White Bear Lake (24, 288) Cities with Organized Collection, One Hauler (Hauler Does Billing) Bayport (3,200) Hastings (15,440) White Bear Township (9,424) Cities with Organized Collection, More than One Hauler on Contract Little Canada (8, 971) Vadnais Heights (11, 041) REQUEST FOR COUNCIL CONSIDERATION Agenda Section: 4 11176Report Number: 92-213WS STAFF REPORT n AGENDA SESSION DATE A'�RTT, h, 1 9 9 2 Report Date: 4/1/92 DISPOSITION Item Description: CDBG FOR PLAYGROUND EQUIPMENT AT LAMBERT PARK Administrator's Review/Recommendation: - No comments to supplement this report - Comments attached. Explanation/Summary (attach supplement sheets as necessary.) SUMMARY; The Parks and Recreation Commission reviewed the three proposals for play equipment at Lambert Park, to be funded from the CDBG award. The award is for $50,000.00. The recommendation is the proposal by Earl F. Anderson. Reasons for this recommendation include: 1. This equipment is accessible to those with disabilities. 2. This proposal eliminates the use of ramps, using accessibility on the ground level. 3. Accessibility is provided throughout the entire play facility rather than just one area as the other two proposal are designed. 4. There is no other Earl F. Anderson playground equipment in the City of Mounds View. Therefore, many of the components are new, offering a new experience. 5. Earl F. Anderson has a reputation of high quality equipment. 6. The proposal provides for prevailing wages to be paid to labors in the installation contract, which is a requirement of the CDBG Grant. For these reasons, the Parks and Recreation Commission passed a motion to recommend the purchase of the Earl F. Anderson playground equipment for Lambert Park, to be paid with monies received from the CDBG Grant award. /Wary Saarion, Director Parks, Recreation and Forestry Dept. RECOMMENDATION; To approve the purchase and installation contract of the playground proposal by Earl F. Anderson for Lambert Park, to be initiated as soon as grant monies are in-hand and grant agreement papers signed. REQUEST FOR COUNCIL CONSIDERATION Agenda Section:GUMS _ STAFF REPORT Report Number: 9 2-214WS FEW April 6, 1992 4-1-92 AGENDA SESSION DATE Report Date: DISPOSITION Item Description: Police Department/Water Treatment Facility Remodeling Administrator's Review/Recommendation: • - No comments to supplement this report _LY./+���_}-- - Comments attached. Explanation/Summary (attach supplement sheets as necessary.) SUMMARY; The contractor for the new water filtration plant is working on developing a cost estimate for the proposed remodeling of the existing water treatment plant into a police garage and evidence storage. There is some difficulty in obtaining hard numbers due to missing information regarding building plans from the time the Council Chamber and Administrative Offices were added to the original building. The contractor is making every effort to provide a cost breakdown of the necessary work for Council's review. Further information will be provided on April 6, 1992. Ric • etor City Engineer/Director of Public Works RECOMMENDATION REQUEST FOR COUNCIL CONSIDERATION Agenda Section: 8 STAFF Il OUNDS Report Number: 9 2—215WS GM Report Date: 4-1-92 AGENDA SESSION DATE April 6, 1992 DISPOSITION Item Description: Reduction in Housing Inspection Program Administrator's Review/Recommendation: - No comments to supplement this report - Comments attached. Explanation/Summary (attach supplement sheets as necessary.) SUMMARY; Housing inspections of multiple dwelling buildings are required by Municipal Code, Chapter 93, on an annual basis. These are a part of the Building Inspector's responsibilities. With the reduction of the building inspector's position to part-time status, this area can not be adequately handled by the building inspector. Inspections have covered common areas, building exteriors, and interiors of individual units. In buildings with more than 4 units, staff attempted to inspect 1 unit per floor or 10% of the units. A significant number of personnel hours are involved in these inspections. The reduction of the building inspector position to part-time requires us to analyze the availability of human resources to provide the inspections. The Code requires staff to ". . . inspect the premises of all multiple dwelling buildings on an annual basis. . . " . Staff is recommending that the level of effort on these inspections be reduced due to the reduction in the hours available by the Building Inspector. Our recommendation is to inspect the common areas and grounds of the multiple dwelling _ bu-ildings-enIy:Indi-v-i-du-al unit inspections would only be made as a response to complaints. The common area inspection would cover Fire Code requirements and general sanitary conditions. Exterior inspections would be limit- ed to obvious structural concerns and conditions of the grounds. Even at this reduced level of effort, staff believes that the City Planner would need to make a number of the inspections to enable staff to cover all buildings in the City. Staff is re- questing Council discussion and direction re_garding_ thelevel__of effort-to be used for Housing Inspections this year. Ric e r City Engineer/Director of Public Works RECOMMENDATION: REQUEST FOR COUNCIL CONSIDERATION Agenda Section: 9 . MUl"=,9D 92-216WS STAFF REPORT Report Number: EW 4-1-92 AGENDA SESSION DATE April 6, 1992 Report Date: DISPOSITION Item Description: Surface Water Management Plan — Ordinance Amendments & implementation of Mains-. Plan & Capital IhmprovemPnts Administrator's Review/Recommendation: - No comments to supplement this report - Comments attached. Explanation/Summary (attach supplement sheets as necessary.) ,SUMMARY; Attached are copies of the amendments to existing ordinances required to make the Municipal Code consistent with the Surface Water Management Plan. Short-Elliott-Hendrickson will have a representative at the April 6 meeting to discuss the amendments and also to review the implementation of the plan. Basically, implementation covers 2 areas; maintenance and operation of surface water systems consistent with the management practices cited in the plan, and Capital Improvements identified in the plan. Implementation will require the City to determine the method of providing the funding for these areas. A number of alternatives could be utilized and these will be presented and discussed at the April 6 meeting. Ric N -netor City Engineer/Director of Public Works RECOMMENDATION; MVSWM.ORD 3/17/92 1 CHAPTER 25 STORM WATER MANAGEMENT FUND 25. 01. DEFINITIONS. The following words and terms wherever they occur in this Chapter shall be defined as follows: (1) Area. The total area of the subject parcel of land measured in square feet and to the centerline of any abutting public streets or rights-of-way. (2) Fund. The Storm Water Management Fund. (3) Owner. Any individual, firm, association, corporation, syndicate, co-partnership, trust or other legal entity having sufficient legal or equitable interest in the subject parcel of land to commence and maintain proceeding for a building permit under Chapter 59 of the Municipal Code. (4) SWM Charge. The Storm Water Management Charge. 25. 02. ESTABLISHMENT. There is hereby established and created a fund, designated as the "Storm Water Management Fund", and a charge, designated as the "Storm Water Management Charge" . 25. 03 . PURPOSE. The purpose of the Fund is to provide for the preservation and improvement of storm water drainage facilities within the City of Mounds View. There shall be deposited in the Fund all payments received pursuant to the provisions of this Chapter and such other monies as shall be specified from time to time by the City Council. A-P-P-L-I CAB-I-L--IT-Y. Any owner or his agent, who applies for a building permit under Chapter 59 of the Municipal Code, shall pay a Storm Water Management Charge in an amount, as determined hereinafter, to the Fund. If the City Engineer determines that applicant's land contributes storm water to a storm sewer needing improvement or additional monitoring (as identified in the storm water management study dated July-16, 1984 Local—Water Management—Plan dated February 12 , 1990 subject to subsequent revisions) , the applicant shall pay the SWM charge. If the City Engineer determines that the applicant's land does not contribute storm water to a storm sewer needing improvement or additional monitoring, the applicant shall pay 20% of the SWM charge. 25 - 1 MVSWM.ORD 3/17/92 25. 05. COMPUTATION OF REQUIRED SWM CHARGE. a) The minimum SWM charge shall be twenty-five dollars (25. 00) . b) No provision herein shall be construed to prohibit the payment of more than one SWM charge for a specific parcel of land. c) The SWM charge shall be zero whenever a building permit is issued for the addition, alteration, or improvement to an existing single family residential structure or a lot which has an existing single family residential structure in an R-1 zoned district. d) The SWM charge shall be as follows: PROPERTY ZONED SWM CHARGE R-1 $177 $202 per lot R-2 $867 $989 per acre R-3 $1,253 $1, 429 per acre R-4, R-5, R-0, B-1 $1, 723 $1,966 per acre B-2, B-3, B-4 and I-1 Subdivision 2. The SWM charge shall be adjusted annually on July 1st according to the change in the Engineering News Record Construction Cost Index for the Minneapolis-St. Paul area. 25. 06. USE OF FUND. Any SWM Charge payments deposited in the Fund shall be used only for expenses incurred in the design, construction, preservation, or improvement of City storm water management systems. These expenses shall include, but shall not be limited to, acquisition of land, wetlands, and easements, construction of water quality control improvements, preservation of wetlands, and debt retirement in connection with storm water management system improvements. 25. 07. TRANSFER OF FUNDS. Any SWM Charge payments deposited in the Fund shall not be transferred out of the Fund except for the purposes enumerated in Chapter 25. 06 above. 25 - 2 4 48. 01 CHAPTER 48 WETLAND ZONING ORDINANCE 48 . 01. TITLE, COUNCIL FINDINGS, POLICY, PURPOSES, AND MEANS. Subdivision 1. Citation. Section 48.01 to 48. 15 may be cited as the Wetlands Ordinance. Subdivision 2. Findings and Purposes. The Council finds critical to the present and future health, safety, and general welfare of the land, animals, and people within the City, as well as within the Rice Creek Watershed District; that existing and potential development within the City and Rice Creek Watershed possess increasing ecological and economic problems and demands, having the effect of potentially despoiling, polluting, accelerating the aging, eliminating or negatively and irretrievably altering both the wetlands and their functions (and the processes associated therewith) which, if managed will constitute important physical, educational, ecological, aesthetic, recreational, and economic assets for existing and future residents of the community and the Rice Creek Watershed District. The City Council has in mind its statutory obligation to comply with Chapters 104, 105, and 112 of Minnesota State Law, the regulations of Rice Creek Watershed District, Regulations of the Department of Natural Resources, including provisions for protected waters, Public Law 92-500 (Federal Water Pollution Control Act) , open space policies of the Metropolitan Council and its guidelines encouraging protection and enhancement of marshes, wetlands in the flood plain area, and the public interest in preventing irreparable destruction or deterioration of valuable natural resources. Therefore, recognizing the obligation to protect these assets and natural reeeurce gifts—from—destruction or deterioration and-pollution of all kinds, the purposes of this Chapter are: A. To preserve wetlands in as natural a state as possible; to serve as natural retention and detention areas for surface waters; to regulate the use of areas adjacent to the wetlands in order to protect and enhance the natural function of the wetlands; to provide for the protection, preservation, proper maintenance, use and enhancement of wetland zoning districts; to minimize the disturbance to them and to prevent or minimize damage from excessive 1 48. 01 sedimentation, eutrophication, or pollution; to prevent loss of aquatic organisms, wildlife, and vegetation or the habitats of the same; to provide for the protection of surface and ground water supplies from the danger of drought, overdraft, pollution, or mismanagement; to secure safety from floods; to reduce the financial burdens imposed upon the community through rescue and relief efforts occasioned by the occupancy or use of areas subject to periodic flooding; to prevent loss of life, property damage, and the losses and risks associated with flood conditions; to seduce erosion problems; to enhance and preserve quality; and to enhance and preserve the natural drainage ways. B. The public interest necessitates sound land use development, as land is a limited and irreplaceable resource, and the land within the municipality is a resource to be developed in a manner which will result in minimum damage to the quality of life, property, threat to health and reduction of private/public economic loss caused by drainage problems. Subdivision 3 . Means. It is the intent of the City to effectuate the purposes of this ordinance through the following means: A. Adopt a map designating the wetlands protected by this Ordinance. B. Promote community education about the importance, function, limitations, and impact of urbanization upon the water resources of the community. C. To preserve and enhance of wetlands within the community through implementation of-development regulations that will ensure the design and construction of adequate on- site storm water, sedimentation and retention and detention basins, flow control devices, and implementation of effective erosion control techniques. D. To apply techniques such as density transfers to development proposals in order tominimize ratios of impermeable surface to open space. 2 48 . 03 E. To establish means by which certain wetlands may be placed in the public domain for purposes of enhancement, preservation, protection, and maintenance. F. To provide means by which an applicant and the City will routinely obtain advice and input from various governmental agencies and professionals in the field of fresh water biology, hydrology, and civil engineering. G. To establish a system of permits and enforcement to effectuate the intent of this ordinance. 48. 02. WETLAND ZONING DISTRICTS. This Chapter shall apply to wetland zoning districts which are specifically identified on the zoning map entitled, "Wetland Zoning District Map" , an official copy of which shall be on file in the office of the Clerk-Administrator and shall be available for inspection and copying upon the terms and conditions as established by the City. A wetland zoning district may be modified or eliminated by four-fifths affirmative vote of the Council after Public Hearing and notice as set forth in Chapter 40 of this Code. Wetland zoning districts may not be eliminated unless it can be shown that the original designation is in error or that conditions have changed. When modifying or removing a wetland zoning district, the Council shall use the criteria and methods established in the FEDERAL MANUAL FOR IDENTIFYING AND DELINEATING JURISDICTIONAL WETLANDS dated January, 1989, as amended from time-to-time. 48 . 03 . SCOPE. The wetland zoning district shall overlay the zoning districts established pursuant to Chapter 40 of this Code as amended, so that any parcel of land lying in a wetland zoning district shall also lie in one or more of the established zoning districts. Lannds lying within a wetland zoning district shall be subject to the requirements established by other applicable ordinances and regulations of the City. Within each wetland zoning district, all uses shall be permitted in accordance with the regulations for the underlying zoning district, provided, however, that such uses must also satisfy the additional requirements established in this Chapter. 3 48. 04 48. 04. DEFINITIONS. Subdivision 1. Alteration. Any change, addition or modification. Subdivision 2. Building. Any structure used or intended for supporting or sheltering any use or occupancy. Subdivision 3. Development. The construction, installation or alteration of any structure; the extraction, clearing or other alteration of land or terrestrial or aquatic vegetation; or the course, current or cross section of any water body or watercourse; or the subdivision of land into parcels pursuant to Chapter 42 of the Municipal Code. Subdivision 4. Dimensional Requirements. A minimum/maximum setback yard requirements, or structure height or size established in Chapter 40 and 42 of the Municipal Code. Subdivision 5. Drainage Way A. Any natural, altered or artificial watercourse which has definable beds and banks capable of conducting confined runoff from adjacent lands. Watercourse beds not clearly defined shall be delineated to include that area which would be inundated by runoff, calculated in accordance with provisions in the Local Water Management Plan, re3ulting from a 24 hour rainfall a storm event having a recurrence interval of once in ten years. B. An altered watercourse is that which has been affected by man-made changes in straightening, deepening, narrowing, or widening the original channel. -C. An artificial-watercourse is that which has been artificially constructed by man where there was no previous natural watercourse. The limits of the watercourse bed are confined to that area which would be inundated by runoff, calculated in accordance with provisions in the Local Water Management Plan, resulting from a 24 hour rainfall a storm event having a recurrence interval of once in ten years. 4 48. 04 Subdivision 6. Enhance/ Enhancement. To heighten the value of Mounds View wetlands with respect to the purposes of this chapter. Subdivision 6A. Local Water Management Plan. A Local Water Management Plan, dated February 12, 1990, has been prepared for the City in accordance with Minnesota Statutes 103B. 201 to 103B. 255. The plan identifies the goals and policies of the City in providing for future development while minimizing surface water problems. Subdivision 7. Managed. To control the use of Mounds View' s wetland resources in a manner which is consistent with the purposes of this chapter. Management of wetlands includes conservation maintenance, and enhancement. Subdivision 8. Permit. An official document or certificate issued by the City authorizing performance of a specified activity. Subdivision 9. Person. Any individual, firm, corporation, partnership, association or other private or governmental entity. Subdivision 10. Structure. That which is built or constructed, an edifice or building of any kind, or any piece of work artificially built up or composed of parts joined together in some definite manner. Subdivision 11. Water Quality. The degree of excellence of water including but not limited to phosphorus concentrations, sediment load, and concentration of metals. Subdivision 12. Wetland. Those areas greater than one acre in size, that are —inundated or saturated by surface or groundwater at a frequency and duration sufficient to support, and that under normal circumstances do support hydrophytic vegetation, hydric soils and wetland hydrology, as delineated on the Wetland Zoning District Map. Subdivision 13 . Wetland Buffer Area. Areas abutting and within 100 feet, measured horizontally,--offa_wetland. 5 48 . 05 Subdivision 14. Wetland Drainage District. That area tributary to the Wetland Zoning District as delineated on the Wetland Zoning District Map. Subdivision 15. Wetland Zoning District. The areas delineated on the Wetland Zoning District Map which includes the wetlands and wetland buffer areas. 48 . 05. WETLAND ZONING DISTRICT REGULATIONS. Subdivision 1. No development, shall be allowed within a wetland zoning district without first having obtained a wetland alteration permit from the City as provided for in Chapter 48. 06 of this Code. Subdivision 2 . Whenever a wetland or drainageway is located on lands that are being subdivided, the subdivider shall dedicate such wetland and/or drainageway to the public as allowed per Minnesota Statutes 462 and shall dedicate an easement to the public as required for purposes of improving, maintaining, or protecting the area for drainage, water quality enhancement or other purposes expressed in this Chapter. Subdivision 3 . Notwithstanding the provisions of Chapter 40 of this Code, the following shall apply to all lands proposed to be subdivided pursuant to Chapter 42 of this Code and lying within a wetland zoning district: A. Rationale for Density Standards -- The following regulations are required to control the density of development in wetland zoning districts. The purpose of controlling development density is to reduce the financial burdens imposed on the community through rescue and relief efforts occasioned by the occupancy or use of areas subject to periodic flooding; to minimize . loss of life, property damage, and the losses and risks associated with flood conditions; and to minimize the detrimental effects of urbanization on the wildlife habitat, water quality enhancement, recreational and aesthetic values of wetlands. 1. Minimum lot size - 20, 000 square feet. 2 . Minimum lot width -125 feet as measured at the building setback line. 6 48 . 06 3 . All buildings, other than accessory buildings, as defined in Chapter 40 of this Code, shall be setback at least 100 feet from the wetland. 4. All accessory buildings shall be setback not less than the setback requirements set forth in Chapter 40.05 Subdivision C of this Code. Subdivision 6. Any building or structure situated on an existing parcel Of record, as of the date of the original date - . _ : ._ requirements of this chapter shall be considered non-conforming pursuant to the provisions of Chapter 40. 03 of this Code and will require a variance from the Council to build or rebuild. A non-conforming parcel shall exist: A. Where any portion of the parcel is contained "in a Wetland" ; or B. Where 20 percent of a parcel or at least 2 , 000 square feet of the parcel, whichever is less, shall be contained within the Wetland Buffer Area A non-conforming building shall exist: A. Where it does not meet building or structure setback requirements; B. Where it does not meet floor elevation requirements; 48. 06. PERMITS. Subdivision 1. The following activities in or upon a wetland zoning district shall require a wetland alteration permit: A. The digging, dredging, filling, draining, or in any way altering or removing any material from a wetland. B. The alteration of vegetation within the wetland or the destruction of vegetation within the Wetland Zoning District-__except to abate_a public nuisance. C. The construction, alteration, or removal of any structure. 7 48. 06 D. The altering of any embankment or ponding area, or the changing of the flow of water or ponding capacity. E. The storing of materials which would interfere with the flow of water and/or ponding capacity. F. Disposing of waste materials including, but not limited to, demolition debris and yard waste. G. Installation or maintenance of essential services. Subdivision 2. In consideration of an application for the issuance of a wetland alteration permit, the City may require that the applicant furnish and supply such information as required in 48. 06 (4B) . In acting upon a wetland alteration permit application, the City shall consider all relevant factors specified in other sections of this Chapter, including: A. The relationship of the proposed use to the Comprehensive Plan and the impact of the proposed use on the wetlands in the surrounding area. B. The impact of the proposed wetland alteration on the surface water storage, fish and wildlife habitat, and water quality enhancement values of the wetland. Subdivision 3 . Permits Standards. No permit shall be issued unless the City finds and determines that the proposed development complies with the following standards, or unless a variance is granted by the Council as set forth in Chapter 48 . 14 of this Code. A. Alteration. A minimum alteration of a wetland may be allowed when necessary for the use of property but only when it will nt have a substantially or significantly adverse ignif cantlyadverse effect as determined by the City, upon the ecological and hydrological characteristics of the wetland; however, in no case shall the restrictions set out below be exceeded. Since the extent of alteration which can be permitted is limited, the City when considering a permit application, shall consider equal apportionment of alteration opportunity. The alteration opportunity within the wetland shall be allocated among property owners in proportion to the area of wetland located within each property. 8 I 48. 06 1. Any alteration shall not cause a reduction in the flood storage capacity of the wetland. Flood storage capacity shall be determined by analysis of the runoff from the entire developed wetland drainage district resulting from both the two-year and 100-year frequency, 24-hour SCS Type 1 distribution storms. 2 . An alteration shall not reduce the existing water quality enhancement value of a wetland under conditions of ultimate development, during both the 2-year and 100-year frequency, 24-hour SCS Type 1 distribution storms. Water quality enhancement value of a wetland shall be determined using methods approved by the City. 3 . Any alteration shall not reduce the existing wildlife habitat value of a wetland as measured using methods approved by the City. 4. Only fill substantially free of chemical pollutants and wastes, as determined by the City, may be used. 5. Alterations shall be carried out so as to minimize the impact on vegetation. 6. Alterations shall not adversely the water flow characteristics within the wetland as determined by the City. 7. The size of the altered area shall be limited to the minimum required for the proposed action. 8. Work in the wetland will not be performed during the breeding season of waterfowl or fish spawning season. 9. No part of any sewage disposal system requiring on- land or in-ground disposal of waste shall be located closer than 100 feet from the wetland. All on-land or in-ground sewage disposal systems shall meet—criteriasetout in Minnesota- Rule 6, MCAR — - 4.8040, "Individual Sewage Treatment System Standard. " 9 10. Waste which would normally be disposed of at a solid or hazardous waste disposal site or which would normally be discharged into a sewage disposal system or sewer shall not be directly or indirectly discharged to a wetland. 11. Construction Erosion control measures and retention facilities shall be designed to limit soil loss from the development site to not more than five (5) tons per acre per year. Plans and supporting documentation for such measures and facilities shall be developed and approved by the City prior to commencement of construction. 12 . The applicant for the wetland alteration permit shall be required to demonstrate that after the development is completed, the conditions on the site will be stabilized such that the yearly soil loss from the site will not be greater than 0. 5 tons per acre per year. 13 . Sediment and soil loss shall be determined utilizing the "Universal Soil Loss Equation" as defined by the U.S. Department of Agriculture Soil Conservation Service Technical Field Guide as amended from time to time as provided for Ramsey Soil and Water Conservation District. 14 . Stormwater runoff from a development may be directed to the wetland when in conformance with the Local aurfacc wWater mManagement plan and only when substantially, as determined by the Council, free of sediment, debris, and chemical pollutants, and only at rates which will not substantially, disturb vegetation or increase turbidity as determined—by—the—C-i by-the-City. 15. The proposed action shall not cause stormwater runoff from the development to take place at a rate which would exceed the rate or volume of runoff as anticipated by the City's Local Surface Water Management Plan . 10 48 . 06 16. The quality of water infiltrated to the water table or aquifer shall remain substantially, as determined by the City, unchanged by the alteration of the site. 17. All buildings, other than accessory buildings, as defined in Chapter 40 of this Code, shall be setback at least 100 feet from the wetland. 18. All accessory buildings as defined in Chapter 40 of this Code shall be setback not less than the requirements set forth in Chapter 40. 05 subdivision C. 19. The lowest floor elevation of minimum buildings elevation permitted in a wetland zoning district shall be as defined in the Local Water Management Plan at least two {2) feet above the elevation of the 0100-year frequency flood lcvcl. 20. No alteration shall be allowed which will endanger the health, safety, or welfare of persons, or which may result in unusual road maintenance costs or utility line breakages due to soil limitations, including high frost action. 21. Removal of vegetation within a wetland zoning district shall be permitted only when reasonably required for the placement of structures and use of property. Subdivision 4 . Conditions A. 1. A wetland alteration permit may be approved subject to conditions reasonable and necessary toensure _ compliance with the requirements contained in 48. 06, Subdivisions 1, 2, and 3 . Such conditions may, among other matters a. Provide for the enhancement of wetland storm water storage, fish and wildlife habitat, and water quality enhancement- functions of wetland zoning- districts; 11 48. 06 b. provide for enhancement of recreation and education opportunities in wetland zoning districts; c. limit the size, kind, or character of the proposed work; d. require the construction of stormwater detention facilities or other structures; e. require replacement of vegetation; f. establish required monitoring or maintenance procedures including the payment of costs for such procedures; g. stage the work over time and increments of land to be developed; h. require the alteration of the site design to insure buffering; i. require the provision a performance bond; j . or require the conveyance to the City of certain lands or interest therein. The dimensional requirements of the underlying zoning ordinance may be modified in furtherance of the purposes of this Chapter. 2. The permit application shall be submitted to the City. The City shall process the permit a• •lication accordin• to the provisions of 48. 06 Subdivision 6 of this Code. The Council who may reerthe permit application to the Planning Commission or the City staff for review and report or may direct that the permit application be processed according to the procedures specified for the processing of conditional use permits set forth in Chapter 40 of the Municipal Code. Upon approval of the application for the permit, the City Council may establish such terms and -conditions, in - addition to those specifically cited in this Chapter or Chapter 40 as it deems necessary to protect the public health, safety, and welfare, 12 48. 06 including the posting of sufficient surety to guarantee conformance to the purposes of the permit and all laws regulating the activity. The development controls provided in Chapter 59. 07 of the Municipal Code may also be required. 3 . A wetland alteration permit may be processed coextensively with any other application for use permit approval that may be required under other provisions of the Municipal Code. B. The following drawings and exhibits may be required with a permit application: 1. The name and address of the subdivider, developer, and owner or any other party of interest. 2 . A legal description of the proposed site with a map showing its location with indications of private access roads, existing or proposed public roadways within and surrounding the development site. 3 . A full and adequate description of all phases of the operation and/or proposed physical changes. 4. A soil survey map of the proposed development site. 5. A topographic map of the development area with contour information at two (2) foot intervals or spot elevations at two hundred (200) foot intervals and at a horizontal scale of one (1) inch to one hundred (100) feet or larger. 6. A detailed site plan of the proposal showing proposed drainage, grading, and landscaping. 7. A site design map showing the location of existing and future man-made features within the site and to a distance of five hundred (500) feet surrounding the site or to the wetland drainage district boundary, whichever is shorter. 13 48 . 06 8. Information on existing drainage and vegetation of all lands within the site and to a distance of five hundred (500) feet surrounding the site or to the wetland drainage district boundary, whichever is shorter. 9. The time period for commencement and completion of the development, including time for staging of development, if applicable. 10. Design specification and plan for all sediment and erosion control measures as well as all grading and drainage appurtenances and practices. 11. Engineering data related to computations of existing and proposed hydrology, water quality, hydraulics, and soil loss. 12. Such additional information as necessary to evaluate the permit application. Subdivision 5. Time of Permit - Extensions and Renewals. A permittee shall begin the work authorized by the permit within ninety (90) days from the date of issuance of the permit unless otherwise set forth in the permit. The permittee shall complete the work authorized by the permit within the time limit specified on the permit, which shall in no event exceed more than twelve (12) months from the date of issuance unless such time limit is extended by the Council. The permittee shall notify the City at least forty-eight (48) hours prior to the commencement of work. Should the work not be commenced as specified herein, the permit shall become void. Subdivision 6. Issuing Authority A. The Issuing Authority for Wetland Alteration Permits shall be as set forth here after: 1. Administrative Issuing Authority: The City EngineerfDir-ector--of Public Works, orhisdesignee (Building Inspector or City Planner) have the authority to issue wetland alteration permits which meet the standards in this chapter if: 14 48 . 07 a. The permit requests repair or maintenance of any lawful use of land existing on the date of adoption of this Chapter. b. Alterations within the wetland buffer zone do not extend into or impact the adjacent wetland. c. The permit requests public and/or private utility work on existing facilities. • • • - - . .h ' - : #10 ' ii - - - A - - - •zone, but outside of the wetland not having adverse impacts upon the wetlands. a. Installation and maintenance of fences. b. Landscaping not including impervious surfaces c. Detached garages and accessory buildings. d. Grading which does not adversely alter storm water storage capacity, storm water flow direction or runoff intensity. e. Temporary structures not requiring permanent foundations or pads for support. II. The City Council may issue permits which meet the standards in this Chapter and are beyond the scope of the administrative approval above; which have been reviewed by City staff and referred to Council; or which are appealed to Council after having been reviewed and denied by City staff. . 07. EXCEPTIONS; PERMIT. A. Emergencies. Upon the declaration of an emergency by the City, emergency work necessary to preserve life or property shall be permitted in a wetland zoning district. B. Repairs.- - -Upon- a-pplication and approval by the Council City, a person may repair or maintain any lawful use of land existing on the date of adoption of this Chapter. 15 48. 08 B. Notwithstanding any other provision of this Code to the contrary, may develop a municipally owned recreation or park facility on City owned lands which will involve the development within a wetlands zoning district as part of an integrated plan., comprising not less than 75 acres, where such development would reasonably conserve, preserve and enhance the environment by providing facilities that would protect the public health, safety and welfare. 48.08. DEVELOPMENT DENSITY AND PARK LAND DEDICATION CREDIT TRANSFERS. Subdivision 1. When land to be developed includes wetlands, the developer thereof may receive a credit for the undevelopable portion of said wetland, either: A. toward the dedication of land requirements under Municipal Code, Chapter 42 . 13, Parks and Playground Dedication, not exceeding the amount of the developable lands in the development proposal; or B. the development may be intensified so as not to exceed twice the allowable land use densities prescribed under Chapters 40 and 42 of the Code provided, however, that said intensified land use must be consistent with street dedication dimensions, parking requirements, and screening, fencing and landscaping regulations of the City; or C. the building square footage requirements of the Municipal Code may be intensified but not to exceed five (5) percent; or D. any combination of A, B, and C above as agreed upon by developer and City, keeping in mind that the public health, safety, and welfare of the community is paramount. Subdivision 2. Upon receipt of any of the credits herein, thedeveloper- shall convey any wetlands designated by this- Chapter, for which a credit has been given, to and may be accepted by the City free and clear of all encumbrances. 16 48. 12 48. 09. ACQUISITION OF INTERESTS IN LAND. The municipality may acquire, pursuant to law, fee title or easement rights, by dedication, gift, purchase, eminent domain, tax forfeiture, leasehold estates, part or all of any wetlands or land adjacent, abutting, contiguous, or affecting wetlands, for the purpose of preserving such lands and protecting the public health, safety, and welfare. Charges authorized by Chapter 25 and Chapter 42 of the Municipal Code or by other applicable law may be used to finance the acquisitions authorized herein. The Council may abate those taxes and assessments within wetlands as authorized by law. 48 . 10. RESPONSIBILITY. Neither the issuance of a permit nor compliance with the conditions thereof, nor with the provisions of this Chapter, shall relieve any person from any responsibility otherwise imposed by law for damages to persons or properties; nor shall the issuance of any permit hereunder serve to impose any liability on the municipality or its officers or employees for injury or damage to persons or property. A permit issued pursuant to this Chapter shall not relieve the permittee of the responsibility of complying with any other requirements established by law, regulation or ordinance. 48. 11. PENALTY. Any person who violates the provisions of this Chapter shall be guilty of a misdemeanor. Each day during which said violation exists is a separate offense. Any violation of this Chapter is a public nuisance and may be enjoined by civil action. Costs of any civil enforcement shall be assessed against the property so enjoined. Any person who, in violation of this Chapter, alters, changes or modifies any wetlands shall restore such wetlands to their original condition. 48. 12 . SEVERABILITY: If any part_ ofthisChapter is held to be unconstitutional or otherwise illegal, the remainder of this Chapter shall be deemed and held to be valid and remain in force and effect as if such portion had not been included herein. If this Chapter or any provision herein is held to be inapplicable to any person, property or work, such holding shall not affect the applicability hereof to any other person's property or work. 17 48. 14 48 . 13 . SPECIAL ASSESSMENT. The property within a designated wetland which is restricted hereby or for which a development or other restrictive easement is conveyed to the municipality shall not be subject to future special assessments for the costs of public improvements for which such assessments are authorized pursuant to Chapter 26 of the Municipal Code. 48. 14. VARIANCE AND APPEALS. Subdivision 1. An application for variance or appeal to the Council shall be processed according to Chapter 40 of the Municipal Code. Subdivision 2 . No variance may be granted which would allow any use that is prohibited in the zoning district in which the property is located or which will: A. Result in incompatible land uses or which would be detrimental to surface and groundwater resources. B. Increase the financial burdens imposed on the community through increasing floods and overflow of water onto land areas within this City or onto land areas adjacent to Rice Creek. C. Be not in keeping with land use plans and planning objectives for the City or which will increase or cause danger to life or property. D. Be inconsistent with the objectives of encouraging land uses compatible with the preservation of the natural land forms, vegetation and wetlands within the City. E. Include development of land and water areas essential to continue the temporarywithholdingof rapid runoff of surface water which contributes to downstream flooding, or water pollution, or development of land and water areas which provide groundwater recharge, or development which diminishes the land or water which are necessary to carry increased flows of stormwater following periods of heavy precipitation. 18 48 . 15 Subdivision 3. No permit or variance shall be issued unless the applicant, in support of his application, shall submit engineering data, surveys, site plans and other information as the City may require in order to determine the effects of such development on the affected land and water areas. 48. 15. WETLAND ZONING DISTRICTS. Subdivision 1. Wetland Zoning District Map. . Pursuant to Chapter 48. 02, the wetland zoning districts delineated in the iererenced wetland zoning district map are hereby established. Subdivision 2. Wetland Zoning Districts by Legal Description. Pursuant to Chapter 48. 02, the following described properties are hereby designated as wetlands: (see Appendix A) . Subdivision 3. Inclusive. The wetland zoning districts designated in Subdivisions 1 and 2 above are hereby established as wetland zoning districts for the municipality. 19 MVSWDM.ORD 3/18/92 CHAPTER 49A SURFACE WATER DRAINAGE MANAGEMENT AND DEVELOPMENT CONTROL ORDINANCE 49A.01 Findings of Fact and Purpose. Subdivision 1. Findings of Fact. (a) The public interest necessitates sound land use development as land is a limited and irreplaceable resource and the land within the municipality is a resource to be developed in a manner which will result in minimum damage to the quality of life and to property and threat to health and reductions of private and public economic loss caused by drainage problems. (b) The existing drainage system in Mounds View in general adequately meets the needs of the City. However, the storm drainage system will not in the future provide adequate or proper drainage in those areas of the City subject to substantial residential, commercial or industrial development unless the large increase in storm water runoff that is known to result from such development is properly controlled and regulated. The consequence of not restricting such increase in runoff would be to subject a major portion of the lands of the City to high water tables, drainage problems, storm water flooding by heavy rains, inadequate drainage facilities, causing erosion, damage to property, disruption of residential, commercial and governmental services, unsanitary conditions and interruptions of transportation, all of which would be detrimental to the health, safety, welfare and property of affected residents of the City. (c) The Local Water Management Plan was prepared for the City in accordance with Minnesota Statutes 103B. 201 TO 103B.255. The plan identifies the goals and policies of the City in providing for future development while minimizing surface water problems. The goals, policies, and development guidelines in the Local Water Management Plan are hereby incorporated by reference into this Chapter- Subdivision hapter--. Su_ division 2. Purposes. (a) - = - and minimize ctorm water runoff through land development management measures ctrcecing ctorm water retention and/or dctcntion. The efforts of the City's Water Management programs are to prevent flooding and improve water quality through the best possible utilization of wetlands and artificial detention areas. Wetland management, as—opposed to preservation, will allow the City to - maintain the integrity of its wetlands while improving water quality and reducing the City maintenance efforts. (b) To guide and control new development of lands within the City in ways that will be consistent with the zoning laws and Comprehensive Development Plan in force at the time of the development, consistent with the requirements of the Local Water 49A - 1 MVSWDM.ORD 3/18/92 Management Plan, Rice Creek Watershed District, Municipal Code, Minnesota State Statutes, and other regulatory agencies and consistent with sound economic policies as such policies affect property owners and the proponents of new developments; and to require proponents of new developments to adopt sound development plans and proposals that will cause no economic burden both as to storm waters or drainage, on the owners of abutting or adjoining properties, or affected properties, or on the property owners of the City at large. 49A. 02 General Provisions. Subdivision 1. Applicability. The requirements adopted herein shall apply to all development proposals that are subject to the provisions of rhaptPr 59-07 of the Munici .. .. - . Subdivision 2 . Required Facilities. The City may, at its sole discretion, require storm sewers conveyance systems, retention and/or detention areas and associated water quality improvement structures required for any development proposal to meet the goals, policies and development guidelines of the Local Water Management Plan dated February 12 , 1990 subject to subsequent revisions. Subdivision 3. Performance Guarantee. Whenever privately owned and maintained drainage improvements shall be required for a development by the City, the developer shall provide a seven year maintenance/performance guarantee to assure proper maintenance and operation of such improvements. In such cases, the developer shall also hold the City harmless for any defect in design, construction or operation. Subdivision 4. Financial Responsibility. Drainage facility improvements required for any development proposal shall be the financial responsibility of the developer. 49A. 03 Design Standards. Subdivision 1. Storm sewer system water facilities required for any development shall be designed and constructed to at least a five year frequency s-term deoiqn, retortion basins shall be at a maximum, the amount of runoff from the property that will occur in its undeveloped etatc resulting from a five year storm according to the Development Guidelines of the Local Water Management Plan dated February 12 , 1990 subject to subsequent revisions. Subdivision 2 . The Ramsey County Erosion and Sediment Control Handbook (1989) prepared by the Ramsey County Soil and Water Conservation District and subsequent revisions thereto shall be utilized in the design and construction of sediment and erosion control measures within the City. 49A. 04 Definitions. Subdivision 1. Five, Fifty and One Hundred Year Storm. It shall be as determined by the U.S. Weather Bureau Technical Paper 49A - 2 MVSWDM.ORD 3/18/92 Noc. 48 and 49 and shall be the 24 hour rainfall event with a probability of reoccurrence of once in five, fifty or one hundred years. Subdivision 2 . Retention Basin. It chall be an arca decignatcd to ctorc the surface water drainage from the adjoining drainage bacin with no outlet to downstream areas,. Subdivision 3. Detention Basin. It chall be an arca decignatcd to rectriet and temporarily atom urfacc water drainage from the adjoining drainage bacin. Definitions related to this Chapter are contained in Volume 3 , Appendix C of the Local Water Management Plan. 49A. 05 Responsibility. Neither the issuance of a permit nor compliance with the conditions thereof, nor the provisions of the Chapter, shall relieve any person from any responsibility otherwise imposed by law for damages to persons or property; nor shall the issuance of any permit hereunder serve to impose any liability on the municipality or its officers or employees for injury or damage to person or property. A permit issued pursuant to this Chapter shall not relieve the permittee of the responsibility of complying with any other requirements established by law, regulation or ordinance. 49A.06 Penalty. Any person who violates the provision of this Chapter shall be guilty of a misdemeanor. Each day during which said violation exists is a separate offense. Any violation of this Chapter is a public nuisance and may be enjoined by civil action. Costs of any civil enforcement shall be assessed against the party so enjoined. Any person who, in violation of this Chapter, alters, changes, or modifies any surface water drainage facilities shall restore such facilities to their original condition within the time limit set by the Council. 49A-Oa Severability. If- anypartof the Chapter is held to be unconstitutional or otherwise illegal, the remainder of this Chapter shall be deemed and held to be valid and remain in force and effect as if such portion had not been included herein. If this Chapter of any provision herein is held to be applicable to any person, property, or work, such holding shall not effect the applicability hereof to any other person's property or work. 491108 VarianceandAppeals. Subdivision 1. Processing of Application. Any application for variances or appeals shall be processed according to the procedures specified in Chapter 40 of the Municipal Code. Subdivision 2 . Restrictions on Granting Variances. No variance may be granted which would allow any use that is 49A - 3 MVSWDM.ORD 3/18/92 prohibited in the zoning district in which the property is located or which would: (a) Result in incompatible land uses or which would be detrimental to the protection of surface and ground water supplies. (b) Increase the financial burdens imposed on the community through increasing floods and overflow of water onto land areas within this City or onto land areas adjacent to Rice Creek. (c) Be not in keeping with land use plans and planning objectives for the City or which would increase or cause danger to life or property. (d) Be inconsistent with the goals, policies and Development Guidelines of the Local Water Management Plan dated February 12 , 1990 subject to subsequent revisions. Subdivision 4. Required Supporting Data. No permit or variance shall be issued unless the applicant, in support of his application, shall submit engineering data, surveys, site plans and other information as the City may require in order to determine the effects of such development on the affected land and water area. 49A - 4 MVFPZ.ORD 3/18/92 CHAPTER 49 FLOOD PLAIN ZONING ORDINANCE 49. 01. STATUTORY AUTHORIZATION, FINDINGS OF FACT AND PURPOSE. Subdivision 1. Statutory Authorization. The Legislature of the State of Minnesota has, in Minnesota Statutes, Chapter 104, and in the Mounds View Municipal Code, Chapter 40, delegated the responsibility to local governmental units to adopt regulations designed to minimize flood losses. Therefore, the City Council of Mounds View, Minnesota, does ordain as follows: Subdivision 2 . Findings of Fact. (a) The flood hazard areas of Mounds View, Minnesota, ale subject to periodic inundation which results in potenti$l loss of life, loss of property, health and safety hazards, disruption of commerce and governmental services, extraordinary public expenditures for flood protection and relief, and impairment of the tax base, all of which adversely affect the public health, safety, and general welfare. (b) Methods Used to Analyze Flood Hazards. This Ordinapce is based upon a reasonable method of analyzing flood 'hazards which is consistent with the standards established by the Minnesota Department of Natural Resources. Subdivision 3 . Statement of Purpose. It is the purpose of this Ordinance to promote the public health, safety, and general welfare and to minimize those losses described in Subdivision 2 , Section (a) , by provisions contained herein. 49. 02 . GENERAL PROVISIONS. Subdivision 1. Lands to Which Chapter Applies. This Chapter shall apply to all lands within the jurisdiction of Mounds View shown on the Flood Plan Zoning Map as being located within the 100- year flood boundary. These lands are delineated as flood insurance zones A-1, A--2 , A-3, A-4, A-6, A-7 or A-H. Subdivision 2 . Establishment of Flood Plain Zoning Map. The Flood Plain Zoning Map together with all materials attached thereto is hereby adopted by reference and declared to be a part of this ordinance. The attached material shall include the Flood Insurance Study for the City of Mounds View prepared by the Federal Insurance Administration dated March 3 , 1983 , and the Flood Boundary and Flood-way Maps and Flood Insur-ance RateMapstherein-.- The Official Zoning Map shall be on file in the office of the Clerk- Administrator. Subdivision 3 . Regulatory Flood Protection Elevation. The Regulatory Flood Protection Elevation shall be an elevation no lower than one foot above the elevation of the regional flood. 49 - 1 MVFPZ.ORD 3/18/92 Subdivision 4 . Interpretation. (a) In their interpretation and application, the provisions of the ordinance shall be held to be minimum requirements and shall be liberally construed in favor of the governing body and shall not be deemed a limitation or repeal of any other powers granted by State Statutes. (b) The boundaries of the zoning districts shall be determined by scaling distances on the Flood Plain Zoning Map. Where interpretation is needed as to the exact location of the boundaries of the district as shown on the Flood Plain Zoning Map, as for example where there appears to be a conflict between a mapped boundary and actual field condition, the Planning Commission shall make the necessary interpretation based on elevations on the regional (100-year) flood project and other available technical data. Persons contesting the location of the district boundaries shall be given a reasonable opportunity to present their case to the Planning Commission and to submit technical evidence. Subdivision 5. Compliance. No structure or land shall hereafter be used and no structure shall be located, extended, converted, or structurally altered without full compliance with the terms of this Chapter and other applicable regulations which apply to uses within the jurisdiction of this Chapter. Subdivision 6. Abrogation and Greater Restrictions. It is not intended by this Chapter to repeal, abrogate, or impair any existing easements, covenants, or deed restrictions. However, where this Chapter imposes greater restrictions, the provisions of this Chapter shall prevail. In all cases, provisions of Chapter 48, Wetland Zoning Ordinance and the Local Water Management Plan date February 12 , 1990 subject to subsequent revisions, shall be considered more restrictive than this Chapter. Subdivision 7 . Warning and Disclaimer of Liability_. This Chapter does not imply that areas outside the flood plain districts or land uses permitted within such districts will be free from flooding or flood damages. This Chapter shall not create liability an the -part- of Mounds-View or any officer-or-employee thereof for any flood damages that result from reliance on this Chapter or any administrative decision lawfully made thereunder. Subdivision 8. Severability. If any section, clause, provision, or portion of this Chapter is adjudged unconstitutional or invalid by a court of competent jurisdiction, the remainder of this Chapter shall not be affected thereby. Subdivision 9 . Definitions. Unless specifically defined below, words or phrases used in this Chapter shall be interpreted so as to give them the same meaning as they have in common usage and so as to give this Chapter its most reasonable application. 49 - 2 MVFPZ.ORD 3/18/92 (a) Accessory Use or Structure - a use or structure on the same lot with, and of a nature customarily incidental and subordinate to, the principal use or structure. (b) Equal Degree of Encroachment - a method of determining the location of floodway boundaries so that flood plain lands on both sides of a flooding source are capable of conveying a proportionate share of flood flows. (c) Flood - a temporary increase in the flow or stage of a lake or other flooding source that results in the inundation of normally dry areas. (d) Flood Frequency - the average frequency, statistically determined, for which it is expected that a specific flood stage or discharge may be equaled or exceeded. (e) Flood Plain - the areas which have been or hereafter may be covered by the regional flood. (f) Flood-Proofing - a combination of structural provisions, changes, or adjustments to properties and structures subject to flooding, primarily for the reduction or elimination of flood damages. (g) Flood Plain Zoning District - the area delineated A-i, A- 2, A-3 , A-4 , A-6, A-7 or A-H on the Flood Insurance Rate Map attached to the Flood Plain Zoning Map. (h) Obstruction - any dam, wall, wharf, embankment, levee, dike, pile, abutment, projection, excavation, channel modification, culvert, building, wire, fence, stockpile, refuse, fill, structure, or matter in, along, across, or projecting into any channel, watercourse, or regulatory flood plain which may impede, retard, or change the direction of the flow of water, either in itself or by catching or collecting debris carried by such water. (i) Reach - a length of a watercourse or water body having relatively the same flood hazard. (j )- -Regional Flood - a- flood which is representative of large floods known to have occurred generally in Minnesota and reasonably characteristic of what can be expected to occur on an average frequency in the magnitude of the 100-year recurrence interval. Regional flood is synonymous with the term "base flood" used in the Flood Insurance Study. (-k) Stru-ctu-r-e - anything constructed orerectedon the ground or attached to the ground, including, but not limited to, buildings, factories, sheds, detached garages, cabins, mobile homes, and other similar items. 49 - 3 MVFPZ .ORD 3/18/92 (1) Regulatory Flood Protection Elevation - an elevation no lower than one foot above the elevation of the regional flood except Judicial Ditch No. 1, Hillview and Lois Drive flood areas shall have an elevation no lower than 2 . 0 feet above regional flood plus any increases in flood heights attributable to encroachment on the flood plain. It is the elevation to which uses regulated by this Chapter are required to be elevated or flood-proofed. 49 . 03 . ESTABLISHMENT OF FLOOD PLAIN ZONING DISTRICT. The flood plain areas within the jurisdiction of this Chapter are hereby defined to be those areas delineated A-1 to A-4 , A-6, A-7, and A-H or Flood Insurance Map attached to the Flood Plain Zoning Map. 49. 04 . FLOOD PLAIN ZONING DISTRICT (F. Z.D. ) . Subdivision 1. Permitted Uses. The following uses have a low flood damage potential and do not obstruct flood flows. These uses shall be permitted within the F.Z .D. to the extent that they are not prohibited by any other ordinance and provided they do not require structures, fill, or storage of materials or equipment. In addition, no use shall adversely affect the capacity of the channels or floodways or of any drainage ditch, or any other drainage facility or system. (a) Agricultural uses such as general farming, pasture, grazing, outdoor plant nurseries, horticulture, truck farming, forestry, sod farming, and wild crop harvesting. (b) Industrial-Commercial uses such as loading area or parking areas. (c) Private and public recreational uses such as golf courses, tennis courts, driving ranges, archery ranges, picnic grounds, boat lunching ramps, swimming areas, parks, wildlife and nature preserves, game farms, fish hatcheries, shooting preserves, target ranges, trap and skeet ranges, hunting and fishing areas, and single or multiple purpose recreational trails. (d) Residential uses such as lawns, gardens, perking areas, and play areas. Subdivision 2 . Conditional Uses. The following open space uses require accessory structures (temporary or permanent) , or fill or storage of materials or equipment. These uses may be permitted in the F. Z.D. only after the issuance of a Conditional Use Permit as provided in Section 49. 07, Subdivision 4 , of this Chapter. (a) Structures accessory to open space uses. (b) Placement of fill. (c) Extraction of sand, gravel, and other materials. (d) Marinas, boat rentals, docks, piers, wharves, and water 49 - 4 MVFPZ.ORD 3/18/92 control structures. (e) Railroads, streets, bridges, utility transmission lines, and pipelines. (f) Storage yards for equipment, machinery, or materials. (g) Other uses similar in nature to uses describes in Section 49 . 04, Subdivisions 1 and 2, which are consistent with the provisions set out in Section 49 . 01, Subdivision 3 , and Section 49. 04 of this ordinance. Subdivision 3 . Standards for F.Z .D. Conditional Uses. (a) All uses. No structure (temporary or permanent) , fill (including fill for roads and levees) , deposit, obstruction, storage of materials, or equipment, or other uses may be allowed as a Conditional Use, which acting alone or in combination with existing or reasonably anticipated future uses, increases flood heights. In addition, all F.Z.D. conditional uses shall be subject to the standards contained in Section 49 . 07, Subdivision 4 (e) and the following standards (Section 49 . 04 , Subdivision 3 , b - e) . (b) Fill. (1) Any fill deposited in the F. Z .D. shall be no more than the minimum amount necessary to conduct a Conditional Use listed in Section 49 . 04 , Subdivision 2 . Generally, fill shall be limited to that needed to grade or landscape for that use and shall not in any way obstruct the flow of flood waters. (2) Spoil from dredging or sand and gravel operations shall not be deposited in the F. Z.D. unless it can be done in accordance with (1) of this section. (3) Fill shall be protected from erosion by vegetation cover. (c) Accessory Structures (temporary or permanent) permitted as Conditional Uses by Section 49 . 04 , Subdivision 2 (a) . (1) Accessory structures shall not be designed for human habitation. (2) Accessory structures, if permitted, shall be constructed and placed on thebuildingsite so as to offer the minimum obstruction to the flow of flood waters. 49 - 5 MVFPZ .ORD 3/18/92 (3) Accessory structures shall be flood-proofed in accordance with the State Building Code. (d) Storage of Materials and Equipment. (1) The storage or processing of materials that are, in time of flooding, flammable, explosive, or potentially injurious to human, animal, or plant life is prohibited. (2) Storage of other materials or equipment may be allowed if readily removable from the area within the time available after a flood warning. (e) Structural Works for Flood Control. Structural works for flood control such as dams and channel enlargements that will change the course, current, or cross-section of a public water shall be subject to provisions of Minnesota Statutes, Chapter 105. 49 . 05. Subdivisions. No land shall be subdivided which is held unsuitable by the City Council for reason of flooding, inadequate drainage, water supply or sewer treatment facilities. All lots within the flood plain zoning districts shall contain a building site at or above the Regulatory Flood Protection Elevation. All subdivisions shall have water and sewage disposal facilities that comply with the provisions of this ordinance and have road access both to the subdivision and to the individual building sites no lower than two (2) feet below the Regulatory Flood Protection Elevation. 49. 06. Public Utilities, Railroads, Roads, and Bridges. Subdivision 1. Public Utilities. All public utilities and facilities such as gas, electrical, sewer, and water supply systems to be located in the F.Z .D. shall be flood-proofed in accordance with the State Building Code or elevated to above the Regulatory Flood Protection Elevation. Subdivision 2 . Public Transportation Facilities. Railroad tracks, roads, and bridges to be located within the F. Z .D. s11 — - -comply with Section 49-.04 , Subdivision 3 (a and b) of this ordinance. Elevation to the Regulatory Flood Protection Elevation shall be provided where failure or interruption of these transportation facilities are essential to the orderly functioning of the area. Minor or auxiliary roads or railroads may be constructed at a lower elevation where failure or interruption of transportation services would not endanger the public health or safety. 49 . 07 . Administration. Subdivision 1. Zoning Administrator. A Zoning Administrator designated by the City Council shall administer and enforce the Chapter. If he/she finds a violation of the provisions of this Chapter he/she shall notify the person responsible for such violation and order the action necessary to correct it. 49 - 6 MVFPZ.ORD 3/]2/92 Subdivision 2 . Use Permit. (a) Use Permit Required. A use permit issued by the Zoning Administrator is conformity with the provisions of this Chapter shall be secured prior to the erection, addition, or alteration of any building, structure, or portion thereof; prior to the use or change of use of building, structure, or land; prior to the change or extension of a nonconforming use; and prior to the placement of fill or excavation of materials within the F. Z .D. (b) Application for Use Permit. Application for a use permit shall be made in duplicate to the Zoning Administrator on forms furnished by him/her and shall include the following where applicable: plans in duplicate drawn to scale, showing the nature, location, dimensions, and elevations of the lot; existing or proposed structures, fill, or storage of materials; and the location of the foregoing in relation to the stream channel or water body. (c) State and Federal Permits. Prior to granting a use permit or variance, or processing an application for the conditional use permit, the Zoning Administrator shall determine that the applicant has obtained all necessary State and Federal permits. (d) Certificate of Zoning Compliance for a New, Altered, or Nonconforming use. It shall be unlawful to use, occupy premises or part thereof hereafter created, erected, changed, converted, altered, or enlarged in its use or structure until a Certificate of Zoning Compliance shall have been issued by the Zoning Administrator stating that the use of the building or land conforms to the requirements of this Chapter. Where a nonconforming use or structure is extended or substantially altered, the Certificate of Zoning Compliance shall specifically state the manner in which the nonconforming structure or use differs from the provisions of this ordinance. (e) Construction and Use to be as Provided in Applications, Plans,- Permits, and Certificate of Zoning Compliance. Use permits, conditional use permits, or Certificates of Zoning Compliance issued on the basis of approved plans and applications authorize only the use, arrangement, and construction set forth in such approved plans and applications, and no other use, arrangement, or construction. Any use, arrangement, or construction at variance with that authorized shall be deemed a violation of this Chapter. The applicant--shall be required to submit certification by a registered professional engineer, registered architect, or registered land surveyor that the finished fill and building elevations were accomplished in compliance with the provisions of this Chapter. Flood-proofing measures shall be certified by a registered professional engineer or registered architect. 49 - 7 MVFPZ .ORD 3/18/92 (f) Record of First Floor Elevation. The Zoning Administrator shall maintain a record of the elevation of the first floor (including basement) of all new structures or additions to existing structures in the flood plain districts. He/She shall also maintain a record of the elevations to which structures or additions to structures are flood-proofed. Subdivision 3 . Board of Adjustment and Appeals. A Board of Adjustment and Appeals is established as provided in Chapter 40 of the Municipal Code. (a) Rules. The Board of Adjustment and Appeals shall adopt rules for the conduct of business and may exercise all of the powers conferred on such Boards by State law. (b) Administrative Review. The Board shall hear and decide appeals where it is alleged there is error in any order, requirement, decision, or determination made by an administrative official in the enforcement of administration of this Chapter. (c) Variances. The Board may authorize upon appeal in specific cases such variance from the terms of this chapter as will not be contrary to the public interest, where, owing to special conditions, literal enforcement of the provisions of the Chapter will result in unnecessary hardship so that the spirit of the Chapter shall be observed and substantial justice done. No Variance shall have the effect of allowing in any district uses prohibited in that district, permit a lower degree of flood protection than the Regulatory Flood Protection Elevation for the particular area, or permit standards lower than those required by State law. (d) Hearings. Upon filing with the Board of Adjustment and Appeals of an appeal from a decision of the Zoning Administrator, or an application for a variance, the Board shall fix a reasonable time for a hearing and give due notice to the parties in interest. The Board shall submit by mail to the Commissioner of Natural Resources a copy of the application -for proposed variance sufficiently in advance so that the Commissioner will receive at least ten (10) days notice of the hearing. (e) Decisions. The Board shall arrive at a decision on such appeal or variance within thirty (30) days after Public Hearing of such appeal or variance. In passing upon an appeal the Board may, so long as such action is in con-f-ormity with the provisionofthe Chapter_, reverse or affirm, wholly or in part, or modify the order, requirement, decision or determination appealed from. It shall make its decision in writing setting forth the findings of fact and the reasons for its decision. In granting a variance the Board may prescribe appropriate conditions and safeguards such as those specified in Section 49 . 07, Subdivision 4 (g) , which are in conformity 49 - 8 MVFPZ .ORD 3/18/92 with the purposes of this Chapter. Violations of such conditions and safeguards, when made part of the terms under which the variance is granted, shall be deemed a violation of this Chapter punishable under Section 49. 09 . A copy of all decisions granting variances shall be forwarded by mail to the Commissioner of Natural Resources within ten (10) days of such action. (f) Appeal to the City Council and District Court. Appeals from any decision of the Board may be taken by any person or persons, jointly or severally, aggrieved by any decision of the Board, or any taxpayers, officer, department, board, or bureau of the municipality, to the City Council. The decision of the City Council may be appealed to the district court, of this jurisdiction as provided in Minnesota Statutes 462 . 361. Subdivision 4 . Conditional Uses. The City Council shall hear and decide applications for conditional uses permissible under this Chapter. Applications shall be filed with the Clerk-Administrator who shall forward the applications to the Planning Commissioner for consideration. The Planning Commission shall in turn refer application to the City Council for decision as provided in the Municipal Code. (a) Hearings.. Upon referring to the City Council as application for a conditional use permit, the City Council shall submit by mail to the Commissioner of Natural Resources a copy of the application for proposed conditional uses sufficiently in advance so that the Commissioner will receive at least ten (10) days notice of the hearing. (b) Decisions. The Planning Commission shall consider the request at its next regular meeting unless the filing date falls within fifteen (15) days of said meeting, in which case the request would be placed on the agenda and considered at the regular meeting following the next regular meeting. The Clerk-Administrator shall refer said application along with all related information to the City Planning Commission at least ten (10) days prior to the regular -meeting. The City Council shall then arrive at a decision on a conditional use within sixty (60) days after the first regular Planning Commission meeting at which the request was considered. In granting a conditional use permit the City Council may prescribe appropriated conditions and safeguards, in addition to those specified in Section 49. 07, Subdivision 4 (g) , which are in conformity with the purposes of this Chapter. Violationsof such conditions and safeguards, when made part of the terms under which the conditional use permit is granted, shall be deemed a violation of this Chapter punishable under Section 49. 09 . A copy of all decisions granting conditional use permits shall be forwarded by mail to the Commissioner of Natural Resources within ten (10) days of such action. 49 - 9 MVFPZ .ORD 3/38/92 (c) Procedures for Evaluating Proposed Conditional Uses within the General Flood Plain Districts: (1) Upon receipt of an application for a conditional use permit for a use within the F.Z .D. , the applicant shall be required to furnish such of the following information as is deemed necessary by the Planning Commission for the determination of the Regulatory Flood Protection Elevation. (a) Plan (surface view) showing elevations or contours of the ground; pertinent structure, fill, or storage elevations; size, location, and spatial arrangement of all proposed and existing structures on the site; location and elevations of streets; photographs showing existing land uses and vegetation upstream and downstream; and soil type. (2) One copy of the above information shall be transmitted to a designated engineer or other expert person or agency for technical assistance in determining the Regulatory Flood Protection Elevation. Procedures consistent with Minnesota Regulations NR 86-87 shall be followed in this expert evaluation. The designated engineer or expert shall calculate the water surface profile of the regional flood. (3) Based upon the technical evaluation of the designated engineer or expert, the Planning Commission shall determine the Regulatory Flood Protection Elevation at the site. (d) Procedures to be followed by the Planning Commission and City Council in passing on conditional use permit applications: (1) Require the applicant to furnish such of the following information and additional information as deemed necessary by the Planning Commission and City Council for determining the suitability of the particular site for the proposed use: (a) Plans in triplicate drawn to scale showing the nature, location, dimensions, and elevation of the lot, existing or proposed structures, fill, storage or materials, flood-proofing measures, and the relationship of the above to the location of the--streamchannel_. (b) Specifications for building construction and materials, flood-proofing, filling, dredging of materials, water supply and sanitary facilities. 49 - 10 MVFPZ .ORD 3/18/92 % (2) Transmit one copy of the information described in subsection (1) to a designated engineer or other expert person or agency for technical assistance, where necessary, in evaluating the proposed project in relation to flood heights and velocities, the seriousness of flood damage to the use, the adequacy of the plans for protection, and other technical matters. (3) Based upon the technical evaluation of the designated engineer or expert, the Planning Commission shall determine the specific flood hazard at the site and evaluate the suitability of the proposed use in relation to the flood hazard. (e) Factors Upon Which the Decision of the City Council Shall be Based. In passing upon conditional use applications, the City Council shall consider all relevant factors specified in other sections of this Chapter, and (1) The danger to life and property due to increased flood heights or velocities caused by encroachments. (2) The danger that materials may be swept onto other lands or downstream to the injury of others. (3) The proposed water supply and sanitation systems and the ability of these systems to prevent disease, contamination, and unsanitary conditions. (4) The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner. (5) The importance of the services provided by the proposed facility to the community. (6) The requirements of the facility for a waterfront location. (7) The availability of alternative locations not subject to flooding for the proposed use. (8) The compatibility of the proposed use with existing development and development anticipated in the foreseeable future. (9) The relationship of the proposed use to the comprehensive -plan- and -f--lood -p-l-ain management program for the area. (10) The safety of access to the property in times of flood for ordinary and emergency vehicles. 49 - 11 MVFPZ.ORD 3/18/92 (11) The expected heights, velocity, duration, rate of rise, and sediment transport of the flood waters expected at the site. (12) Such other factors which are relevant to the purposes of this chapter. (f) Time for Acting on Application. The City Council shall act on an application in the manner described above within the time limits given above, except where additional information is required pursuant to Section 49 . 07, Subdivision 4 (c and d) of this ordinance. The City Council shall render a written decision within fifteen (15) days from the receipt of such additional information beyond the time limits given above. (g) Conditions Attached to Conditional Use Permit. Upon consideration of the factors listed above and the purpose of this Chapter, the City Council may attach such conditions to the granting of conditional use permits as it deems necessary to fulfill the purposes of this Chapter. Such conditions may include, but are not limited to, the following: (1) Modification of waste disposal and water supply facilities. (2) Limitations on period of use, occupancy, and operation. (3) Imposition of operational controls, sureties, and deed restrictions. (4) Requirements of construction of channel modifications, dikes, levees, and other protective measures. (5) Flood-proofing measures, in accordance with the States Building Code. The applicant shall submit a plan or document certified by a registered professional engineer or architect that the flood- proofing measures are consistent with the Regulatory Flood Protection Elevation and associated flood factors for the particular area. 49. 08 . Nonconforming Uses. • Subdivision 1. A structure or the use of a structure or premises which was lawful before the passage or amendment of this C-ha--pter but which is--n- of -inconformity with—the provisions of the Chapter may be continued subject to the following conditions: (a) No such use shall be expanded, changed, enlarged, or altered in a way which increases its nonconformity. 49 - 12 MVFPZ.ORD 3/18/92 (b) No structural alteration or addition to any nonconforming structure over the life of the structure shall exceed fifty (50) percent of its assessed value at the time of its becoming a nonconforming use, unless the entire structure is permanently changed to a nonconforming use or unless the alteration or addition would substantially reduce potential flood damages for the entire structure. (c) Any alteration or addition to a nonconforming use which would result in substantially increasing the flood damage potential of that use shall be flood-proofed in accordance with the State Building Code. (d) If any nonconforming use is discontinued for twelve (12) consecutive months, any future use of the building premises shall conform to this Chapter. The assessor shall notify the Zoning Administrator in writing of instances of nonconforming uses which have been discontinued for a period of twelve (12) months. (e) If any nonconforming use is destroyed by any means, including floods, to an extent of fifty (50) percent or more of its assessed value, it shall not be reconstructed except in conformity with the provisions of this Chapter. (f) Uses or adjuncts thereof which are or become nuisances shall not be entitled to continue as nonconforming uses. (g) Nonconforming uses located in the F. Z .D. shall be eliminated or brought into conformity with the standards contained in this Chapter within a reasonable period of time as determined by the City Council, after a hearing for each such nonconforming use. The City Council shall make its determination upon the basis of the normal life of any improvement upon the premises. In additions, the monetary value of any competitive advantage derived by the operation of such nonconforming use, by reason of the limitation of establishment of competing businesses as a result of this Chapter, shall be considered as a reduction of losses resulting from the requirement of termination of the use under tfii Ch ter. (h) The Zoning Administrator shall prepare a list of those nonconforming uses which have been flood-proofed or otherwise adequately protected in conformity with Section 49 . 07, Subdivision 4 (g) of this ordinance. He/She shall present such list to the City Council which may issue a certificate to the owner stating that such uses as a result of these corrective measures, are in conformity with the provisions of this Chapter. 49.09 . Penalties for Violation. Violation of the provisions of this Chapter or failure to comply with any of its requirements (including violations of conditions and safeguards established in connection with grants of variances or conditional uses) shall constitute a misdemeanor. Any 49 - 13 MVFPZ.ORD 3/18/92 person who violates this Chapter or fails to comply with any o its requirements shall upon conviction thereof be fined no more than $500 or imprisoned for not more than ninety (90) days, or both, and in addition shall pay all costs and expenses involved in the case. Each day such violation continues shall be considered a separate offense. Nothing herein contained shall prevent the City Council from taking such other lawful action as is necessary to prevent or remedy any violation. 49 . 10. Amendments. The flood plain designation on the Flood Plain Zoning Map shall not be removed from flood plain areas unless it can be shown that the designation is in error or that the area has been filled to or above the elevation of the regional flood and is contiguous to lands outside the flood plain. Special exceptions to this rule may be permitted by the Commissioner of Natural Resources if he determines that, through other measures, lands are adequately protected for the intended use. All amendments to this Chapter including amendments to the Flood Plain Zoning Map must be submitted to and approved by the Commissioner of Natural Resources prior to adoption. Changes in the Flood Plain Zoning Map also require prior approval by the Federal Insurance Administration. 49 - 14 MVBUI LD.ORD 3/18/92 CHAPTER 59 BUILDING PERMITS AND FEES 59. 01. Building Permits. Before proceeding with the construction, enlargement, alteration, repair, moving, improvement, removal, conversion, or demolition of any building or structure, the owner or his agent shall first obtain a permit for such purpose from the Building Inspector. Upon the recommendation of the Clerk-Administrator, the Council shall designate all work for which permits shall be required under the provision of the Code. 59. 02. Permit Fees. (1) A permit fee, established from time to time by resolution of the Council, shall be paid to the Municipality prior to the issuance of any permit herein prescribed. The permit fee does not include the cost of any outside expenses the Municipality may incur related to the review, inspection, or enforcement of the permit such as those for soil test, planning, legal or engineering consultants. The owner or agent shall make payment for all such expenses when billed therefor by the Municipality. (2) Should any person, firm or corporation begin work of any kind such as hereinafter set forth or for which a permit from the Municipality is required by the Building Code without having first secured the necessary permit from the Municipality for so doing, he shall, when subsequently securing such permit. (3) Building valuation for the purpose of establishing building permit fees shall be as adopted by the City Council by resolution and may be amended from time to time. Valuation for alterations, repairs or extensions shall be determined by the building inspector based on his estimate of the materials cost and the labor cost to put the construction in place. 59. 03. Types of Work Requiring a Permit. Subdivision 1. Permit Not Required. A building permit and permit fee shall not be required for any work having a valuation less than $350. 00 except for the following which will require a permit regardless of the valuation of the work: (1) that any proposed work that will alter the structural framework or change the use or occupancy of any existing building shall rcquirc a permit rcgardlccc of valuation and (-2)- any proposed fence as set forth in Subdivision- 2, paragraph (8) belowi shall rcquirc a permit rcgardlccc of valuation. (3) land alteration impacting the surface drainage system of the City. 59 - 1 MVBUILD.ORD 3/18/92 Except for work described in Subdivision 3 below which shall require a separate permit, a separate permit shall not be required for any work that is included in the valuation declared for obtaining a permit under Subdivision 2, paragraph (1) below. Subdivision 2 . General Construction. The owner or his agent shall first obtain a permit from the building inspector before proceeding with any of the following work: (1) Construction, alteration or repair of buildings, structures, footings or foundations. (2) Excavating, grading or filling of any plot or area. (3) Construction of concrete or blacktop sidewalks, driveways or parking lots. (4) Installation of stucco. (5) Reshingling and recovering of any existing building or structure or part thereof. (6) Residing of any building or structure or part thereof. (7) Erection of any platforms or seating in any assembly or open air public assembly. (8) Erection of any fence regardless of the valuation of the work. The owner shall be responsible for assuring that the location of the fence is confined to the boundaries of his property. (252) (9) Wrecking or tearing down of any building or structure or part thereof. (10) Raising or shoring of any building or structure. (11) Moving buildings or structures from one location to another over the streets of the Municipality. (12) Moving buildings or structures larger in size than twelve (12) feet high, fourteen (14) feet wide, or twenty-five (25) feet long from one location to another over private property without moving over Municipal streets or alleys. (13) Construction, reconstruction, or repair of a permanent or temporary nature of any pipeline transporting any volatile material, including but not limited to crude or refined oil, diesel oil, fuel oil, gasoline or natural gas. A permit for the above defined work may be issued by the City Council only after a public hearing has been held after published notice has been placed in the official newspaper of the City two weeks prior to said hearing. 59 - 2 MVBUILD.ORD 3/18/92 Subdivision 3 . Electrical Work. The owner or his agent shall first obtain a permit from the electrical inspector before proceeding with any work involving installation, replacement, alteration or repair of electrical services including temporary services. For purposes of interpretation of this Chapter, the most recently published edition of the National Electrical Code shall be prima facie evidence of the definitions, interpretations, and scope of words and terms used in this Chapter. 59.04. Expiration of Permits. (1) All permits issued shall expire 120 days after the date of JRsuancp unless work set forth in the application is in actual progress. Any permit issued where work has been commenced but discontinued for 120 days shall be deemed to have lapsed. All fees paid under a lapsed permit shall be forfeited to the City. (2) The exterior of any building shall be completed prior to occupancy of that building. (3) Single- and two-family dwellings shall be completed within one year after the issuance of the building permit. Accessory buildings or alterations or additions to existing single- and two-family dwellings shall be completed within six months after the issuance of the building permit. The building inspector at the time of issuance of a permit for any other type of work shall establish a reasonable deadline for completion of such work. (4) Any person unable, because of hardship, to complete the work for which the permit was issued within the time allotted under 59. 04, paragraph (3) above shall make an application for extension to the City Building Inspector. The decision of the building inspector may be appealed to the City Council. 59. 05. Stop Work Orders. Whenever any building work is being done contrary to the provisions of the Building Code, the building inspector may order the work stopped by notice in writing served on a-n-y-persons-eng-aged in-doing-o-r—causing-such work-to be-done,--and any such persons shall forthwith stop such work until authorized by the building inspector to proceed with the work. 59. 06. Penalty. Any person violating the provisions of this Chapter shall be guilty of a misdemeanor. 59. 07. Development Controls. Subdivision 1. Purpose. It is the intent and purpose of this sectiontoprovide for orderly development of land to safeguard life, health, safety, property and public welfare by regulating and controlling all development within the City of Mounds View. This section shall be in addition to the requirements of any other provisions of the Municipal Code regulating such development. 59 - 3 MVBUI LD.ORD 3/18/92 Subdivision 2 . Application of Development Controls. All proposed industrial, commercial, and residential developments and expansions of existing facilities, except developments where public utilities and streets have previously been installed and the erection of no more than two detached single-family dwellings are planned, must be reviewed by the City Planning Commission and approved by the City Council, as conforming to this section. The term development as used herein shall mean all construction, public and private improvement, expansion or alteration of facilities and land within the City of Mounds View. Subdivision 3 . Development Plan. (1) The owner or developer shall submit for review a development plan which sets forth plans for utility service, surface water drainage consistent with the Local Water Management Plan dated February 12, 1990 subject to subsequent revisions, erosion and sediment control consistent with the Ramsey County_ Erosion and Sediment Control Handbook (1989) prepared by the Ramsey County Soil and Water Conservation District and subsequent revisions thereto, streets, parking, landscaping, screening and buffering, lighting, setbacks, exterior construction design and materials, trash disposal, construction timetable, and such other matters as the Council may require. (2) The owner or developer shall submit with the development plan an abstract of title, registered property report, or such supporting affidavits or documents that establish ownership or any other parties of interest in the property involved. Subdivision 4. Development Contract. (1) A development contract which sets forth all of the terms, conditions, requirements, agreements, guarantees and plans for the orderly development of said land shall be entered into between the developer and the municipality prior to the final approval of any subdivision, rezoning, special use permits, license, or any building permits required for the construction, alteration, expansion, or improvement of said land. (2) Before execution of the development contract, the owner of developer shall submit certification from Ramsey County Department of Taxation that all taxes and special assessments due on the property have been paid in full. (3) Said development contract shall include provisions for supervision of details of construction by the City and grant to the City authority to inspect all work performed pursuant to said contract to assure satisfactory performance and completion of the 59 - 4 L. ' REQUEST FOR COUNCIL CONSIDERATION Agenda Section: 10 . OMB Report Number: 9 2—217WS STAFF REPORT BigAGENDA SESSION DATE April 6, 1992 Report Date: -2-9 DISPOSITION Item Description: Citizen Concerns Regarding Hooking Up to City Water Administrator's Review/Recommendation: - No comments to supplement this report - Comments attached. Explanation/Summary (attach supplement sheets as necessary.) UMMARY; Some of the residents not currently hooked up to municipal water have contacted me regarding their individual situations. Their concerns about being required to hook-up fall into 3 categories. First, a few residents feel they simply can not afford to hook up to municipal water at this time. They were wondering if they could possibly sign an agreement to have their water tested on a regular basis and agree to have the water hooked up if they sell their property in the future. The second group feels that they should not have to hook up because their water has been tested safe and they do not want to drink "all the chemicals in city water" . These individuals feel that no one should be required to hook up to city water. The last group of residents do not have direct access to a water main. There are 7 locations where a water main is not directly adjacent to the property. One of these does have access to a Fridley water main and his neighbors currently are hooked up to the Fridley main. Two of the residents can hook-up with a longer than normal service. This would also need to be oversized and therefore becomes significantly more costly than a normal service. There are 4 properties that should have a main extended to properly serve them. This would probably more t-han deub, the-eost and if a-saessed-to-t-he property, would-be-subject to the assessment procedure of the Charter. The individuals could petition to not allow the assessment. Again, the property owners feel they should not be required to hook-up. The final question that I have been asked is "What will the City do if I refuse to hook-up?" . The Council should consider what enforcement action staff should take. The options include fines under an adminis- trative offense, building condemnation for not meeting code require- ments, or that some other action could occur. Staff is requesting Council direction in this matter. Ric 'netor City Engineer/Director of Public Works RECOMMENDATION; REQUEST FOR COUNCIL CONSIDERATION Agenda Section: 11. STAFF REPORT Report Number: 92-218WS GUMS til � ''? 4-1-92 AGENDA SESSION DATE April 6, 1992 Report Date: DISPOSITION Item Description: Long Lake Road Water Quality Pond Administrator's Review/Recommendation: - No comments to supplement this report - Comments attached. Explanation/Summary (attach supplement sheets as necessary.) 4UMMARY; This project includes a water quality pond in the southwest corner of County Road H-2 and Long Lake Road. Staff is discussing the acquisition of an easement for this pond with the land owner, Keith Harstad. At this time staff is researching the documents covering the platting and zoning of the land in question. The City's files on this area are missing and presumed in the hands of the Attorney who represented the City at the time of the plat, the middle 70's. Apparently, there was a law suit involving neighboring homeowners and the City. We do not have a copy of the settlement or other documents involved in the suit. The City Attorney (Mark Karney) and former City Attorney (Dick Meyers) are attempting to locate the necessary information. Staff hopes to have further information to discuss at the April 6 meeting. Staff has reviewed the necessity of the pond with our consultant and the County. If the pond is not constructed as a part of this project, there will be no detrimental impacts to properties along the project area. However, the County would participate in the cost of construction if the pond is built as part of this pro- ject. Staff will have additional information at the April 6 meeting. Ri Minetor City Engineer/Director of Public Works RECOMMENDATION; REQUEST FOR COUNCIL. CONSIDERATION Agenda Section: 12. 111 CUEOS 92-219WS STAFF REPORT Report Number: ���� 4-1-92 AGENDA SESSION DATE Report Date: April 6, 1992 DISPOSITION Item Description: Implications of Budget Reductions in Parks Maintenance Administrator's Review/Recommendation: - No comments to supplement this report - Comments attached. Explanation/Summary (attach supplement sheets as necessary.) 5Ulvtiiy the budget process for 1992, the Parks Maintenance budget was reduced by 2 seasonal workers. The purpose of this report is to discuss the impacts those reductions will have on the spring and summer maintenance program in the parks. This is primarily intended only for Council Members information in dealing with residents if questions occur regarding why maintenance practices have changed. Staff will have specific comments regarding areas of cuts at the April 6 meeting. n42 ---- cRineto City Engineer/Director of Public Works RECOMMENDATION; REQUEST FOR COUNCIL CONSIDERATION Agenda Section: 13 . OMPR 92-220WS STAFF REPORT Report Number: nif ° Report Date: 4-2-92 AGENDA SESSION DATE April 6, 1992 DISPOSITION Item Description: City Wide Parking Restrictions Administrator's Review/Recommendation: ��g - No comments to supplement this report �°' - Comments attached. Explanation/Summary (attach supplement sheets as necessary.) ,SUMMARY; Staff has previously discussed the possibility and benefits of implementing a City Wide parking prohibition between the hours of 2:00 a.m. and 6:00 a.m. Public Works primarily sees a benefit in snow plowing operations and the Police Department sees a promary benefit in patrolling operations. During the Halloween storm, a number of vehicles were parked on the street and created problems for snow pllowing. Even though this storm began early in the day; if a 2 to 6 parking restric- tion were in effect, staff believes a significant number of the vehicles would not have been parked in the street. Part of the restriction is to get people in the habit of parking off-street. Staff would like to discuss this in more detail at the April 6 work session. Ric M$n^etor City Engineer/Director of Public Works RECOMMENDATION: REQUEST FOR COUNCIL CONSIDERATION Agenda Section: 14. MMOR STAFF REPORT Report Number: 9 2—2 2 1 WS r orf4/01/92 AGENDA SESSION DATE APRIL 6 , 1992 Report Date: DISPOSITION Item Description: CODE RECODIFICATION Administrator's Review/Recommendation: - No comments to supplement this report - Comments attached. Explanation/Summary (attach supplement sheets as necessary.) SUMMARY; I have requested and received written quotes from four separate vendors for the service of recodifying Mounds View's City Code. All of the vendor's services will provide at least: • LEGAL AND EDITORIAL SERVICES - Review and analyze the legislation of the City and draft a table of contents; prepare a report that sets out any conflicting provisions, obsolete provisions and vague and overbroad wording and phraseology of the existing code; comparisons with current State and Federal law; and suggestions of new materials that may not be covered by present legislation and all areas of the ordinances that could pose a possible problem to the City. • THE DRAFT WILL CONTAIN - A table of contents detailing the major divisions of the code; divider pages listing the parts of each division; prechapter analysis, listing all sections contained in the chapter; context of the legislation with historical notations as to the source of the legislation and with any cross references and statute footnotes; any comparative tables, legislative disposition and State law reference tables as needed; and a presentation of the draft to the Council for final approval and changes made as directed by the City. • COMPLETION OF THE CODE - Preparation of the code after the City has had the opportunity to review the preliminary draft and make all changes as directed by the City. A comprehensive index with easy-to-read language key words. Sterling and American Legal will provide 25-30 copies of the final code on high quality paper in looseleaf binders. Also included will be information necessary to adopt or establish the code as a legal document. l Timothy Cruikshank, Management Assistant RECOMMENDATION` Based on the above quotations and speaking to all of the vendors, I would highly recommend Sterling. They are the most cost effective, offer similar services than the more expensive vendors and have checked out with other cities in the area that have used their services. APRIL 6, 1992 PAGE TWO The code would be published on an 8.5 x 11, single column page format (see attached sample from Sterling Codifiers) . In addition, the City can: 1) choose the type of numbering system that best fits our needs (for example state statute format) , 2) request a copy of the code on computer disc and 3) request redlining or stricken language. Following is a breakdown of each vendor and their price and lead time for first draft after receipt of our code. • $7950 - STERLING CODIFIERS from Weiser, ID - lead time of 4 months for first draft. • $8590 - LEAGUE OF MINNESOTA CITIES (CLEAR - City Lawyer Exchange Aid and Repository) - lead time of 1 year for a first draft. NOTE: In order for our City to participate in the CLEAR program our City Attorney needs to be a member of CLEAR, which he is not. The cost for this is $175. • $10650 - AMERICAN LEGAL PUBLISHING from Cincinnati, OH - lead time of 6 months for a first draft. • $14350 - HARTLEY ASSOCIATES from Ramsey, MN - lead time of 6 months for a first draft. a/c oqFfEY-2_\3 • TITLE 9 LAND USE AND DEVELOPMENT Subject Chapter Amendments 4 Subdivisions 2 Variances 3 Zoning 1 9-1-1 9-1-1 CHAPTER 1 ZONING' SECTION: 9-1- 1: Zoning Act Named; Zoning Map Adopted 9-1- 2: Definitions 9-1- 3: Naming Zoning Districts 9-1- 4: Boundaries Established on Zoning Map 9-1- 5: General Provisions 9-1- 6: Residence "AA" Zone 9-1- 7: Residence "A" Zone 9-1- 8: Residence "B" Zone 9-1- 9: Residence "C" Zone 9-1-10: Commercial "D" Zone 9-1-11: Industrial "E" Zone 9-1-12: Hospital "H" Zone 9-1-13: Trailer "T" Zone 9-1-14: Trailer Parks 9-1-15: Public "P" Zone 9-1-16: Parking Overlay "PO" Zone 9-1-17: Off-Street Parking and Loading Regulations 9-1-18: Accessory Buildings 9-1-19: Nonconforming Uses 9-1-20: Enforcing Officer 9-1-21: Certificate of Occupancy 9-1-22: Conditional Uses 9-1-23: Zoning Act Not in Conflict with Other Acts 9-1-24: Fences 9-1-1: ZONING ACT NAMED; ZONING MAP ADOPTED: A. This Chapter shall be known as the City Zoning Act. B. This Chapter includes, in addition to the text hereof, that certain Map identified by the approving signatures of the governing body, marked and designated as City of Mountain Home, Official Zoning Map, as is now or heisafter—ado-ptsd arid—cha-raged—from-ttme-to—time key ordtna-nce-of the governing body, and filed in the office of the City Clerk. (Ord. 715, 11-9-70; 1990 Code) • 1. See also Chapters 3 and 4 of this Title for Variances and Amendments. 9-1-2 9-1-2 BILLBOARD Any structure or portion thereof upon which are • placed signs or advertising used to display official court or public notices, or a sign advertising the sale of or lease of the premises on which the sign is located. BOARDING or LODGING A building other than a hotel, motel or restaurant HOUSE where meals and/or lodging are provided for compensation to three (3) or more persons, but not more than twelve (12) persons, not transients, and who are not members of the householder's family. BUILDING Any structure having a roof supported by columns or walls and designed or intended for the shelter, support, enclosure or protection of persons, animals or chattels. BUILDING AREA The space remaining on a zoning plat after the minimum open space requirements of this Chapter have been complied with. BUILDING HEIGHT The vertical distances measured from the sidewalk level or its equivalent established grade opposite the middle of the front of the building to the highest point of the roof in the case of a flat roof; to the deck line of a mansard roof; and to mean height level between eaves and ridge of a gable, hip or gambrel roof; provided, that where buildings are set "`''�' back from the street line, the height of the building may be measured from the average elevation of the building finished lot grade at the front of the building. BUILDING LINE A line established by law or agreement usually parallel to property line, beyond which a structure may not extend. This generally does not apply to uncovered entrance platforms, terraces and steps. CARPORT A covered shelter which is open to the weather on at least two-(2-)-sides,, intended-for-the-use-of-shelter-ing not more than two (2) motor vehicles. CONDITIONAL USE A use or occupancy of a structure, land, permitted only upon issuance of a conditional use permit and subject to the limitations and conditions specified therein. A conditional use permit for use in any district which is listed in the district regulations as a conditional use for the class of such district and shall be authorized only in accordance with the regulations of such section. 9-1-2 9-1-2 HOTEL A building designed for occupancy as the more or less temporary abiding place of individuals who are lodged with or without meals, in which there are six (6) or more guest rooms, and in which no provisions are made for cooking in any individual room or suite. INSTITUTION A building occupied by a nonprofit corporation or a nonprofit establishment for public or semi-public use. KENNEL Any lot or premises on which four (4) or more dogs, at least four (4) months of age, are kept. LABORATORY A place devoted to experimental study such as test- ing and analyzing. Manufacturing of a product or : ..0 I . ._ :. • . LIVING UNIT A dwelling or portion thereof, providing complete living facilities for one family, including permanent provisions for living, sleeping, eating, cooking and sanitation. LOADING SPACE An off-street space or area on the same lot with a building or contiguous to a group of buildings for the temporary parking of a commercial vehicle while loading or unloading merchandise or materials and which abuts upon a street, alley or other appropriate means of access. *10 . LODGING HOUSE A building with not more than five (5) guest rooms where lodging is provided for compensation pursuant to previous arrangements, but not open to the public or transients. LOT A parcel or plat of land occupied or suitable for occupancy by one main building use, with accessory buildings, including the open space required by this Chapter, and having its principal frontage upon a public street or highway. LOT, CORNER A lot abutting upon two (2) or more streets at their intersection or upon two (2) parts of the same street, such forming on interior angle of less than one hundred thirty-five degrees (135°). The point of intersection of the street lines is the "corner". LOT DEPTH The horizontal distance between the front and rear lot lines. LOT FRONT-AGE The front—of a lot- shall be that boundary--of-a lot along a public street and for a corner lot the front shall be the shorter lot boundary along the street. 9-1-2 9-1-2 PORCH . A roofed entrance to a building, projection from a r wall or walls of the main structure and commonly open to the weather. SIGNS (OUTDOOR A sign of any type or material, installed any place for ADVERTISING) outdoor advertising purposes. STORY That portion of a building included between the surface of any floor and the surface of the floor next above it, or if there be no floor above it, then the space between such floor and the ceiling next above. STRUCTURAL ALTER- Any change which would prolong the life of the ATIONS supporting members of a building or structure, such as bearing walls, columns, beams or girders. STRUCTURE - Anything constructed or erected, either on the ground or on something having location on the ground. TERRACE, OPEN A level and rather narrow plain or platform which for purposes of this Chapter is located adjacent to one or more faces of the main structure and which is constructed not more than four feet (4') in height above the level of the adjoining ground. TOURIST HOME A dwelling in which overnight accommodations are provided or offered for transient guests. TRAILER CAMPER A vehicle without motive power less than twenty-six feet (26') in overall length and only occasionally used for human habitation and only so used when away from the owner's premises. TRAILER PARK, Any premises occupied or designed to accommodate AUTOMOBILE more than one automobile house trailer. TRANSPORTABLE DWELL- These structures are built at a location other than a ING-S-T-RU-CTURE_OTHER permanent-home-sate-and-are-known-by a variety-af THAN MOBILE HOMES names such as: modular homes, factory built dwellings, prefabricated houses, relocatables, factory crafted homes, and similar names. These structures are built at one site for the specific purpose of being moved to a permanent home-site. This type of dwelling normally remains at one permanent home- site, unless moved by special moving equipment to another permanent home-site. This type of dwelling must be built to meet the requirements of the City Building-Code, and aregular fooling and foundation must be prepared before the structure can be moved into the City. These structures may consist of one or 1. See Title 5 of this City Code. 9-1-4 9-1-5 9-1-4: BOUNDARIES ESTABLISHED ON ZONING MAP: The boundaries of the zones as designated by this Chapter shall be established and clearly marked upon a Zoning Map' adopted by ordinance and kept on file in the office of the City Clerk; and shall be held by the governing body before establishment and approval of said zones. (Ord. 715, 11-9-70) 9-1-5: GENERAL PROVISIONS: A. All streets, alleys and railroad rights of way, if not otherwise specifically designated, shall be deemed to be in the same zone as the property immediately abutting upon such alleys, streets or railroad rights of way. Where the center line of a street or alley serves as a district boundary, the zoning of such street or alley to the center line unless otherwise specifically designated, shall be deemed to be the same as that of the abutting property. B. No building or structure shall be erected, converted, enlarged, recon- structed or structurally altered, nor shall any building or land be used for any purpose other than is permitted in the district in which the building or land is located. C. No structure may be erected to exceed by more than twenty-five feet (25') the height limits of the zone in which it is located. Aerials or antennas designed to aid home television reception may be erected to a height not exceeding sixty feet (60') from the ground level; provided, said aerial or antenna is erected on a building in the rear yard areas. D. No building or structure other than a building for conditional use shall be erected, converted, enlarged, reconstructed or structurally altered except in conformity with the area regulations of the zone in which the building is located. E. No space which for the purpose of a building or dwelling group has been counted or calculated as part of a side yard, rear yard, court or other open space required by this Chapter, may, by reason of change in ownership or otherwise, be counted or calculated to satisfy or comply with a yard, court, or open space requirement of or for any other building. F. An open space for terrace, but not including a roofed-over porch or terrace, may occupy a front yard; provided, the unoccupied portion of the front yard has a depth of not less than fifteen feet (15'). A one-story bay window may project into a front yard not more than three feet (3'). Overhanging eaves, including gutters, may project over the minimum required side yard not more than eighteen inches (18"). G. Every building hereafter erected or structurally altered to provide dwelling units shall be located on a lot as herein defined, and in no case shall there—be-morethanone such building on—one-lot unless otherwise-provided in this Chapter. 1. See Section 9-1-1 of this Chapter. 9-1-6 9-1-6 9-1-6: RESIDENCE "AA" ZONE: The following regulations shall apply: A. Use Regulations: Permitted uses are: 1. One-family dwellings. 2. Truck gardening and other horticultural uses, where no building is involved and not operated for profit. 3. Conditional uses if approved as herein provided. 4. Accessory buildings, provided they are located as herein required in Section 9-1-18. 5. Temporary buildings and uses for construction purposes for a period not exceeding one year. 6. One sign on each lot not exceeding twelve (12) square feet in area which pertains to the lease or sale of the building or premises on which the sign is posted. 7. Automobile parking space provided as herein required.' B. Building Height: No building or structure shall be hereafter erected, maintained or enlarged to exceed two and one-half (21/2) stories, nor thirty- five feet (35') in height. C. Building Area: 1. Front Yard: Each lot upon which a dwelling is constructed shall have a front yard of not less than twenty-five feet (25') in depth. Where lots comprising forty percent (40%) or more of the real frontage between two (2) intersecting streets are developed with buildings having front yards with a variation of not more than twenty feet (20') in depth, the average of such front yards shall establish the minimum front yard depth for the entire frontage. In no case shall a front yard of more than fifty feet (50') be required. (Ord. 715, 11-9-70) 2. Side Yard: On interior lots, there shall be a side yard on each side of a main building of not less than ten feet (10') and a combined total of side yards of not less than twenty-five feet (25'). On corner lots, the side yard requirements shall be the same as for interior lots, except that there shall be maintained a side yard of not less than twelve feet (12') on the side adjacent to the street which intersects the street upon which the building or structure maintains frontage. On a reversed corner lot, there shall be maintained a setback from the side-street-of not-less than-fifty-percent-(50%o)-of-the-front-yard-required on the lots in the rear of such corner lots, but such setback need not exceed 1. See Section 9-1-17 of this Chapter. 9-1-7 9-1-7 A) 1. Dwellings of not more than four (4) units. 2. Truck gardening and other horticultural uses, where no building is involved. 3. Churches. 4. Golf courses, except driving tees, ranges, miniature courses and similar uses operated for commercial purposes. 5. Conditional uses, subject to the provisions of Section 9-1-22. 6. Uses customarily incident to any of the above uses, including permitted home occupation, as are provided herein. 7. Accessory buildings, provided they shall be located as required in Section 9-1-18. 8. Temporary buildings and uses for some construction purposes for a period not to exceed one year. 9. One sign on each lot not exceeding twelve (12) square feet in area, pertaining to the lease or sale of the building or premises on which the sign is located. 10. Automobile parking space to be provided as required in Section 9-1-17. B. Building Height: No building or structure shall be hereafter erected, main- tained or enlarged to exceed two and one-half (21/2) stories, nor thirty-five feet (35') in height. C. Areas: No building or structure shall be erected, maintained or enlarged unless the following described yards and lot areas are provided and in connection with such building, structure or enlargement: 1. Front and Rear Yard: The minimum distance from the front or rear building line to the property line, at any point, shall not be less than fifteen feet (15'); except the distance from a detached garage or carport to the rear property line shall be at least five feet (5').1 2. Side Yard: The minimum distance from the side building line to the property line, at any point, shall not be less than five feet (5') for detached dwellings on one side and not less than twelve feet (12') on the remaining side of any interior lot. On corner lots, the side yard requirements shall be the same as for interior lots, except that there shall be a side yard of not less than twelve feet (12') on the side adjacent to the street which inter- sects the street upon which building or structure maintains frontage. 1. See Section 9-1-18 of this Chapter. 9-1-8 9-1-9 C) 1. Front Yard: Fifteen feet (15'). (Ord. 715, 11-9-70) 2. Side Yard: Setback requirements shall be the same as for Residence "A" Zone. 3. Lot Coverage: The maximum area of a plot which may be used for building area is forty-five percent (45%) for a one-family dwelling and forty percent (40%) for two (2) or more family dwelling units. Such building area includes the total ground area of each building and accessory building, but not including the area of uncovered entrance platforms, or terraces and steps. (Ord. 781, 3-10-75) 4. Accessory Buildings: The same regulations apply as in the Residence "A" Zone. D. Dwelling Standards: Each family living unit erected, converted or recon- structed in any Residence "B" Zone shall have a total usable floor area of not less than six hundred feet (600') measured from the outside of the exterior walls, including utility rooms, but excluding cellars, basements, open porches, and garages and other space that are not used frequently or during extended periods of living, for sleeping or eating purposes, except that rooms intended for such purposes which are "roughed in" and are to be completed within a reasonable time may be considered in computing such ground floor areas. Every dwelling of more than one story erected in any Residence "B" Zone shall have a total floor area, measured from the outside of the exterior Y=;t: wall, of not less than nine hundred seventy-five feet (975') including utility rooms, but excluding cellars, basements, open porches, garages and other spaces that are not frequently or during extended periods used for living, eating or sleeping purposes, except that rooms intended for such purposes which are "roughed in" and are to be completed within a reasonable time may be considered in computing such ground floor areas. (Ord. 715, 11-9-70) 9-1-9: RESIDENCE "C" ZONE: The following regulations shall apply: A. Use Regulations: Permitted uses are: 1. Any use permitted in Residence "AA", "A" and "B" Zones. 2. Row dwellings. 3. Multiple dwellings and apartments. 4. Boarding or lodging houses. • 5.-Nursing_©r--rest-homes. 6. Clubs, lodges or fraternal organizations when not operated for profit. 9-1-10 9-1-10 A) 8. Dry cleaners employing facilities for not more than one thousand (1,000) pounds for dry goods per day and using nonflammable cleaning agents. 9. Drugstores. 10. Electrical appliance and repair shops. 11. Frozen food lockers. 12. Florist shops and greenhouses for retail trade only. 13. Grocery, fruit or vegetable stores. 14. Hardware stores. 15. Hotels. 16. Launderettes and laundromats. 17. Meat market or poultry stores, if no slaughter or stripping is involved. 18. Motels. 19. Offices. 20. Pet shops or animal hospitals when conducted wholly within enclosed buildings. VOW 21. Photographer or artist studios. 22. Radio and television sales and service. 23. Restaurants. 24. Retail stores and service, but expressly excluding those used and listed in Industrial "E" Zone. 25. Shoe repair shops. 26. Signs, outdoor advertising. 27. Tailor and dressmaking shops. 28. Telephone exchange building. 29. Temporary buildings incidental only to construction of a permitted use. 30. Undertaking establishments. 9-1-1 0 9-1-10 A) 52. Recreation places. 53. Taverns or retail sale of alcoholic liquors, subject to the regulations of other provisions of this Code.' 54. Taxi service. 55. Telegraph service stations. 56. Theaters, indoor (not including outdoor theaters). 57. Trailer sales when conducted within buildings. 58. Wholesale establishments, excluding a building the principal use of which Is for storage warehousing. 59. Automobile sales lot. 60. Building equipment, building materials, lumber, coal, sand, and gravel yards and yards for contracting equipment, maintenance or operating equipment of public agencies or public utilities, or materials or equipment of similar nature. 61. Multiple family dwelling units that meet or exceed the requirements for such dwellings located in Residence "C" Zone. 62. Auto wrecking or junk yards. 144,140/ B. Height: No building or structure shall be erected or structurally altered to exceed a height of three (3) stories, nor shall it exceed forty-five feet (45') in height. C. Areas: No front or side yards shall be required except that when a building or group of buildings abut upon a residential district, a yard shall be provided on the side of the lot abutting the residential district; such yard having a width of not less than ten feet (10'). There shall be a rear yard with a depth of not less than eight feet (8') when abutting a public thoroughfare and not less than sixteen feet (16') when no dedicated alley or public way exists at the rear of the lot. The rear yard may be used for off-street parking and loading as provided in Section 9-1-16 of this Chapter. D. Security Fences: A security fence with barbed wire above the height of six feet (6') may be placed in Commercial "D" Zone when such fences are necessary for the protection of the property and approved by the City Building Inspector. E. Screening of Auto Wrecking Yards: The operator of any auto wrecking yard shall provide a walt_or-fence of six--feet (61 in height-and--constructed-so as to adequately screen the materials stored on the property from the view of motorists and pedestrians travelling adjacent public rights of way. Notwithstanding the other provisions of this Chapter, the owner or operator 1. See Title 4, Chapter 2 of this City Code. 9-1-11 9-1-11 A) 19. Laboratories for scientific experiments. 20. Machine shops where not equipped with heavy punch presses, drop forges, screw machines, riveting machines or any other equipment which creates vibrations or noise sufficient to disturb occupants of adjoining property. 21. Printing, binding and publishing of periodicals, books and reading matter. 22. Printing of tags, forms, calendars and other products for commercial use. 23. Public utility stations and distribution centers, gas regulation centers, and underground gas holder stations. 24. Storage of household goods. 25. Storage of automobiles and sale of trailers, farm implements and other similar equipment on an open lot. 26. Storage warehouses. 27. Storage of flammable liquids, fats or oil in tanks, each of fifty thousand (50,000) gallons' or less capacity, but only after the location and protective measures have been approved by local governing officials. (Itor 28. Stone, marble and granite grinding and cutting. 29. Tool and die shops. 30. Truck or bus storage yards, but not including truck terminals. 31. Upholstering. 32. The manufacture, compounding, assembly or treatment of article of merchandise from the following list of previously prepared materials: bone, cellophane, canvas, cloth, cork, feathers, felt, fiber, fur, glass, hair, horn, tanned leather, paper, plastic, precious or semi-precious metals or stones, shell, textile, wood (excluding planer mills) and yards. 33. The manufacture of pottery and figurines or any other similar ceramic products using only previously pulverized clay and kilns fired on by electricity or gas. 34. Any manufacturing establishment that can be operated without creating objectionable noise, odor, dust, smoke, gas, fumes or vapor that has a use compatible with the use and occupancy of adjoining properties. B. Height: No building or structure shall be erected or structurally altered to exceed a height of three (3) stories nor shall it exceed forty-five feet (45') in height except as provided in Section 9-1-5 of this Chapter. 9-1-14 9-1-14 A) SERVICE A building housing communal toilet, laundry and BUILDING other sanitary facilities necessary for the health and convenience of trailer house occupants. TRAILER PARK A lot or ground upon which two (2) or more occupied trailer houses are located. B. Site Selection: 1. A trailer park cannot be: a. Close to swamps or other potential breeding places for insects or rodents; b. Subject to flooding, fire or safety hazards; or c. Exposed to noise, smoke, fumes, odors or other chronic nuisances. 2. The park site shall be bounded on at least one side by a public street or highway and must be readily accessible to water, sewer, and electrical utilities. Topography must be favorable to good site drainage, minimum grading and proper trailer placement and maintenance. The park must be large enough to accommodate the number of desired trailer houses as well as the required roads and parking areas for motor vehicles, required service areas, buildings and playgrounds, and on-site utilities where public utilities are not available. C. Site Improvements: These must be arranged to insure: 1. Convenient pedestrian and vehicular access to each trailer space and to parking areas and accessory buildings; 2. An adequate supply of potable water; 3. City sewer hookup, where available, and an approved method of sewage disposal where City sewer is not available; 4. Electrical service for lighting and power; and 5. Diversion and drainage of water away from buildings, trailer spaces, service and recreational areas; and disposal of such water from the site to reasonably avoid erosion. D. Site Plan: A plan of the proposed trailer park shall be presented to, and approved by, the City Council prior to construction. The plan shall be drawn to scale and show details of the location and layout of trailer spaces, roads, walks, service buildings, service areas, parking spaces, recreational areasutilities, and -all-other--improvements as well-as details of--sitegrading and other physical characteristics. With regard to trailer spaces, the plan must show which are designated for dependent trailer houses and which for independent trailer houses. 9-1-14 9-1-14 G4) For each ten (10) dependent trailer houses in excess of the first ten (10) dependent trailers, one additional water closet and one additional lavatory for each sex must be provided. For men, urinals may be substituted for one-third (1/3) of the water closets. For every twenty (20) dependent trailer houses, in excess of the first twenty (20) dependent trailers, an additional water shower or bathtub for each sex must be provided. 5. Each water closet and bathtub and women's shower shall be located in separate compartments with self-closing doors, but gang-type shower com- partments may be provided for men. Individual shower stalls must be at least three feet by three feet (3' x 3'). Women's showers must have a dressing compartment with stool or bench. H. Laundry units shall be in a separate room from the toilet facilities with only an exterior entrance. Plumbing installations shall conform to the Plumbing Code' and electrical installations shall conform to the Electrical Code.' Facilities to maintain a temperature of seventy degrees (70°) Fahrenheit in cold weather in service buildings will be provided, as well as facilities to provide a continuous supply of at least five (5) gallons of hot water per trailer house space, together with adequate hot water for clothes washing equipment. Either mechanical laundry equipment or laundry drying yards shall be provided. Mechanical drying equipment must be located in service build- ings. Laundry drying yards must be located close to service buildings and have an area of at least fifty (50) square feet per trailer house space. % Other facilities: 1. Flytight and rodentproof refuse containers shall be provided so as to insure at least six (6) gallons per day of refuse storage capacity for each trailer house space. Such containers must be within two hundred feet (200') of trailer house spaces served by them. 2. A recreational area, located so as to be free of traffic hazards shall be provided and shall be large enough to insure at least one hundred (100) square feet of area for each trailer house space. J. Construction Requirements: Roads and parking areas shall be constructed of concrete, macadam, gravel, crushed stone, sand-clay, slag or other similar and approved material, with a light bituminous surface treatment, oil coating or other dust preventive material. Walks shall be so constructed of concrete, macadam, gravel, fine stone cinder or other similar and approved material which will provide a stable footing. Stepping stones may be used from principal walks to individual trailers. Recreation areas and laundry drying yards shall be surfaced with natural ground cover, sand-clay or othersimilarmaterial, 1. See Title 5, Chapter 2 of this City Code. 2. See Title 5, Chapter 3 of this City Code. 9-1-16 9-1-16 A) Many or most of the businesses in the downtown commercial core area of the City do not meet current off-street parking requirements. In order to preserve and protect downtown core businesses that may be destroyed by fire or other casualties, it is the purpose of this Section to allow the rebuilding of a downtown core business that has been destroyed, without having to comply with the current off-street parking ordinance. For that purpose the Parking Overlay is created. B. Application of Section 9-1-17 and Conflicts with Zoning Regulations: Section 9-1-17 of this City Code pertaining to off-street parking and loading shall apply to all zoning districts within the City except as hereinafter provided. If any of the regulations in this Section conflict with the regulations or requirements of Commercial "D" Zone, then the regulations or requirements of Commercial "D" Zone shall control. C. Parking Overlay "PO" Zone: 1. The following described real property located in the City of Mountain Home, County of Elmore, State of Idaho, is hereby declared to be a part of Parking Overlay "PO" Zone and the uses permitted and regulations per- taining to said property shall be the same as prescribed by ordinance for Parking Overlay "PO" Zone: Blocks One, Two, Three, Four, Five, Six, Seven, Eight, A and B; and the West one-half of Blocks Nine, Ten, Eleven, Twelve and C of the Mountain Home Original Townsite as the same appear on the Ver' i;; official plat thereof on file and of record in the office ` of the County Recorder of Elmore County, Idaho. 2. Off-street parking and loading areas now existing in the Parking Overlay "PO" Zone shall not be reduced or eliminated due to the expansion, en- largement or reconstruction of an existing building in the Parking Overlay "PO" Zone, except when such reduction complies with the current off- street Chapter, Section 9-1-17 of this City Code. 3. Commercial buildings now existing in the Parking Overlay "PO" Zone that do not comply with the current City off-street parking regulations (Section 9-1-17) that are destroyed by fire or other casualties, condemnation or are intentionally demolished, when rebuilt, must have the same number of off-street parking and loading spaces that existed prior to the destruction of the building. Buildings that are rebuilt after being destroyed shall conform to all of the requirements of Section 9-1-17 of this City Code, except the number of required parking and loading spaces and landscaping. 4. Any new building or other use on a parcel of land in the Parking Overlay "PO" Zone that was not previously developed for commercial use shall-conform n--9=1-1-7 of-this-City--Code. 5. The use of commercial buildings or land within the Parking Overlay "PO" Zone may be changed from one use to another without having to comply with Section 9-1-17 of this City Code. (Ord. 1122, 2-12-90) 9-1-17 9-1-17 H. In any zone, except as noted below, every dwelling or building erected, or structurally altered, enlarged or increased in capacity and every other land use shall have a minimum off-street parking as provided herein. The mini- mum number of paved, off-street parking spaces required shall be as set forth in the following: (For the purpose of this Section, floor area shall mean the sum of the area of each building story, including basements. To calculate the area of each building story, the measurement shall be taken from the outside wall excluding architectural features. In multiple use buildings, floor area shall be calculated on the total area used for each occupancy. Floor and display area shall mean the floor area plus any area outside the building used to display merchandise.) 1. One- and Two-Family Dwellings, Mobile Homes and Multiple-Family Dwellings: Two (2) parking spaces for each dwelling unit. 2. Motels and Tourist Courts: One parking space for each guest sleeping room. 3. Hotels, Clubs, Rooming Houses: One parking space for each four (4) guest sleeping rooms. 4. Hospitals: One parking space for each four (4) hospital beds and provide loading zones as specified under subsection 9-1-16L. 5. Places of Public or Private Assembly: (Churches, government buildings, auditoriums, gymnasiums, stadiums and theaters) One parking space for each four (4) available seating spaces, based upon maximum seating capacity (as defined in the Uniform Building Code) or one space for each twenty-eight (28) square feet of the largest multi-purpose room, gymnasium or auditorium, whichever is greater. a. A place of public assembly for nonprofit organizations may utilize parking spaces provided by other commercial, industrial or public use establishments for up to seventy-five percent (75%) of the required parking for that place of public assembly, provided such parking spaces are within three hundred feet (300') of the entrance to the place of public assembly. The joint use of parking facilities for places of public assembly may be permitted in cases where major parking demands occur on different days of the week or during different hours, if the owner of the off-site parking spaces agrees in writing that any subsequent sale or change in the use of such property will not interfere with the joint use of the parking facilities. The parties concerned in such joint use of off-street parking facilities shall submit a written agreement to be approved, as to form and content, by the City Attorney and such document, when approved as conforming to the provisions of this Chapter, shall be recorded in the office of the County Recorder. 6. Wholesale, Distributing: One parking space for each three (3) employees at maximum employment. 7. Manufacturing: One parking space for each three (3) employees at maximum employment. 9-1-17 9-1-17 K. Parking Layout: Whenever off-street parking is required by this City Code, a parking layout drawing shall be submitted to and approved by the City Engineer. The layout shall show all required improvements, access aisles, entrances to the site and exits from the site, the layout shall be drawn to scale and shall show all dimensions and shall indicate all information necessary to determine the employee and customer parking requirements. The completion of the improvements for parking, according to their plan, shall be required before a certificate of occupancy may be issued. Backing a vehicle from an off-street parking space directly into a public traffic-way creates a traffic hazard. Parking layouts requiring this maneuver shall not be allowed, except for residential uses exiting onto a non-arterial street or a street with a low traffic volume. L. Loading: Parking spaces are not to be combined with loading zones. 1. Loading Zones: Any retail, hospital, school, wholesale, distributing or manufacturing establishment shall have a clearly marked loading zone adjacent to or on the premises of such establishment. Loading zones shall be located and arranged in a manner which creates no interference with the vision triangle or the public use of streets and alleys. One loading zone not less than ten feet by twenty-five feet (10' x 25') and not less than fifteen feet (15') in height shall be provided for each twenty thousand (20,000) square feet of floor area. 2. School Bus Loading: Off-street bus loading area shall be provided separate and apart from regular parking, for loading and unloading buses only. M. The governing body may authorize a special permit to allow a parking lot in a residential zone for the purpose of meeting the requirements of this Section, subject to the following limitations: 1. Notice to the public must be given and a public hearing held by the Zoning Commission on the request for a special permit in the same manner in which said notice is given and a hearing is held on a request for a conditional use permit. 2. Notice must be given b reregistered mail to all owners of property wilhin three hundred feet (300') of the land for which the special permit is sought. 3. A special permit shall not be allowed unless the application shows and warrants that the provisions of this Section shall be met in the proposed development of the parking area. The landscaping required shall blend with the adjacent residential area as set forth in the special permit. N. Handicap Parking: There shall be one handicapped parking space for every thirty-five (35) spaces or fraction thereof. Said handicap space shall be —twelve feet (1-2') wide open on one side to allow–room for individuals in wheelchairs or individuals requiring the aid of a mechanical device to egress and ingress from a motor vehicle on a level surface and be located convenient to a door which accesses the building. 9-1-19 9-1-21 B. A nonconforming use of land, a wrecking yard or junk yard or any conforming building with an assessed valuation of less than two hundred fifty dollars ($250.00) shall be made to conform to this Chapter within a period of two (2) years. C. Any nonconforming use of land or buildings which has ceased by dis- continuance or abandonment for a period of one year shall thereafter conform to this Chapter. D. Any nonconforming building which has been destroyed or damaged by fire, explosion, act of God or by a public enemy to the extent of fifty percent (50%) or more of its assessed valuation shall thereafter conform to this Chapter. Where more than fifty percent (50%) of the assessed valuation of the building remains after such structure may be restored to the same nonconforming use as existod before such damage. E. The use of a building which does not conform to this Chapter when adopted may not be transferred to or extended to any other part of parcel of the land upon which it was constructed and if such building be moved and relocated within the City, such use shall be made to conform to this Chapter. F. The use of a nonconforming building may be changed only to a use con- forming to the zone in which the property is located. G. Any nonconforming signs' or billboards shall be removed within a period of two (2) years from the date and enactment of this Chapter. (Ord. 715, 11-9-70) 9-1-20: ENFORCING OFFICER: The Building Inspector' is hereby desig- nated as the officer responsible for the enforcement of the provisions of this Chapter. (Ord. 715, 11-9-70) 9-1-21: CERTIFICATE OF OCCUPANCY: No building or structure hereafter erected or structurally altered shall be occupied or used until a certificate of occupancy has been issued. Certificates of occupancy must have the information as provided on ICBG Form No. 400.1 "Certificate of Occupancy". Certificates shall be issued within ten (10) working days from the date that such building or structure has been approved by the Building Inspector as meeting standards set forth in City codes and ordinances currently in effect. One- and two-family dwellings and farm buildings need not have such certificate; provided, they are in conformance with all codes and ordinances and are approved by the • Building Inspector. No change in use or occupancy as defined by the Uniform Building Codes' and no change in type of business, retail or manufacturing use of any building or property shall be madewithout_ having--a--new certificate--0Loccupanc-y--issued—for--such change of use. 1. See also Title 5, Chapter 4 of this City Code. 2. See also Section 5-1-2 of this City Code. 3. See also Title 5 of this City Code. 9-1-24 9-1-24 D) mendation of the Traffic Safety Board and approval by the City Council, a visibility fence may be constructed to a height of four feet (4') in front setback areas, or within a vision triangle, and a woven wire visibility fence, which is constructed entirely of metal components, may be constructed to a height of five feet (5') in these areas. E. A building permit is required for construction of all fences, walls, latticework screens and other like structures, except those that have a height of six feet (6') or less above ground level and are located in a residential zone. (Ord. 1042, 2-11-85) TO: MAYOR AND CITY COUNCIL FROM: SAMANTHA ORDUNO, CITY ADMINISTRATOR DATE: APRIL 6, 1992 RE: INDEX FOR WEEK OF APRIL 6, 1992 CITY COUNCIL MEETING MEETINGS SCHEDULED FOR THE WEEK OF APRIL 6, 1992 . Monday, April 6, 1992, Work Session, 7:00 p.m., City Council Chambers ITEMS PROVIDED IN THIS WEEK'S COUNCIL WORK SESSION PACKET . Agenda . March Administrative Update . "Staff Stuff" . LMC March 27th Bulletin and .Administrative Memo INFORMATION ONLY . Board Notes - January 21 , 1992 . Agenda, Mounds View Public School District 621 , March 23, 1992 . Agenda, Mounds View Public School District 621 , March 16, 1992 Fire Call Summary,Februaryf 992 -- . CTV Community Television, February 6, 1992 Minutes MAYOR AND CITY COUNCIL PAGE TWO APRIL 6, 1992 Ramsey County Board Minutes, March 10, 1992 Metro Meeting Minutes, Weeks of March 16-27, 1992 • Agenda, Ramsey County Commissioners, Revised 3-17-92 Agenda, Ramsey County Commissioners, March 24, 1992 Metro Meeting Minutes, Weeks of March 23 - April 3, 1992 Metro Meetings, Weeks of March 30 and April 10 ADMINISTRATOR'S SCHEDULE (Please note that this schedule is subject to change as meetings are scheduled, rescheduled or canceled. At any time Audrey, Michele, or Tim C. will have my most current schedule and a number where I can be reached at all times.) Monday, April 6 7:00 p.m. Work Session Tuesday, April 7 9:00 A.M. Staff Meeting - PRESIDENTIAL PRIMARY ELECTION Wednesday, April 8 MAYOR AND CITY COUNCIL PAGE THREE APRIL 6, 1992 Thursday, April 9 7:30 A.M. Meeting Public Works 10:00 A.M. All Staff Meeting Friday, April 10 * Audrey is on vacation all this week. ** Michele and Tim will be at the Bel-Rae (Presidential Primary all day Tuesday, April 7th.) *** Michele and Tim will start work at NOON on Wednesday due to time spent on Tuesday with the election. • Star Tribune/Thursday/April 2/1992 THURSDAY B „, � . ...:.,,..,,. .....,. i----%-.”,,1-,,,,,,- , ---: -;!...,,- -1--, -1-,',..T BLAINE Blaine restricts adult bookstores. -: •:_Blaine recentbr enacted two ordi- maces aimed at curbing sex-ori- ented businesses after a bookstore owner indicated that he wanted to setup shop in the city. The first measure is a•six-month • moratorium on sex-oriented busi- f nesses;.pending completion of a : study on the issue. The second establishes licensing • requirements for such businesses. Larry Holmberg, owner of The • Amusement Center, a sex-orient- ed shop in Ramsey, is seeking a building permit to construct a si- millar business at the intersection of Hwy. 65 and 101st Av. NE., near the National Sports Center. : Officials probably will decide on the permit next week, said City Manager Don Poss.