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HomeMy WebLinkAboutOrdinance 1035 - 2025/04/14ORDINANCE NO. 1035 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA AN ORDINANCE AMENDING THE MOUNDS VIEW CITY CODE, TITLE XV, LAND USAGE, ZONING; CHAPTER 160.030 RELATED TO FENCE DRAWINGS, CHAPTER 160.033, RELATED TO NOISE REGULATIONS, CHAPTER 160.181, REMOVING FURRIERS FROM THE CITY CODE AND CHAPTER 160.338, RELATED TO DRIVEWAY REPLACEMENT IN CONJUNCTION WITH A STREET IMPROVEMENT PROJECT THE CITY OF MOUNDS VIEW ORDAINS: SECTION 1. The City Council of the City of Mounds View hereby amends Title XV, Land Usage, Chapter 160: Zoning, Section 160.030 Fencing, Screening and Landscaping, by inserting the underlined language and adding a diagram as follows: § 160.030 FENCING, SCREENING AND LANDSCAPING. (A) Height. No fence shall exceed eight feet in height, and in the case of grade separation, such as the division of properties by a retaining wall, the height shall be determined on the basis of measurement from the average point between the highest and lowest grade. (B) Intersections. No structures or plantings 30 inches or more in height, or fences shall be permitted within 30 feet of any corner formed by the intersection of street property lines or the right-of-way of a railway intersecting a street, except properly constructed chain link fences. The chain link fences shall not exceed 48 inches in height from the grade level at the lot line and shall have openings in the wire mesh of not less than one and five -eighths inches, nor more than two and one-fourth inches. The fences may follow the lot line to the lot corner. The 30-foot restriction noted above shall consist of the triangle formed by connecting the two points on intersecting lot lines that are each 30 feet from the lot corner. (See Diagram A) (C) Location. (1) Except as provided in division (B) above, fences not to exceed 48 inches in height may be located on any part of a lot. Fences not to exceed 96 inches in height may be erected on any part of a lot behind the front line of the principal building. The City Council may require or approve fencing up to 96 inches in height in a front yard to satisfy a buffer or screening condition of a development review or conditional use permit. (See Diagram A) (2) A fence or retaining wall shall be installed on the applicant's property. The fence or retaining wall shall not be installed directly over the property line, but shall not otherwise be subject to a setback requirement, except as provided in division (C)(3) below. (3) Fences on corner lots whose side yard abuts a roadway may be six feet in height beginning at the front building line of the principle structure. Ordinance No. 1035 Page 2 Diagram A Permitted Fence Location for Corner Lots (2 sides of street frontages -- ........ r - - - - - - - - - - - - - - - Fence Heights: — — — — — — — — — — 81 or Ito 6' or less .................... 41 or leiq Chain link only Side Line of Garage House z U- U) '--,_Front Only chain link fenotm 4'tail or loss am, ItAne of House allowd within 30'of a properly corner formed by two Want right of wary ................ ......... .......... -.1 ...... ......... ........... Stfeet Frontage TE 10 Perni itted Fence Location for Interior Lots ;only 1 site or street frontage) T Fence Heights. 8, or less Front 4! or less I H 0 kj%n ii Line of House molls: '-z I . No tenceS shelf be MiStalled directly I. upon of uvef a popiely line, 2. The good side of a (once 0%*Il We "Wig"boring properbos 3. No fence [after then 4'shall be located betw"n the Roof fine of the house and the Front pforiony fine- GaraQ0 ---- SECTION 2. The City Council of the City of Mounds Usage, Chapter 160: Zoning, Section 160.033 Noise, and removing the StFmGken language as follows: GENERAL BUILDING REQUIREMENTS § 160.033 NOISE. proplarty line is n of the curb or sidewalk & must be established 2 View hereby amends Title XV: Land by inserting the underlined language (A) All noise shall be muffled so as not to be objectionable due to intermittence, beat Ordinance No. 1035 Page 3 frequency or shrillness and, as measured at any property line, shall not exceed the intensity in relation to sound frequency as established in Minn. Rules Ch. 7030 as it may be amended from time to time. (B) The following are exceptions to standards established in division (A) above: (1) Noises not directly under the control of the property owner; (2) Noises emanating from construction and maintenance activities between 6s00 7:00 a.m. and 10:00 p.m. on weekdays; and (3) The noise of safety signals, warning devices and emergency pressure relief valves. SECTION 3. The City Council of the City of Mounds View hereby amends Title XV: Land Usage, Chapter 160: Zoning, Section 160.181 Permitted Uses (A) and (B) by inserting the underlined language and removing the stricken language, and updating numbering as follows: B-2 LIMITED BUSINESS DISTRICT. § 160.181 PERMITTED USES. The following are permitted uses in a B-2 District: (A) Service -oriented businesses: service -oriented businesses which serve the city community: (15) Therapeutic massage as defined and regulated in Ch. 114 of this code of ordinances. Massage therapy is also included as an accessory use in an R-1, Single Family District as set forth in 160.087 (C)(8) of this Code or ordinances; and (B) Retail: limited retail uses which have, as the principle use, sales with warehousing or display secondary to that use: (1) Adult establishment as defined and regulated in Ch. 116 of this code of ordinances; (2) All permitted uses as allowed in the B-1 Neighborhood Business Districts; (3) Antique shop; (4) Art and school supplies; (5) Auto accessory or motor vehicle parts store with no repairs, installations or service work done on any motor vehicles on site, and with no outside sales or storage; (6) Bakery goods and baking of goods for retail sales on the premises; (7) Bicycle sales and repair; (8) Books or stationery stores; (9) Camera and photographic supplies; (10) Candy, ice cream, popcorn, nuts, frozen desserts and soft drinks; (11) Coin and philatelic stores; (12) Costume, clothes rental; Ordinance No. 1035 Page 4 (13) Delicatessen; (14) Drugstore; (15) Fabric store; (16) Florist shop; (17) Frozen food store, but not including a locker plant; (18) Furniture showroom without warehousing; (19) PuFriers ei eR nn Gted only for trade on nr­ i-, (2--) (19) Gift or novelty store; (24-) (20) Hardware store; (2-2) (21) Hobby store, including handicraft classes, but not to exceed 15 students; (23) (22) Ice sales with storage not to exceed five tons; (24) (23 Jewelry stores and watch repair; (5) (24) Leather goods and luggage stores; (-6) (25) Liquor, off -sale; (2-7) (26) Meat market, but not including processing for a locker plant; (28) (27) Office supplies and equipment; {29) (28) Plumbing, television, radio, electrical sales and such repair as are accessory use to the retail establishments permitted within this district; (30) (29) Record/music shops; (34(30) Restaurant, cafe and tea room with a maximum of 24 seats and 2,000 square feet in floor area. The restaurant shall not include drive-thru and/or window pick-up services or the serving of food to patrons in their vehicles; (32) (31) Rugs, carpet, tile, paint and wallpaper sales; (33) (32LShoe stores; (34) (33) Small appliance sales and service; (35) (34) Sporting goods store; (36) (2aTailor shops; (3-7) (3�Toy stores; (38) (37 Video rental, sales and service; and (39) (38 Wearing apparel. SECTION 4. The City Council of the City of Mounds View hereby amends Title XV: Land Usage, Chapter 160: Zoning, Section 160.338 Stall, Aisle and Driveway Design, of the Mounds View City Code by inserting the underlined language and removing the StFgGkeR language as follows: OFF-STREET PARKING § 160.338 STALL, AISLE AND DRIVEWAY DESIGN. (E) Curb cuts and driveway openings (7) In conjunction with street —inapre�c erat PFGjestS or in ^^ni„nGti^n with individual driveway replacement projects, non -conforming curb cuts shall be made conforming to whatever extent practicable. If, in the opinion of the Directors of Public Works/Parks and Recreation and Community Development, a non -conforming curb cut cannot be made conforming without undue hardship or disruption to the property, the curb Ordinance No. 1035 Page 5 cut may remain in existence, unchanged. In conjunction with street improvement proiects, non -conforming driveways shall be reviewed on a case -by -case basis by the City Council to determine, at its sole discretion and to the extent practicable, if the non -conforming curb cut must be made conforming. Decisions regarding curb cuts may be appealed in writing to the City Council. SECTION 5. In accordance with Section 3.07 of the City Charter, City staff shall have the following summary printed in the official City newspaper in lieu of the complete ordinance: On April 14, 2025, the City Council adopted Ordinance No. 1035 by amending Title XV: Land Usage, Chapter 160: Zoning, Sections 160.030 related to fences, 160.33 related to noise regulations, 160.181 removing Furriers from the City Code and 160.338 related to driveway replacement in conjunction with a street improvement project. A printed copy of the ordinance is available for inspection during regular business hours at Mounds View City Hall and is available on line at the City's web site located at www.moundsviewmn.org. SECTION 6. This ordinance shall take effect and be in force 30 days from and after its passage and publication, in accordance with Section 3.09 of the City Charter. Introduction and First Reading by the Mounds View City Council on March 24, 2025. Second Reading and Adoption by the Mounds View City Council on April 14, 2025. Publication Date: April 17, 2025. ch Lindstrom, Mayor Attest: Brian Beem , Assistant City Administrator (SEAL.) AFFIDAVIT OF PUBLICATION STATE OF MINNESOTA COUNTY OF RAMSEY 1 | P a g e I, __________________, being duly sworn on oath, says: that she is, and during all times herein state has been, Inside Sales Representative of Northwest Publication, LLC., Publisher of the newspaper known as the Saint Paul Pioneer Press, a newspaper of General circulation within the City of St. Paul and the surrounding Counties of Minnesota and Wisconsin including Ramsey and Kanabec. That the notice hereto attached was cut from the columns of said newspaper and was printed and published therein on the following date(s): Thursday, March 13, 2025 Newspaper Ref./AD Number#: _71528255 Client/Advertiser: _City of Mounds View AFFIANT SIGNATURE Subscribed and sworn to before me this 13th day of March, 2025 True Lee NOTARY PUBLIC Ramsey County, State of Minnesota My commission expires January 31, 2030 LuLetta Schmitz (Mar 13, 2025 16:43 CDT) LuLetta Schmitz LuLetta Schmitz True Lee (Mar 13, 2025 16:44 CDT)