05-08-00 PC Agenda
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Regular Meeting of the
Golden Valley Planning Commission
April 24, 2000
A regular meeting of the Golden Valley Planning Commission was held at the Golden Valley
City Hall, Council Chambers, 7800 Golden Valley Road, Golden Valley, Minnesota on Monday,
April 24, 2000. The meeting was called to order by Chair Pentel at 7:00 P.M.
Those present were: Chair Pentel, Commissioners Eck, McAleese, Shaffer, Hoffman, Groger,
and Rasmussen. Also present were Director of Planning and Development Mark Grimes, City
Planner Dan Olson, and Recording Secretary Heidi Reinke.
I. Approval of Minutes - April 10, 2000
Eck noted an error on page 2, "Olson stated... due to the destructiveness..." The statement
should read, "Olson stated...due to the restrictiveness..." Another correction should be made
on page 2, "Those uses... in the Industrial Zoning district." This statement should read, "Those
uses... in the Light Industrial Zoning district." On page 4, third paragraph from the bottom, the
statement reads, "These areas are not... but rather might be acceptable under..." This
statement should be corrected to the following: "These areas are not... but rather for uses that
are acceptable under Light..." Finally, page 4, second paragraph from the bottom, the
statement reads, "These uses might be allowed under the Light Industrial zoning requirements."
The statement would be more clear reading, "All present uses would probably be allowed
under the Light Industrial zoning requirements."
Chair Pentel noted an error in the minutes on page 4 in the last paragraph. The last two
sentences should be omitted.
MOVED by Groger, seconded by McAleese, and motion carried unanimously to approve the
April 10, 2000 minutes with the above corrections.
McAleese noted that the first agenda item is the approval of minutes from the previous meeting.
The City Council meeting is held prior to the approval of the minutes by the Commission.
Therefore, they are working with the unapproved minutes. From a legal standpoint, the City
Council should get the accurate minutes. Pentel agreed with McAleese. The Council reads the
minutes, but does not watch the actual taped meeting. Therefore, they are unaware of any
mistakes in the minutes.
Grimes said the minutes might not come back to the Planning Commission for its approval
before a Council meeting. Staff believes the minutes should be attached to an item when it goes
before the Council for approval.
Pentel suggested that the Planning Commission representatives to the H.R.A. or Council should
read the minutes carefully to represent the true statements from the meeting.
McAleese said that it is difficult to remember what each person said during the meeting. It
would be helpful to get the amended minutes to the Council before the meeting.
Rasmussen inquired if a draft stamp was stamped on the minutes prior to their approval.
Grimes said that Mary Dold is responsible for stamping "draft" on the minutes and believes that
this is done.
Minutes of the Golden Valley Planning Commission
April 24, 2000
Page 2
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McAleese noted that the April 10 minutes did not reflect the "draft" stamping.
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II. Informal Public Hearing - Amendment No.1 to Kings Valley PUD No. 13
Applicant: Kings Valley Homeowners Association
Address: 2100-2318 Mendelssohn Avenue North
Purpose: Amend the P.U.D. Permit to allow for future expansions onto the existing
dwelling units with approval by the Kings Valley Homeowners Association
and review by the City's Building Official through the building permit
process.
Director of Planning and Development Grimes presented the request for amendment of the
P.U.D. Permit to allow for future expansions onto the existing dwelling units with approval by the
Kings Valley Homeowners Association and review by the City's Building Official through the
building permit process. Grimes began his presentation by showing the General Land Use Plan
Map for Kings Valley. Kings Valley was one of the early townhome developments in the City.
The PUD permit was issued in June 1974. There are a total of 154 units.
Grimes said that at the request of one of the homeowners, the KVHA has requested that the
City of Golden Valley amend the PUD permit to allow certain additions to be made to the
town home units without going through the PUD amendment process. This has been an on-
going issue for the past several years with Kings Valley. (There have been other homeowners ..
that have also wanted to put on additions. The City has permitted a couple of small additions,
such as decks. However, staff told the KVHA a couple years ago that no more additions to the
units would be allowed until they were addressed through the PUD process.) Instead of
amending the PUD each time a homeowners wants to add an addition, the homeowners
association would be in charge of approving the addition. Since the town homes are 25 years or
older, the City should arrive at a methodology instead of amending the PUD each time.
Grimes read several conditions:
1. No extension shall be permitted without prior written approval of the Board of Directors of
the Kings Valley Homeowners Association, Inc. The membership of the KVHA are
representatives of owners within the town home development. The KVHA Board of
Directors must send notice of the Board meeting to the adjacent and surrounding
property owners within Kings Valley. This would give the nearby homeowners the
opportunity to express their concerns.
2. No extension shall be allowed that would cause the distance between a housing unit and
any adjoining street to be less than the distance that exists prior to adding the extension.
Because the existing setback from the private streets is minimal, the staff recommended
that this condition be included. This condition would require that all extensions be to the
rear or side of the units. In some cases, it may be impossible to expand a unit because
of the location of the unit adjacent to more than one street. The KVHA knows that all
units may not qualify for an addition under their proposed conditions.
3. No extension shall be allowed that would cause any part of a housing unit to be closer
than 3 feet to any property line. This is the minimum requirement established by the
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Minutes of the Golden Valley Planning Commission
April 24, 2000
Page 3
City's building code. The survey indicates that the lots are not much larger than the
building footprint and that the area where an addition may be placed as per the KVHA
proposed rules are limited. Within Kings Valley, that area that is not owned by the
homeowners is common space controlled by the KVHA as indicated on the plat map for
Kings Valley.
4. No extension shall be allowed that would cause the distance between any part of the
extension and the common wall of the abutting housing unit to be less than 8 feet. This
condition protects the adjoining property owner by not allowing any addition to come any
closer than 8 feet to the common wall. This makes sense because if the addition was too
close to the adjoining property, the view from the adjoining unit could be impaired.
5. Applications for permission to build an extension shall include drawings of the proposed
extension and a certified property survey prepared by a registered surveyor. This survey
is necessary in order to determine the exact location of the existing unit on the lot. As
stated above, the lots are small and the units take up a large portion of each of the lots.
The survey would be required as part of the building permit process. This condition
should be changed to state that the survey must be licensed in the State of Minnesota.
The condition should add that any extension to buildings would require a building permit
from the City of Golden Valley.
Grimes said that staff has worked with the Homeowner's Association to develop these 5
conditions. The recommendations are as follows:
1. No extension shall be permitted without prior written approval of Board of Directors of the
Kings Valley Homeowner's Association, Inc. The KVHA Board must notify adjacent and
abutting property owners of the request and allow those property owners to be heard
before the KVHA Board prior to a decision on the extension.
2. No extension shall be allowed that would cause the distance between a housing unit and
any adjoining street to be less than the distance that exists prior to adding the extension.
3. No extension shall be allowed that would cause any part of the housing unit to be closer
than 3 feet to a property line.
4. No extension shall be allowed that would cause the distance between any part of the
extension and the common wall of the abutting housing unit to be less than 8 feet.
5. Applications for permission to build an extension shall include drawings of the proposed
extension and a certified property survey prepared by a surveyor registered in the State
of Minnesota. All building extensions would require a building permit from the City of
Golden Valley. The building permit application would require a survey and resolution
from the KVHA Board of Directors approving the extension.
Pentel noted that the Homeowners Association is composed of residents of Kings Valley. If the
Board is responsible for hearing an addition proposal from a homeowner, the Board may not be
impartial to the homeowner. It is much different than the homeowner presenting to the City, an
impartial body.
Minutes of the Golden Valley Planning Commission
April 24, 2000
Page 4
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Grimes said the City has no control on how the Board makes a decision, though it probably
would be by majority rule. Any homeowner is eligible to be on the Board.
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Pentel stated that it would be beneficial to maintain a design standard.
Grimes said that the Board would look at the architecture of any proposed addition.
Eck noted that the homes are in close proximity to each other. The Commission may need to
define the term "adjacent" and "surrounding", as to who needs to be notified when an addition is
proposed.
Grimes said that the notification would be similar to that of variances by the City. Any property
that touches is considered adjacent, such as an adjoining duplex, directly across the street, and
on either side. A specific footage from the property, such as 200 feet from all points .of the
property, could be set for those that need to be notified.
McAleese added that any property within 500 feet has to be notified for a PUD amendment. He
inquired if residents outside Kings Valley would qualify as adjacent.
Grimes said that Medley Park, to the north, and others to the east would be considered
adjacent. In general, he thinks that they would not be interested. Most additions would be
approximately 1 0'x12' in maximum size. The additions cannot be within 3 feet of the property
line.
Shaffer commented that it would be beneficial to maintain similar characteristics for the
buildings. Potentially, a future Board could allow other types of materials that would be
uncharacteristic for the style of the town home development.
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Grimes said that the Building Department would issue a permit for the extension and retain a
copy of the resolution of the Homeowner's Association. He suggested adding a condition that
they maintain the integrity of the existing structure, or architectural design. It may be difficult to
decide what is considered consistent with the existing structure/architecture.
Shaffer added that the Inspector in the City Building Department would make the final
judgement on the extension prior to presenting the permit. The condition could include
maintaining the same style of construction for the extension, or keeping the same type of siding.
Groger noted that the City approves projects, even if some are not in favor of the project. It is
probable that the Association could approve something they don't like simply to improve the
property. There may be some pressure on the Association to approve a project to maintain
relations with the person asking for the extension.
Pentel inquired to the cost of amending a PUD permit. Grimes said that the fee is $250. The
time factor is significant; it is a 3-4 month procedure. In comparison, it takes only one month to
process a building permit. Each extension would be dealt with on a case by case basis.
McAleese noted that they have not gone through the PUD amendment process before. They
are unfamiliar with the process.
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Minutes of the Golden Valley Planning Commission
April 24, 2000
Page 5
Grimes said that they have the option of going through a PUD amendment. A new survey for
the entire property would be required.
McAleese inquired how many other townhome developments, under a PUD, exist in Golden
Valley. Grimes stated that there are approximately 5 to 6 townhome developments. There
have been relatively few changes to the PUDs for townhomes in the past. The lots are not big,
and most ofthem cannot accommodate an addition.
McAleese said that if the Commission were to pass this item, other PUD townhome
developments should be entitled to similar treatment. This is a change in policy; therefore the
language of ordinance and contracts should be adjusted accordingly.
Grimes stated that an amendment to a PUD takes a lot of time for the City to process. People
are trying to upgrade their townhomes, which is not a negative effect on the City. Kings Valley
has some overall upkeep problems that the City is working to address.
Shaffer suggested that the Homeowner's Association put together a plan showing where the
units cannot expand. Each lot has a different scenario. There is a potential that something
inappropriate could be built. The overall plan could be amended to show where the additions
would be allowed. This should be defined and then we can again address the request.
Rasmussen noted that it is in the best interest of the City to upgrade. The Commission seems
to be making this request more complicated, when the issue is to simplify.
Jerry Robinson, 2113 Marquee Road, President of the Kings Valley Homeowners Association,
presented Association's ideas. He would like to encourage homeowners to upgrade their
properties. He would like to create some guidelines that would allow this request. Presently,
the Association is responsible for approving any improvements, such as painting. He agreed
with Shaffer that maintaining the architectural style was a good idea. The main goal of the
Association is to protect other homeowners.
Grimes said that it would be impossible to anticipate every type of possible configuration of
addition for the 154 homes. He does not see how a preliminary layout could be formed. The
criteria previously stated is to protect homeowners.
Groger said that many of the lots are twin homes, adjacent to other homes. He inquired if there
is a foreseen problem of building too close to the adjacent property, only 6 feet away from each
other.
Robinson said that the wording of the conditions is trying to prevent such an issue. In most
cases, there is common ground between two adjacent homes. This common space cannot be
invaded. The Board of Directors will have to study each proposal carefully to prevent an
oversight before approval.
Grimes said that most footprints might take up 50-60% of the lot. There may not be enough
room to build an addition on many lots.
Chair Pentel opened the informal public hearing; seeing and hearing no one; Pentel closed the
informal public hearing.
Minutes of the Golden Valley Planning Commission
April 24, 2000
Page 6
McAleese said that if this is passed tonight there might be some problems in the future. The
PUD amendment is time consuming and the landowner might not want to go through the
amendment process. Every other townhome should be entitled to the same treatment if this
request is passed. He inquired how to distinguish between this situation and the PUD for Breck
School.
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Grimes said that this case is different because of the Homeowner's Association. McAleese
retorted that the Homeowner's Association is the owner of the whole complex, similarly Breck
School management assumes the same role for the School complex.
Rasmussen questioned at what point one would want to renovate the townhome developments.
It is better to renovate them than to allow them to become dilapidated. This is a process of
promoting renovation and updating to the property.
Grimes said that the townhomes could be renovated within the footprint without a PUD
amendment. Certain additions cannot be made without an amendment to the PUD.
McAleese said the City would have to rely fully upon the Association to make the right
decisions. Pentel and Grimes added that McAleese's statement is true, but the additions have
to be within the criteria given.
Groger noted this proposal is attempting to make the process easier for the City, within specific
guidelines. He would like to add some additional conditions to the proposal. The property is old
and needs some maintenance work.
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McAleese said that the Commission should review the PUD code. It is important to follow the
language of the law. He will vote in favor, if all other PUD town home developments receive the
same treatment.
Pentel said that each development would receive different treatment, based on their layouts.
Groger pointed out that the size of lots vary. Most additions would probably be minimal in
scope. He noted that other town home developments would be different and would require
different considerations. He would like to add the condition that any additions be similar in style
and materials to the existing structures. Also, adjacent property owners, outside the
development, should be notified of any proposed addition.
Robinson stated that the Association would be happy to notify everyone within the development,
and adjacent property owners outside the development. He would bring this topic up to the
entire Board of Directors. Each property owner receives a notice of regular meetings.
Grimes added that all property owners should be notified of any extension. Any person getting
a variance should notify adjacent property owners, including those across the street, in addition
to the Association's notice that would be sent.
McAleese interjected that he is uncomfortable if the person is not notifying everyone within 500
feet. In this case, everyone was notified. Although there was not a big turnout, it would be good
to notify all within 500 feet.
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Minutes of the Golden Valley Planning Commission
April 24, 2000
Page 7
Grimes said that all adjacent properties should be notified. McAleese added that any property
that physically touches the property is adjacent. Grimes noted that a buffer surrounds each
homeowner's property; therefore, an imaginary line drawn outside of each property would
determine what is adjacent.
Pentel stated that conditions 1 through 5 and added the following conditions. The sixth condition
should state that the style of architecture and construction of the existing structure should be
maintained. The seventh condition should state that all properties within the Homeowner's
Association would be notified of a proposed extension. The eighth condition should state that all
adjacent landowners will be notified, including those outside of Kings Valley. The ninth condition
should state that if the City determines that the amendment is not being properly administered,
the City could revoke this amendment with or without cause.
MOVED by Shaffer, seconded by Rasmussen, and motion carried unanimously to approve the
amendment to the PUD permit to allow for future expansions onto the existing dwelling units
with approval by the Kings Valley Homeowner's Association and review by the City's Building
Official through the building permit process with the previously stated conditions 1 to 5 and
additional conditions 6 to 9, stated by Pentel.
III. Informal Public Hearing - Amendment to the Language of the Zoning Code
City Planner Dan Olson stated that this informal public hearing is for discussion. The
Commissioners can take action if so desired. The proposal is to allow, by Conditional Use
Permit, in the Institutional (1 through 4) zoning district Essential Services - Class II. Class II
Essential Services allows tower of up to 120 feet in certain districts. The following uses are
permitted in the Institutional Zoning Sub-Districts 1-4 at this time: Churches, Schools, Essential
Services Class I, Seasonal Farm Produce Sales, public and private libraries, public clubs,
nursing homes and clinics, golf courses, parks, playgrounds, City offices, fire stations, and
others.
Olson said that the City currently allows Essential Services as an accessory use within the
Business/Professional Office, Light Industrial, and Industrial zoning districts. A previous change
in these districts was prompted for allowing more types of property to have these essential
service uses. He noted that the City has received many requests for essential services on golf
courses and specifically the American Legion, east of Hwy. 100. Olson said that due to the
amount of requests, the City would like to open up different types of properties to Essential
Services - Class II uses. In addition, this would help the users to generate revenue from
leasing the towers.
Olson noted the conditional use on page 2-3 of his memo and a height restriction on page 4.
The conditional use would permit, within the 1-1, 1-2, 1-3, and/or 1-4 Institutional Zoning sub-
districts, towers up to a height of 120 feet.
Pentel inquired why cemeteries are not included. Olson said that there is only one cemetery in
Golden Valley.
Pentel would like to see this proposed at a broader scale than the Planning Commission. She
expressed some concern about placing towers of up to 120 feet in height in parking lots and
playgrounds, which are located in the 1-4 district.
Minutes of the Golden Valley Planning Commission
April 24, 2000
Page 8
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McAleese suggested that Olson also present this request to the Open Space and Recreation
Commission.
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Chair Pentel opened the informal public hearing; seeing and hearing no one; Pentel closed the
informal public hearing.
Eck found the supporting material very interesting. There are many issues concerning pole
location. He inquired what sort of study the City has done for potential pole locations.
Grimes said that the City had met the demand for Essential Services until 5 or 6 years ago. In
the past years, there has been a significant increase in cell phone use and PCS carriers.
Golden Valley will not have adequate coverage in the near future. Grimes added that there are
already parts of the City that have problems, such as the NE area, and believes that citizens will
be very unhappy if they lose coverage in their area. He said the issue is not about wanting the
towers, but is an essential service, which the City will have to accommodate. There are many
locations that already have antennae with tower heights of 80' to 90' tall.
Shaffer said he is concerned about the placement of the towers. Potentially, if the property met
setback requirements, then a tower could be place in a conspicuous location.
Eck inquired about the potential radiation emission from the towers as a hazard to children. It
might be dangerous to have the towers located in a schoolyard. McAleese said that the
emissions are low.
McAleese said he is in favor of building towers, as we can't resist technology. He added there .
are several camouflaged towers already in the City. The City can look at the possibility of
encouraging the camouflaging of towers. The City needs to come up with language in its
ordinance that has clear guidelines. He suggested that each application go through a visual
analysis before approval.
Grimes stated the City has a potential to be sued if coverage is lost in an area. The City must
provide coverage. He is in favor of McAleese's suggestion of creating criteria for such towers.
Pentel said that she would like to continue this discussion.
Grimes told the Commission that some water towers already have the mechanics required for
cell use. He said lighting structures in parks might also be able to accommodate such units.
McAleese agreed that using a pre-existing structure, such as a light pole, would help with
camouflaging the cell unit.
Rasmussen said that she would like to see this issue move slowly and carefully. Since there is
financial incentive to accommodate the towers, the City must be careful, as it may be hard to
turn down some applicants. Churches, American Legions, and others might find the financia.l
incentive very attractive.
Grimes said that the tower located in the North Wirth area, along Hwy. 55, pays about
$10,000/year for rent. Pentel noted that it is a significant amount of money.
Grimes suggested that this item be further discussed at the Commission's next regular
scheduled meetings.
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Minutes of the Golden Valley Planning Commission
April 24, 2000
Page 9
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IV. Reports on Meetings of the Housing and Redevelopment Authority, City Council,
Board of Zoning Appeals and other Meetings
Pentel stated that the Sheriff's property was discussed at the H.R.A. meeting, and added there
would be an open house at City Hall May 4th to discuss this site. She suggested a Planning
Commissioner attend to help with the open house.
McAleese noted that the Golden Valley HRA, at its meeting of April 11 , voted to condemn the
Olympic Printing property. Grimes added that once there is a purchase or a condemnation. is
filed, then the City's process could begin.
McAleese stated that he attended the City Council meeting on the 18th of April noting the
discussion on the Conduit Revenue Bonds, the Breck Ice Arena Preliminary Plat and Breck's
request for a Conditional Use Permit for the North Wirth site.
Shaffer stated that he would be attending the Board of Zoning Appeals meeting on Tuesday
night, April 25.
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Hoffman attended the Laurel/Pennsylvania Avenue Task Force meeting. The Committee
discussed four workable alternatives for the area. Signage along Winnetka and Highway 55 was
an important issue of discussion. The signage would include "No Left Turn" and "No Parking."
There is concern about the traffic Allianz could generate in the area. Medians will be
constructed to attempt to slow the traffic. Another topic of discussion was a pedestrian crossing
over Herald to the tennis courts.
Pentel said she had talked with Mayor Anderson about the new street being built along the
Olympia Street. She noted that a sidewalk is being proposed from Douglas Drive to the park.
Pentel added that the sidewalk committee believes the right time to construct sidewalks is
during a construction period. She noted that there are neighbors that do not want sidewalks.
Rasmussen noted that the houses in this area are very close to the street. She inquired where
people would park their vehicles if the sidewalk were constructed.
Pentel said this issue would come before the Council on May 9th. She noted that various plans
have been done with the latest plan narrows the street to allow for the sidewalk. Pentel added
that only one or two trees would need to be removed. She added that there would be parking on
one side of the street and the sidewalk on the other. Pentel told the Commission that the
Sidewalk Committee would be meeting on May 10.
V. Other Business
Greger believed the presentation by Gunnar Isberg to the Commission was not profitable for
them. He said he was not impressed by the presentation and further commented that he
believed the presenter was not very knowledgeable about some questions that were raised.
Pentel agreed, and noted there were too many slides, which were not tailored to Planning
Commissioners.
. Eck said that it would have been more useful to take a subject and look at it in more in depth.
Minutes of the Golden Valley Planning Commission
April 24, 2000
Page 10
Pentel had hoped to learn more about the role of the Planning Commissioner, such as ethical
issues, processes, etc.
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Shaffer noted that zoning was addressed. He suggested that it would have been more prudent
for the Board of Zoning Appeals to have heard this information.
Eck told the Commission that the APA Conference was very well done. He believes there
should be a better orientation and indoctrination for new Planning Commissioners when they
are elected to the Commission. A longer education period prior to the new member formally
taking a seat to meet certain requirements would be helpful. There are many helpful materials
available for training new members. Eck suggested that a Mike Chandler does annual
Planning Commission training workshops around the country and it could be possible that the
Minnesota Chapter is doing this type of presentation. He noted the Minnesota Chapter of the
APA is having Land Use Planning workshops from now until early May.
Pentel noted that the State. Conference would be held in Duluth this fall.
Grimes commented that each session of the conference is taped and it may be helpful to order
the Chandler session on tape.
McAleese suggested that the Commissioners learn about the fundamental philosophy.
VI. Adjournment
The meeting was adjourned at 9:10 P.M.
Richard Groger, Secretary
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MEMORANDUM
DATE:
TO:
FROM:
RE:
May 2, 2000
Golden Valley Planning Commission
Dan Olson, City Planner
Discussion on Golden Valley Zoning Code Amendment for Auto
Related Uses
Purpose
At the Planning Commission meeting on April 10th, the Commission considered a request for a
rezoning for a property at 830 Boone Avenue North from Light Industrial to Industrial. The
applicant's reason for requesting the rezoning was the desire to allow a more varied type of use
for the property, especially to allow auto related uses. Auto related uses are currently not
allowed in the Light Industrial District. For that application, the Commission recommended
denial, and the applicant later withdrew the application.
As a result of that rezoning application, the Commission expressed a desire to review the
Golden Valley Zoning Code's regulations regarding auto related uses. This desire came from
the most part because it was felt that auto related are vaguely defined and that auto related
uses are restricted to only two zoning districts. This report is provided in response to that
request. Specifically, the Commission asked to review the City's current definitions and
regulations and then review regulations from other cities. That research is attached for your
review.
Recommended Action
This information is presented for your discussion and possible action.
Attachments:
Zoning Code Regulations: Cities of Golden Valley, Plymouth, Bloomington, Crystal and
St. Louis Park
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City of Golden Valley Current Regulations
Zoning Code Definitions:
Automobile Sales" - An open or enclosed area (building or structure), other than a street,
used for the display, sale, or rental of new and used motor vehicles in operable condition.
"Automobile Wrecking" - The dismantling or disassembling of used motor vehicles or
trailers, or the storage, sale or dumping of dismantled, partially dismantled, obsolete or
wrecked vehicles or their parts.
"Car Wash" - A building and/or premises used principal washing and cleaning
automobiles, using either manual or automatic production line methods.
COMMERCIAL DISTRICT:
Conditional Use: Auto repair shops, including tire and auto accessory repair and
installation
INDUSTRIAL DISTRICT:
Permitted Uses:
Battery and tire service
Conditional Uses:
Car wash
Structures and premises for automobile, or other motor vehicle sales and
showrooms, with incidental accessory service and repair facilities.
Gasoline service stations
Automobile repair shops, auto body repair and/or painting, and auto cleaning and
reconditioning
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City Of Plymouth
Zoning Code Definitions:
1). Automobile Repair, Minor: Any building or premises or portion thereof where the
primary use involves incidental repairs, replacement of parts, including tires,
brakes, transmissions, mufflers and exhaust systems, batteries, etc., lubrication and motor
service to automobiles. Services offered may include engine rebuilding
and reconditioning accessory to the primary use, but shall not include any other operation
specified under "automobile repair, major".
2). Automobile Wash (Car Wash): A building or area that provides facilities for
washing and cleaning motor vehicles, which may use production line methods with a
conveyor, blower, or other mechanical devices, and which may employ some hand labor.
HIGHWAY COMMERCIAL DISTRICT: The purpose of the C-3, Highway
Commercial District is to provide for the establishment of service and limited retail
businesses primarily oriented toward motorists and requiring high volumes of traffic and
visibility from major roads.
Permitted Use: Auto accessory stores (not including service)
Conditional Use:
1). Commercial car washes (drive-through, mechanical and self-service as a
principal or accessory use), provided that:
( a) Magazining or stacking space is constructed to accommodate an
appropriate number of vehicles and shall subject to the approval of the
City Council.
(b) The entire area shall have a drainage system which is subject to the
approval of the City and gives special consideration to the prevention of
ice build up during winter months.
2). Motor vehicle fuel sales (excluding convenience grocery market with such
facilities), truck stop, and auto repair-minor provided that:
(a) Regardless of whether the dispensing, sale or offering for sale of motor
fuels and/or oil is incidental to the conduct of the use or business, the
standards and requirements imposed by this Section for motor fuel stations
shall apply. These standards and requirements are, however, in addition to
other requirements which are imposed for other uses of the property.
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(b) Motor fuel facilities shall be installed in accordance with State and
County standards. Additionally, adequate space shall be provided to
access gas pumps and to allow maneuverability around the pumps.
Underground fuel storage tanks are to be positioned to allow adequate
access by motor fuel transports and unloading operations which do not
conflict with circulation, access and other activities on the site. Fuel
pumps shall be installed on pump islands.
(c) Whenever fuel pumps are to be installed, pump islands shall be
installed. Pump islands and their related parking and maneuvering aisle
shall be located no closer to the street or adjacent property lines than this
Chapter allows for parking spaces, provided that such location does not
encroach upon street right-of-way, pedestrian areas, or adjacent property.
(d) A protective canopy located over pump islands may be an accessory
structure on the property and may be located twenty (20) feet or more
from the front lot line, provided adequate visibility both on and off site is
maintained.
(e) There shall be no outdoor service operation of lubrication equipment,
hydraulic lifts of service pits, tire changing, drive systems repair and
tuning, or similar operations.
.
(f) No outside storage, sales, or rental shall be allowed except as
specifically allowed by separate administrative use permit.
(g) Sale of products other than those specifically mentioned in this sub-
section shall be limited to those allowed in this district and shall be subject
to approval as part of the conditional use permit.
a. No outside storage of parts, equipment, or inoperable vehicles
shall be allowed.
COMMERCIAL/INDUSTRIAL DISTRICT - The purpose of the C-5,
CommerciallIndustrial District is to provide areas for businesses that have both
commercial and industrial characteristics and for the establishment of wholesale and
retail trade of large volume or bulk commercial items.
Conditional Uses:
1).
Major automobile repair, provided that:
.
(a) Not less than thirty (30) percent of the lot, parcel or tract ofland shall
remain as landscaped green area according to the approved landscape
plan.
3
\.
(b) All painting must be conducted in an approved paint booth. All paint
booths and all other activities of the operation shall thoroughly control the
emission of fumes, dust or other particulated matter so that the use shall be
in compliance with the State of Minnesota Pollution Control Standards,
Minnesota Regulation APC 1-15, the Minnesota Uniform Fire Code, and
other applicable state and county regulations.
(c) The emission of odor by a use shall be in compliance with and
regulated by the State of Minnesota Pollution Control Standards,
Minnesota Regulations APC.
(d) Storage, use and disposal of all flammable materials, including liquids
and rags, shall conform with the applicable provisions of the Minnesota
Uniform Fire Code.
( e) All outside storage is prohibited. The storage of damaged vehicles,
vehicles being repaired and vehicle parts and accessory equipment must be
completely inside a principal or accessory building.
2). Motor vehicle and recreation equipment (RV, snowmobile, boat, ATV,
etc.) sales, leasing, rental, auto repair-minor, and structures accessory thereto.
.
a.Vehicles for sale, leasing or rental shall be parked on a paved surface
that conforms to Section 21135 of this Chapter.
b.Parking, driveway, and circulation standards and requirements shall
comply with Section 21135 of this Chapter.
c. There shall be no outside repair or maintenance of vehicles.
d.No outside storage shall be allowed except as specifically allowed by
separate administrative permit.
e.Sale of products other than those specifically mentioned shall be limited
to those that accessory to the principle use and shall be subject to a
separate conditional use permit.
f.No outside storage of damaged vehicles, parts, and equipment shall be
allowed.
.
4
'.
.
.
COMMERCIALIW AREHOUSING DISTRICT - The purpose of the C- W,
Commercial/Warehousing District is to provide a transition between commercial and
industrial use districts and hence for the establishment of wholesale and retail trade of
large volume or bulk commercial items, storage and warehousing. The C- W District is
intended to primarily accommodate uses which have both commercial and industrial
characteristics.
Conditional Use:
1). Major automobile repair, provided that:
(a) Not less than thirty (30) percent of the lot, parcel or tract ofland shall remain as
landscaped green area according to the approved landscape plan.
(b) All painting must be conducted in an approved paint booth. All paint booths
and all other activities of the operation shall thoroughly control the
emission of fumes, dust or other particulated matter so that the use shall be in
compliance with the State of Minnesota Pollution Control Standards,
Minnesota Regulation APC 1-15, the Minnesota Uniform Fire Code, and other
applicable state and county regulations.
( c) The emission of odor by a use shall be in compliance with and regulated by the
State of Minnesota Pollution Control Standards, Minnesota
Regulations APe.
(d) Storage, use and disposal of all flammable materials, including liquids and rags,
shall conform with the applicable provisions of the Minnesota Uniform Fire Code.
( e) All outside storage is prohibited. The storage of damaged vehicles, vehicles
being repaired and vehicle parts and accessory equipment must be completely
inside a principal or accessory building.
LIGHT INDUSTRIAL AND INDUSTRIAL DISTRICT - The purpose of the Light
Industrial District is to provide for the establishment of warehousing and light industrial
development. The overall character of the Light District is intended to have low impact
manufacturing/warehouse character. The purpose of the General Industrial District is to
provide for the establishment of warehousing and light industrial development
and large volume truck oriented uses.
Permitted Use: Automobile repair, major
Conditional Use: Minor automobile repair; servicing of motor freight vehicles and
heavy construction equipment; directly related accessory materials and parts sales for
5
.
.
.
such repair and servicing (not including new or used vehicle sales); and accessory
materials and parts warehousing which is related to and dependent upon such uses
provided that:
(a) All servicing of vehicles and equipment shall occur entirely within the principal
structure.
(b) To the extent required by State law and regulations, painting shall be conducted
in an approved paint booth, which thoroughly controls the emission
of fumes, dust, or other particulated matter.
(c) Storage and use of all flammable materials, including liquid and rags, shall
conform with applicable provisions of the Minnesota Uniform Fire
Code.
(d) Parking, driveway, and circulation standards and requirements shall be subject
to the review and approval of the City and shall be based upon the
specific needs of the operation and shall accommodate large vehicle equipment and
semi-trailer/tractor trucks.
(e) The storage of damaged vehicles and vehicle parts and accessory equipment
must be completely inside a principal or accessory building.
(f) The sale of products other than those specifically mentioned in this Section shall
be subject to a separate conditional use permit.
6
.
.
.
CITY OF BLOOMINGTON
ZONING CODE DEFINITIONS:
Car Care Center -
A grouping of automotive service-related uses which have a common
architectural theme and shared access and circulation. The center shall
consist of three or more of the following: gasoline sales, lubricant sales and
installation, car wash, sale of auto parts, installation of parts sold on the
premises, minor automotive services such as tune-ups and repair and auto
body estimating and repair (including painting) provided there be no exterior
storage of damaged or inoperable vehicles or parts, or vehicles in the
process of repair or painting and there be no discernible odors at the
property line. However, machining of parts is not included.
Motor vehicles sales -
Other than the occasional sale of motor vehicles by a private owner upon his
own property in a residential district, motor vehicle sales consists of the
buying, selling, leasing, wholesaling, brokering, auctioning or displaying any
new, used, secondhand or junked motor vehicles, subject to the provisions
of Section 19.26(d)(1).
Class I motor vehicle sales -
The sale of new motor vehicles obtained directly from the manufacturer.
Class II motor vehicle sales -
The sale of used motor vehicles displayed on the premises, and taken in
trade as part of the sale of a new or used motor vehicle or purchased or
recovered from another dealer, leasing or rental business, or private
individual, and where the primary purpose of the business is the sale of such
used motor vehicles.
Class III motor vehicle sales -
The sale of used motor vehicles which are stored and displayed on the
premises of a business whose primary activity is other than the acquisition of
such vehicles for sale, resale, rental or leasing and in a location on the
property which does not occupy parking spaces otherwise required to meet
the requirements of this Code.
Class IV motor vehicle sales -
The sale, brokering, lease or rental of new or used motor vehicles where.no
such vehicles for sale, resale, rental or leasing are stored or displayed onthe
premises of the business. Class IV Motor Vehicle Sales shall be considered
permitted uses in all zoning districts where offices and office uses are
permitted.
7
.
.
.
REGIONAL COMMERCIAL DISTRICTS: This district is intended to provide for
the development of regional and community scale integrated retail, office, business
services, personal services and services to the traveling public near freeway interchanges.
Conditional Use: The following uses are adjacent to and integrated by means of
orientation, parking, pedestrian and vehicular circulation, access and
design with a permitted principal use: Automobile repair businesses.
GENERAL BUSINESS DISTRICTS: Purpose is to provide centralized areas for
businesses that do not belong shopping centers, and for highway- or automobile-oriented
businesses.
Permitted accessory uses - Repair of motor vehicles accessory to Class I motor
vehicle sales.
Conditional uses: car washes
INDUSTRIAL DISTRICTS Purpose is to preserve zones primarily for industrial use
and to allow business uses in them only when necessary to or complementary to the
industrial neighborhood and when it will not illterfere with further industrial
development.
Permitted Uses: Repairing, rebuilding and painting of vehicles, machinery and
equipment in General Industry (I-3) Districts.
Conditional Use: Car Care Centers - Under a planned development in the
Industrial Park Zoning District; including auto body repair and
painting as a temporary use when conducted in a multi-tenant building
and exceeding 25 percent of the building floor area, however in no
instance shall such repair and painting be conducted in a freestanding,
single-tenant building.
FREEWAY DEVELOPMENT DISTRICTS: Purpose is to provide for a
limited mixture of land uses made mutually compatible with controls and high
standards; to encourage and accommodate industry in freeway locations
convenient to the Metropolitan area; to provide for integrated roadside business
areas designed to offer a group of essential services to the motoring public in
compact and convenient locations.
Permitted Accessory Use: Repair of motor vehicles accessory to Class I motor
vehicle sales.
8
.
CENTRAL BUSINESS DISTRICT: Purpose is to provide a zone which will
encourage orderly development and redevelopment in older business areas and to
provide a means to promote a more economical use of the land.
Permitted Accessory Uses: Repair of motor vehicles accessory to Class I motor
vehicle sales.
Conditional Use:
Car washes
Truck rental and Repair ofthose motor vehicles.
.
.
9
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.
.
CITY OF CRYSTAL
Zoning Code Definitions:
Automobile Repair - Major. General repair, rebuilding or reconditioning engines,
motor vehicles or trailers; collision service, including body, frame or fender straightening
or repair; overall painting or paint job; vehicle steam cleaning.
Automobile, Repair - Minor. Minor repairs, incidental body or fender work, painting
and upholstering, replacement of parts and motor services to passenger automobiles and
trucks not exceeding three-fourths ton capacity, but not including any operation specified
under "Automobile Repair - Major".
COMMUNITY COMMERCIAL DISTRICT - Provides for the establishment of
commercial and service activities which draw from and serve customers from the entire
community or region.
Permitted Use: Auto accessory stores
HEAVY INDUSTRIAL DISTRICT: Provides for heavy industrial and manufacturing
development and use which because of the nature of the product or character of activity
requires isolation from residential or commercial uses.
Permitted Use: automobile assembly and/or major repair
AUTO ORIENTED COMMERCIAL DISTRICT: see attached
10
Crystal City Code
,1,.3,
4,.3,. B-3. Auto-Oriented Commercial District. Subdivision 1. Purpose.
e purpose of the B-3, Auto-Oriented Commercial District is to provide for and
imit the establiShment of high volume motor vehicle oriented individual trip
generation uses, dependent commercial and service activities.
fu.bd. 2. The following are permitted uses in a B-3 District:
a)
b)
c)
d)
e)
f)
Auto accessory store.
Motor vehicle and recreation equipment sales and garages accessory
thereto.
Commercial recreational uses.
Motels, motor hotels and hotels provided that the lot area contains
not less than ,00 square feet of lot area per unit.
Restaurants, cafes, tea rooms, taverns, on-sale liquor and off-sale liquor.
Private clubs or lodges serving food and beverages with use being
restricted to members and their guests. Adequate dining room, Ici.tchen
and bar space must be provided according to standards imposed upon
similar unrestricted customer operations. The serving of alcoholic
beverages to members and their guest shall be allowed, providing that
such service is in compliance with applicable federal, state and
muriicipal regulations. Offices of such use shall be limited to no more
than 20 percent of the gross floor area of the building.
Taxi terminals, stand and offices.
Semi-trailer truck parking.
g)
h)
fu.bd. 3. The following are permitted accessory uses in a B-3 District:
.
a) All permitted accessory uses as allowed in a B-2 Limited Commercial
Di stri ct.
Subd. 4. The following are conditional uses in a B-3 District: (Requires
a conditional use permit based upon procedures set forth in and regulated by Sub-
Section 515.53 of this Code.)
a) Drive-in and convenience food establishments provided that:
1) The architectural appearance and functional plan of the building
and site shall not be so dissimilar to the existing buildings or area
as to cause impairment in property values or constitute a blighting
influence within a reasonable distance of the lot.
2) At the boundaries of a residential district, a strip of not less than
five feet shall be landscaped and screened in compliance with Sub-
Section 51,.07, Subd. 9 of this Code.
3) Each .light standard island and all islands in the parking lot
landscaped or covered.
4) Parking areas shall be screened from view of abutting residential
districts in compliance with Sub-Section ,15.07, Subd. 9 of this
Code.
.
-45-
Crystal City Code
515.35, Subd. 4 b)
.
5) Parking areas and driveways shall be curbed with continuo'lfs
curbs not less than six inches high above the parking lot or
driveway grade.
6) Vehicular access points shall be limited, shall create a minimum
of conflict with through traffic movement, shall comply with Sub-
Section 515.09 of this Code and shall be subject to the approval
of the City Engineer.
7) All lighting shall be hooded and so directed that the light source is
not visible from the public right-of-way or from an abutting residence
and shall be in compliance with Sub- Section 515.07, Subd.lO of this
Code.
8) The entire area shall have a drainage system which is subject to
the approval of the City Engineer.
9) The entire area other than occupied by buildings or structures or
plantings shall be surfaced with a material which will control
dust and drainage and which is subject to the approval of the City
Engineer.
10) All signing and informational or visual communication devices
shall be in compliance with Section 406 of the City Code.
11) The provisions of Sub-Section 515.53, Subd. Ie of this Code are
considered and satisfactorily met.
.
b) Car washes (drive through, me9hanical and self-service) provided that:
1) The architectural appearance and functional plan of the building
and site shall not be so dissimilar to the existing buildings or
area as to cause impairment in property values or constitute a
blighting influence within a reasonable distance of the lot.
2) Magazining or stacking space is constructed to accommodate that
number of vehicles which can be washed during a maximum 30 minute
period and shall be subject to the approval of the City Engineer.
3) At the boundaries of a residential district, a strip of not less
than five feet shall be landscaped and screened in compliance with
Sub-Section 515.07, Subd. 9 of this Code.
4) Each light standard island and all islands in the parking lot
landscaped or covered.
5) Parking or car magazine storage space shall be screened from view
of abutting residential districts in compliance with Sub-Section
515.07, Subd. 9 of this Code.
.
6) The entire area other than occupied by the building or plantings
shall be surfaced with material which will control dust and
drainage which is subject to the approval of the City Engineer.
-46-
.
.
.
Crystal City Code
515.35, Subd. 4 c)
7) The entire area shall have a drainage system which is subject to
the approval of the City Engineer.
8) All lighting shall be hooded and so directed that the light source
is not visible from the public right-of-way or from an abutting
residence and shall be in compliance with Sub-Section 515.07,
Subd. 10 of this Code.
9) Vehicular access points shall be limited, shall create a minimum
of conflict with through traffic movement and shall be subject to
the approval of the City Engineer.
10) All signing and informational or visual communication devices shall
be in compliance with Section 406 of the City Code.
11) Provisions are made to control and reduce noise.
12) The provisions of Sub-Section 515.53, Subd. le of this Code are
considered and satisfactorily met.
c) Motor fuel station, auto repair-minor and tire and battery stores and
service provided that:
1) Regardless of whether the dispensing, sale or offering for sale of
motor fuels and/or oil incidental to the conduct of the use or
business, the standards and requirements imposed by this Code for
motor fuel stations shall apply. These standards and requirements are,
however, in addition to other requirements which are imposed for other
uses of the property.
2) The architectural appearance and functional plan of the building
and site shall not be so dissimilar to the existing buildings or area
as to cause impairment in property values or constitute a blighting
influence within a reasonable distance of the lot.
3) The entire site other than that taken up by a building, structure
or plantings shall be surfaced with a material to control dust and
drainage which is subject to the approval of the City Engineer.
4) A minimum lot area of 22,500 square feet and minimum lot
dimensions of 150 feet by 130 feet.
5) A drainage system subject to the approval of the City Engineer
shall be installed.
6) A curb not less than six inches above grade shall separate the
public sidewalk from motor vehicle service areas.
7) The lighting shall be accomplished.in such a way as to have no
direct source of light visible from adjacent land in residential
use or from the public right-of-way and shall be in compliance
with Sub-Section 515.07, Subd. 10 of this Code.
-47-
\1
:11 tll
I"
II ~!
q
Iii
'[
il
!i
I.
il
III
,I
\\
'I
\1
Crystal City Code
515.35, Subd. 4 d)
.
8) Wherever fuel pumps are to be installed, pump islands shall be
installed.
9) At the boundaries of a residential district, a strip of not less than
fi ve feet shall be landscaped and screened in compliance with Sub-
Section 515.07, Subd. 9 of this Code.
10) Each light standard landscaped.
11) Parking or car magazine storage space shall be screened from view
of abutting residential districts in compliance with Sub-Section 515.07,
Subd. 9 of this Code.
12) Vehicular access points shall create a minimum of conflict with through
traffic movement, shall comply with Sub-Section 515.09 of this Code
and shall be subject to the approval of the City Engineer.
13) All signing and informational or visual communication devices shall
be minimized and shall be in compliance with Section 406 of the City
Code.
14) Provisions are made to control and reduce noise.
IS) No outside storage except as allowed in compliance with Sub-
Section 515.35, Subd. 4 d) of this Code.
.
16) No outside sale or service except as allowed in compliance with
Sub-Section 515.35, Subd. 4 e) of this Code.
17) Sale of products other than those specifically mentioned in this
Subdivision be subject to a conditional use permit and be in
compliance with Sub-Section 515.35, Subd. 4 f) of this Code.
18) The provisions of Sub-Section 515.53, Subd. Ie of this Code are
considered and satisfactorily met.
d) Open and outdoor storage as a principal or accessory use provided that:
1) The area is fenced and screened from view of neighboring residential
Uses or if abutting an R District in compliance with Sub-Section
515.07, Subd. 9 of this Code.
2) storage is screened from view from the public right-of-way in
compliance with Sub-Section 515.07, Subd. 9 of this Code.
3) Storage area is grassed or surfaced to control dust.
4) All lighting shall be hooded and so directed that the light source
shall not be visible from the pllblic right-of-way or from neighboring
residences and shall bein compliance with Sub-Section 515.07, Subd.
10 of this Code.
.
5) fues not take up parking space as required for conformity to this
Code.
-48-
.
.
.
Crystal City Code
$1$.3$, Subd. 4e)
6) The provisions of Sub-Section $1$.$3, Subd. Ie of this Code are
considered and satisfactorily met.
e) Open or outdoor service, sale and rental as a principal or accessory
use and including sales in or from motorized vehicles, trailers or
wagons provided that:
1) Outside services, sales and equipment rental connected with the
principal use is limited to 30 percent of the gross floor area of
the principal use.
2) Outside sales areas are fenced or screened from view of neighboring
residential uses or an abutting "Rn District in compliance with
Sub-Section $1$.07, Subd. 9 of this Code.
3) All lighting shall be hooded and so directed that the light source
shall not be visible from the public right-of -way or from
neighboring residences and shall be in compliance with Sub-Section
$1$.07, Subd. 10 of this Code.
4) Sales area is grassed or surfaced to control dust.
$) Does not take up parking space as required for conformity to this
Code.
6) The provisions of Sub-Section $1$.$3, Subd. Ie of this Code are
considered and satisfactorily met.
f) Accessory, enclosed retail, rental or service activity other than that
allowed as a permitted use or conditional use within this Sub-Section
provided that:
1) Such use is allowed as a permitted use in a B-1 or B-2 District.
2) Such use does not constitute more than 30 percent of the lot area
and not more than $0 percent of the gross floor area of the principal
use.
3) Adequate off-street parking and off-street loading in compliance
with the requirements of Sub-Section $1$.09 and $1$.11 of this Code
is provided.
4) All signing and informational or visual canmunication devices shall
be in compliance with Section 406 of the City Code.
$) The provisions of Sub-Section $1$.$3, Subd. Ie of this Code are
considered and satisfactorily met.
.
.
.
CITY OF ST. LOUIS PARK
SECTION 14:5-5.2 ftC-1ft. NEIGHBORHOOD COMMERCIAL DISTRICT
A
PURPOSEIEFFECT .~,.
The purpose of this district is to provide for low intensity, service-oriente
commercial uses for surrounding residential neighborhoods. Limits will be placed on,
the type, size, and intensity of commercial uses in this district to insure and proteC1
compatability with adjacent residential areas. . ~
fN~I-l>"f-('& j.v"''-+1.. Lc.,,//j.io.-,S".
IN-VEmCLE SALES OR SERVICE
Conditions:
a.
Drive t"h~ough f8:cili~ies and stacking areas shall not be located adjacent
to any RUse Dlstnct.
A B~eryard "D" shal! be provided between drive through facilities and
stacking areas and adjacent streets and properties. .
Stacking shall be provided for 6 cars per customer service point and
shall comply with all yard requirements.
This u~e sh~ only be permitted when it can be demonstrated that the
operat~on will n.ot have a significant adverse affect on the existing level
of sel"Vlce on adjacent streets and intersections.
b.
c.
d.
e.
f.
The drive-through facility shall be designed so it does not impede
traffic or impair vehicular and pedestrian traffic movement, or
exacerbate the potential for pedestrian or vehicular conflicts.,
Access shall be to a roadway identified in the Comprehensive Plan as a
collector or arterial or shall be otherwise located so that access can he
provided without generating significant traffic on local residen.
streets.
g.
Any canopy as part of this use shall be compatible with
architectural design and materials of the principal structure.
11
v.
CONDITIONAL USES
1. MOTOR FUEL STATION
Conditions:
.
a.
j
Hours of operation shall be between 6:00 am. and 11:30 p.m.
b. The number of pumps shall not exceed ten (10). For the purposes of
interpreting this section, the word pump shall mean a single nozzle or
outlet on a gasoline dispenser, commonly referred to as a pump which
delivers gasoline into a motor vehicle.
c. The number of service stalls shall not exceed two (2).
d. A Bufferyard "F" shall be constructed along all lot lines abutting
property which is located in an "R" Use District and said bufferyard
shall include at a minimum a wall F6 as described under Section 14:6-4;
said wall shall be adequately maintained. Application of this provision
shall not require a wall within the required front yard.
(Amended by Ord 1915-93 5-3-93)
e. No ingress or egress for the site shall be provided within 30 feet of the
point of intersection of the required yard lines adjacent to intersecting
streets.
f.
.
.
All pump islands, air dispensers and other service devices shall be
installed at least twelve (12) feet off and toward the interior of the lot
from the required yard line, and no display, servicing of vehicles,
parking or dispensing of gasoline shall take place within the required
yard. On sites where pump islands have been constructed at the
required yard line, a landscaped area of eight (8) feet shall be installed
in the required yard.
g. The entire site other than building, required yard, bufferyard, and
other landscaped areas shall be paved.
h. All parking and paved areas shall be graded, designed, and landscaped
in accordance with Section 14:6-1.
i. All on site utility installations shall be placed underground.
j. No outside sale or display shall be permitted except gasoline and other
goods consumed in the normal operation of a car limited to the
following kinds of products: oil, gasoline and oil additives, windshield
cleaner, windshield wipers, tires and batteries. No products shall be
sold or displayed in any required yard nor shall the total display area
occupy more than 150 square feet in area or be more than 5 feet in
height. No other vehicular parts and non-automobile oriented goods
shall be displayed or sold outside.
Modification of the requirement of this section may be made for
service stations in existence on the effective date of this Ordinance, if
the City Council fmds that, because of the shape of the lot, size of the
lot, the location of the principal building on the lot or similar
circumstances, it would be impossible to satisfy the strict terms of this
section or that they could be satisfied only by imposing exceptional or
undue hardship upon the owner of the lot.
k.
1. No public address system shall be audible from any property located
within an "R" Use District.
m. Canopy and canopy support systems shall be constructed using
architectural design and materials which are compatible with the
, nrincinal structure.
.
.
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SECTION 5-5.3 "C-2". COMMERCIAL DISTRICT
A
PURPOSE/EFFECT
The purposes of the "C-2" Commercial District are to allow the concentration of
general commercial development for convenience of the public and mutually
beneficial relationship to each other in those areas located away from residential
areas designated by the Comprehensive Planj to provide space for community
facilities and institutions that appropriately may be located in commercial areasj to
provide adequate space to meet the needs of modern commercial development,
including off-street parking and truck loading areasj to m;n;m;ze traffic congestionj
and to carefully regulate the intensity of commercial development as it refers to
both internal site factors and external impacts.
f((MI-Ht'"Q "",i~ ("c...,J,-HO.1S:
IN-VEmCLE SALES OR SERVICE
Conditions:
a.
Drive through facilities and stacking areas shall notbe located adjacent
to any "R" Use District.
A Bufferyard "D" shall be provided between drive through facilities and
stacking areas and adjacent streets and properties.
Stacking shall be provided for 6 cars per customer service point and
shall comply with all yard and bufferyard requirements.
This use shall only be permitted when it can be demonstrated that the
operation will not have a significant adverse affect on the existing level
of service on adjacent streets and intersections.
The drive-through facility shall be designed so it does not impede
traffic or impair vehicular and pedestrian traffic movement, or
exacerbate the potential for pedestrian or vehicular conflicts.
Access shall be to a roadway identified in the Comprehensive Plan as a
collector or arterial or shall be otherwise located so that access can be
provided without generating significant traffic on local residential
streets.
b.
c.
d.
e.
f.
g.
Any canopy constructed as part of this use shall be compatible with the
architectural design and materials of the principal structure.
D.
USES PERMITI'ED BY CONDITIONAL USE PERMIT
No structure or land in a "C-2" Commercial Use District shall be used for the
following uses except by Conditional Use Permit. Those uses shall comply with the
Commercial Restrictions and Performance Standards of Section 14:5-5.1, all those
general conditions provided in Section 14:6-7 of this Ordinance and with the Specific
Conditions imposed in this Subsection "D", and with any other conditions which may
be imposed by the City Council.
.
1. MOTOR FUEL STATION
Conditions:
a. A Bufferyard "F" shall be constructed along all lot lines abutting a "H"
Use District. The bufferyard shall include a wall "F6" as described
under Section 14:6-4. Application of this provision shall not require a
wall within the required front yard.
b. All pump islands, air dispensers and other service devices shall be
installed at least twelve (12) feet off and toward the interior of the lot
from the required yard line, and no display, servicing of vehicles,
parking or dispensing of gasoline shall take place within the required
yard. On sites where pump islands have been constructed at the
required yard line, a landscaped area of eight (8) feet will be installed
in the required yard.
All parking and paved areas shall meet the grading, design, and
landscaping requirements of Section 14:6-1.
c.
.
d.
All on site utility installations shall be placed underground.
e. No outside, sale or display shall be permitted except gasoline and other
goods consumed in the normal operation of a car limited to the
following kinds of products: oil, gasoline and oil additives, windshield
cleaner, windshield wipers, tires and batteries. No products shall be
.
f.
sold or displayed in any required yard nor shall the total display areb
occupy more than 150. square feet in area or be m<?re t~an 5 feet in
height. No other vehICular parts and non-automobile onented goods
shall be displayed orsold outside.
Any canopy and canopy suppor~ syste~ shall be cons~ructe~ using
architectural design and materials whIch are compatible With the
principal structure.
Modification of the requirement of this section ma~ be ~de f~r
service stations in existence on the effective date of thIS Ordinance if
the City Council fmds that, because of the shape of the lot, size ?f ~e
lot, the location of the principal building on the lot, or simil~
circumstances, it would be impossible to satisfy the strict terms of thIS
section or that they could be satisfied only by imposing exceptional or
undue hardship upon the owner of the lot.
No public address system shall be audible from any property located in
an "R" Use District.
g.
h.
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14:5-5.3 "C-2", COMMERCIAL DISTRICT
i. No outdoor public address system shall be permitted.
J. All customer and employee parking shall be clearly designated and
signed.
k. No motor vehicle transport loading or unloading shall be permitted on
any minor residential street.
1. No display or storage of motor vehicles shall be permitted on any
public right of way.
m. A Bufferyard "C" shall be provided along all public ways and along an
abutting "0" Use District.
n . A Bufferyard "F" shall be installed and maintained along all property
lines of an abutting "R" Use District.
,
o. The storage lot shall be located a minimum of 100 feet from an "R" Use
District.
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3.
MOTOR VEIDCLE SERVICE, REPAIR
Conditions:
a. No public address system shall be audible from any property located
in an "R" Use District.
b. All repair, assembly, disassembly, and maintenance of vehicles shall be
inside a closed building except tire inflation, changing wipers or adding
oil.
c. Test driving shall be prohibited on any street in an "R" or "0" Use
District.
d. Access shall be to a roadway identified in the Comprehensive Plan as a
collector or arterial or shall be otherwise located so that access can be
provided without generating significant traffic on local residential
streets. .
.
e. The building housing the use shall be located a minimum of 100 feet
from any lot in an "R" use district. In the case of an automatic car wash
where the vehicular entrance and exit doors do not face the "R" use
district within 100 feet, the building shall be located a minimum of 95
feet from the "R" use district. (amended by Ord. 1933-93 11-1-93)
A Bufferyard "F" shall be provided along any abutting "R" Use District.
f.
g. Additional conditions for car wash:
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14:5-5.3 "C-2", COMMERCIAL DISTRICT
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v.
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i.
A car wash shall have parking space to permit the stacking of at
least 30 cars or the maximum number of vehicles which can be
washed during a 30 minute period, whichever is greater; plus an
additional 10 off-street parking spaces for employees and
storage of employee owned and washed cars.
Drainage and surfacing plans for a car wash shall be approved by
the Director of Public Works. The plans shall describe the wash
water disposal and sludge removal facilities to be employed to
accomplish dust, salt, and other chemical and mud abatement
on the premises and prevent the accumulation of surface water,
wash water or sludge on the site or in the vicinity of the
premises.
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11.
ill.
All parking and paved areas shall meet the drainage, design, and
landscaping provisions of Section 14:6-1.
No ingress or egress points for a car wash shall be closer than
150 feet from the point of intersection of the required front and
side yard lines adjoining intersecting streets. The exit door
from the car wash shall be at least 45 feet from the public right-
of-way. Drainage shall be away from the public street at the
egress points to prevent spillage onto the street. The grades of
the interior floor shall be sloped away from the exit door, and
said floor shall be sloped to an accepted interior drainage
system. No water which is used in the operation of the car wash
shall be allowed on any public right of way.
iv.
Automatic car washes accessory to a motor fuel station or motor
vehicle service and repair facility shall provide stacking $pace
for at least four cars. Cars located in these stacking spaces I
should not block ingress and egress driveways on the site or I
driveways providing access to gasoline pumps, service bays or
required off-street parking, except that vehicles in stacking I
spaces may block access to parking stalls which are signed for I
employee parking only. All other provisions in subsections i. I
through iv. above shall apply to automatic car washes, except i
that no additional off-street parking spaces shall be required for I
an automatic car wash and ingress or egress to an automatic car I
wash may be permitted within 150 feet of the point of I
intersection of the required front and side yard lines subject to /
the limitations of Section 14:5-5.1.A. 7 of this Ordinance.
(entire v. added by Ord 1933-9311-1-93)
SECTION 14:5-6.2 "0" OFFICE DISTRICT
A
PURPOSE /EFFECT
.
The purposes of the "0" Office District are to provide opportunities for high density
office development in areas outside of commercial districts; to establish and maintain
in portions of the City the high standards of site planning, architecture, and
landscape design sought by many business and professional enterprises; provide
adequate space to meet the needs of modern offices, including off-street parking of
automobiles and where appropriate, off-street loading of trucks; provide space for
semi-public facilities and institutions that may be located in office districts
appropriately; minimize traffic congestion; allow functionally related uses to be
located in relatively close proximity to one another to provide efficient and optimum
use of the land; provide for the coordination of development plans with plans for
transportation, open space, housing, shopping and for the conducting of business and
related activities; to permit flexibility in the placement of height of buildings, to allow
the use of air rights over streets and other easements; to permit joint use of parking
facilities; to achieve coordinated and harmonious development based on performance
standards; and to ensure proper provisions for open space, transit, vehicular and
pedestrian accessibility to properties, and for ingress and egress to major
transportation facilities and to protect offices from the noise, disturbance, traffic
hazards, safety hazards, and other objectionable influences incidental to certain
commercial uses.
fa I't1 ,. H ed /.,....,.../1., k..\ J , + , '"... s.
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IN-VEIDCLE SALES OR SERVICE
Conditions:
a. Drive through facilities and stacking areas shall not be located adjacent
to any "R" Use District.
b. A Bufferyard "D" shall be provided between drive through facilities and
stacking areas and adjacent streets and properties.
c. Stacking shall be provided for 6 cars per customer service point and
shall comply with all yard requirements.
d. This use shall only be permitted when it can be demonstrated that the
operation will not have a significant adverse affect on the existing level
of service on adjacent streets and intersections.
e. The drive-through facility shall be designed so it does not impede
traffic or impair vehicular and pedestrian traffic movement, or
exacerbate the potential for pedestrian or vehicular conflicts.
f. Access shall be to a roadway identified in the Comprehensive Plan as a
collector or arterial or shall be otherwise located so that access can be
provided without generating significant traffic on local residential
streets.
.
g.
Any canopy constructed as part of this use shall be compatible with the
architectural design and materials of the principal structure.
A
SECTION 14: 5-7.2 "I-P". INDUSTRIAL PARK DISTRICT
PURPOSEIINTENT
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The purpose of the I.P Industrial Park District is to provide locations for large and
small scale industrial enterprises engaged in such activities as assembly, storage,.
warehousing and light manufacturing which are not typically associated with high
levels of noise, soot, odors and other potential nuisance impacts upon adjoining
properties in an industrial park setting. The requirements of this district include
relatively low maximum floor area and impervious surface ratios.
IJC(~550) l{s.:..s
Repa"ir and maintenance .of motor vehicles and equipment incidental
to t.h.e conduct of the principal use, subject to the following
conditions:
a. All repairs and maintenance shall be conducted indoors unless
the veh~cle or equi.pment is too large to be moved indoors or if
th~ vehIcle .0: eqUIpment cannot practically be moved indoors
or if the reparr IS of an emergency nature.
b. No outside repair or maintenance shall be conducted within
100 feet of an "R" Use District.
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SECTION 14:5-7.3 "I-Gn, GENERAL INDUSTRIAL DISTRICT
A
PURPOSE/INTENT
The purpose of the I-G General Industrial District is to provide locations for large and
small scale industrial enterprises engaged in such activities as manufacturing,
processing, assembly, storage and warehousing.
f e ( ft\ I'M ~D \.V i 11.... l..e .., J /"1- '-0 n -:: .
AUTO BODYfPAINTING
Conditions
a. Inoperable vehicles shall be stored in appropriately designed and
screened storage areas.
The facility shall be located a minimum of 300 feet from any parcel in
an "R" Use District.
No sales, storage or display of used automobiles shall be permitted.
A Bufferyard "F" shall be installed and maintained adjacent to any
public way.
b.
c.
d.
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MOTOR VEmCLE SERVICE, REPAIR
Conditions:
a. No sound generated on the site by any means including a public
address system shall be audible from any "R" Use District.
b. All repair, assembly, disassembly, and maintenance of vehicles shall be
inside a closed building except tire inflation, changing wipers or adding
oil.
c. No test driving shall be permitted on any street in an "R" or "0" Use
District.
d. No access shall be permitted on local residential streets.
e. No building shall be located within 100 feet of any lot in an "R" Use Distri
f. A Bufferyard "F" shall be provided along any abutting "R" Use District.
g. Additional conditions for car wash:
1. A car wash shall have parking space to permit the stacking of at
least 30 cars or the maximum number of vehicles which can be
washed during a 30 minute period, whichever is greater; plus an
additional 10 off-street parking spaces for storage of employee
owned and washed vehicles.
n.
Drainage and surfacing plans for a car wash shall be approved
by the City. The plans shall describe the wash water disposal
and sludge removal facilities to be employed to accomplish dust,
salt, and other chemical and mud abatement on the premises
and prevent the accumulation of surface water, wash water or
sludge on the site or in the vicinity of the premises.
ill. All parking and paved areas shall meet the drainage, design, and
landscaping provisions of Section 14:6-1.
iv. No ingress or egress points for a car wash shall be closer than
150 feet from the point of intersection of the required yard lines
and intersecting streets. The exit door from the car wash shall
be at least 45 feet from the public right-of-way. Drainage shall
be away from the public street at the egress points to prevent
spillage onto the street. The grades of the interior floor shall be
sloped away from the exit door, and the floor shall be sloped to
an accepted interior drainage system. No water which is used in
the operation of the car wash shall be allowed to flow from the
site onto any public right of way.
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D.
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USES PERMI'ITED BY CONDITIONAL USE PERMIT
No structure or land in an I-G General Industrial Use District shall be used for the
following uses except by Conditional Use Permit. Those uses shall comply with the
requirements of all the general conditions provided in Section 14:5-7.1 and Section
14:6-7 of this Ordinance and with the specific conditions imposed in this Subsection
"D".
1. MOTOR FUEL STATION
Conditions:
a. A Bufferyard "F" shall be constructed along all lot lines abutting an "RIt
Use District. The bufferyard shall include a wall "F6" as described
under Section 14:6-4 which shall be adequately maintained.
Application of this provision shall not require a wall within the
required front yard.
b. All pump islands, air dispensers and other service devices shall be
installed toward the interior of the lot at least twelve (12) feet from the
required yard line, and no display, servicing of vehicles, parking or
dispensing of gasoline shall take place within the required yard. On
sites where pump islands have been constructed at the required yard
line, a landscaped area of eight (8) feet will be installed in the required
yard.
All parking and paved areas shall meet the grading, design, and
landscaping requirements of Section 14:6-1.
d. All on site utility installations shall be placed underground.
c.
e. No outside sales or display shall be permitted except for goods
consumed in the normal operation of a car such as oil, gasoline, oil
additives, windshield cleaner, windshield wipers, tires and batteries,
and other such products shall not be sold or displayed in any required
yard nor shall the total display of anyone or any combinations of such
products occupy more than 150 square feet in area or more than 5 feet
in height. No other vehicular parts and non-automobile oriented goods
shall be displayed or sold outside.
f. Canopy and canopy support systems shall be constructed using
architectural design and materials which are compatible with the
principle structure.
g. No sound generated on the site by any means including a public
address system shall be audible from any "R" Use District.
h.
Modification of the requirements of this section may be made for
service stations in existence on the effective date of this Ordinance,; if
the City Council fmds that, because of the shape of the lot, size of the
lot, the location of the principal building on the lot, or similar
circumstances, it would be impossible to satisfy the strict terms of thiS
Section or that they could be satisfied only by imposing exceptional or
undue hardship upon the owner of the lot. '