Loading...
09-23-91 PC Agenda - -- � i � � � I I I I • GOLDEN �IALLEY PLANNING COMMISSION i Regular Meeting i � � GOIDEN VACLEY CITY NALL I Council Chamber, 7800 GoTden V�.11ey Road I :�olden Valley, Minnesota� � i . i Septe�sbe.r 23; 19�1, ! 7:OOp.m. '� � AGENDA � � I:' APPR�YAL QF MINU�ES - August 26, 199I � '- II: :� AIN�NDM�NT� TO THE INDU.STRIAL ZONING DISTRICT - TEMPORARY. RETAIL :SALES • III. AMENDMENT TO VARIQUS S�CTIO�IS OF TH� ZONING CODE - "ESSEN`TIAL SERVI'CES'" � AS PERI�ITTED OR ACCESSORY USES I V. R�RqRTS ON MEETINGS OF THE HOUSING AND REDEVELOPMENT AUTHORITY, CITY COUNCIL AND BOARD OF ZONING APPEALS i °:'`'- . VI'. � ' �Q�`1��R �lt:S�INESS : � I � ; >�VIi: �A�1'�JQU[�N�IENT. ; i I I i I � � � i � i • i � � � � � i � _. LL � MINUTES OF THE GOLDEN VALLEY PLANNING COMMISSION � August 26, 1991 A re�ular meeting of the Planning Commission was held at the Golden Valley City Hal l°�j Co�nci 1 �k��amb�r, 7800 �o�'de�n M��I�i ey Road•, �Gol c�en Val l ey, Mi nrr�sota. The ��meeting �ias ca$�ed to order by� Chair �fc�lleese a���7:00p.m. � � - :. .��:. � "�ho�e� 'present were:� Groger,� Kap���r,- Lewi��"'•�Mc�le�se, McCracken-Hunt and '. 'Pr�z�k;` absent was Johnson. �"1 so- pre�s'ent were Ma�`rk �rim�s; Di rector of Pl anni ng and Development; Beth Knoblauch, City Planner and Mary Dold, Secre�'�ry. . .. • , . . � � ��.�- ' ,A�prov�l of Minutes -- J'uly 22, 199�1 � . : _,.. , ,��>. . � , . .. ' �° ��� : ... : �` 'IdIOVE�`�b� Kapsner;�� seconded Groger and �o�ion carr�ied unanimousT'y to approve the July 22, 1991 as submitted. � � { vc, � . II. Informal Public Heari�ng - Subtl9�ision/Reioning 'J `�' =� Applic�nt: The Egan Comparfies � � : . . . Address: 7125 & 7155 Medicine Lake Road, Golden Valley, MN : , •<<.. y,� Request: A rezoning of the property at 7125 Medicirre� Lake Road • from Open Development to Industrial and a consolidation of the properti�es at-�7125 and 7155 Medicine �.��ke Road to form a si ngl e pat^cel of 1 and.- Chair McAlee'se introduced the agenda item and asked Mark Grimes, Director of Planning and Development, for a brief summary of the request. Mr. Grimes gave a summary of the rezoning and subdivision requests for these properties stating that preserrtfl�-the site at 7�125�''Med�i�ci ne L-ak� �R�oatF-�i's zone�"=�l`pen Dev�l�pment and the rezoning ,would be to Industriall and the(yn consolidate the lots. � ! °Y1 1.� ' .J �`Pl_ .i�. . . '�. .i. ' � � , The lot at 7125 Medicine Lake Roact�•i� a °non�pl at'�-�'d� �roper�ty, ther�efore, the consolidation must go through the full subdivision procedure rather than the minor: s�t,�idi`vi�ion�'�pro�cedure: = C�"an'.'�'g'i���s'or���f�r wa�it�i`ng''the �r�e��i�i�i�i� an� sub- divi�sibn is �o �xpari'd =t�eir °pr�e��nt �o�e��at"�"o�i��i��ate�& an''�t�i+�'�7���' "lb�. ., 3:1�'�fi^" .". ,� C'.:.a F�,',��ro � r . . i'. .:':i'�u `i7.:}�t4z: . Beth Knoblauch,. City Planner� commented the Comprehen_sive Plan Map indicates Open `Devel o�m+ent fis d���gnat'�d Indu�ltri a1=.� �(s: LKnobl auch"�1 so� s�ated tk�at the house on the lot at 7125 Medicine �ake Roa'� '�"s'�'[i�'i�r�g� used by the' �ire department for drills and will be burned down on Wednesday, weather permitting. Commissioner Kapsner asked why the County wanted the extra seven (7) feet of right-of-way for Medicine L ake Road and would the owner be compensated. The County requested this additional right-of-way in a letter to the City. Mr. Grimes stated this request is standard procedure and the owner would not be com- pensated at this point in time. • Chair McAleese asked about the other recommendations found in the letter from the County and Mr. Grimes said that the other recommendations are minor and com- mon to other recommendations made by the County in similar subdivisions along County roads. Minutes of the Golden Valley Planning Commission August 26, 1991 P age Two • The representative for The Egan Companies, Ken Benson, was present. He had no further comments but asked Mark Grimes what the footage was for a front setback. Mr. Grimes stated it was 35 feet. If the County takes the requested seven (7) feet then the setback would be moved back seven feet. Mr. Benson reviewed a plan showing the remodeled gas station and new building. MOVED by Prazak, seconded by Kapsner and motion carried unanimously to recommend approval to the City Council for rezoning of the property at 7125 Medicine Lake Road from Open Development to Industrial . MOVED by Prazak, seconded by Kapsner and motion carried unanimously to recommend approval to the City Council for consolidation of the properties at 7125 and 7155 Medicine Lake Road to form a single parcel of land. III. Consideration of Rewordin of an Amendment to the Zonin Code, Cha ter 1 Sect�on . 0, ubd vision Chair McAleese ask staff to give a brief summary of this agenda item. Beth Knoblauch, City Planner, commented that the Planning Commission had seen this amendment at the June 24th meeting. The Commissioners requested that staff talked with the City Attorney for rewording of this amendment. MOVED by McCracken-Hunt, seconded by Groger and motion carried unanimously to • recommend to the City Council consideration of the rewording of this amendment to the Zoning Code. IV. Re orts on Meetin s of the Housin and Redevelo ment Authorit Cit Counci and Boar o Zoning ppea s Commissioner Groger briefed the Commission on the action taken on the Lazniarz's request for a minor subdivision and Accessible Space's request for a rezoning stating that both requests were turned down by the City Council . Commissioner McCracken-Hunt gave a brief summary of the BZA meeting of August 13th. Mark Grimes summarized the City Council meeting of August 20th commenting directly on the topic of the Winnetka Avenue Improvements project. V. Other Business No other business was presented. VI. Adjournment � The meeting was adjourned at 8:OOp.m. by Chair McAleese. Jean L�wis, Secretary MEMORANDUM � DATE: Sep�ember 18, 1991 T0: Golden Valley Planning Commission FROM: Mark W. Grimes, Director of Planning and Development SUBJECT: AMENDMENT TO THE INDUSTRIAL ZONING DISTRICT (CITY CQQE SECTION 11.36, Subd. 3) TO ALLOW TEMPORARY RETAIL SALES The City occasionally receives requests from various civic organizations or private parties to hold �emporary retail sales in the Industrial Zoning District. The Zoning Code currently does not permit any type of retail sales in the Industrial District, therefore, all such requests have been denied when they have come to the staff's attention. Recently, the American Cancer Society (ACS) approached the staff to hold their "World's Largest Garage Sale" in the empty or near empty PAKO building at the northwest corner of TH. 55 and Douglas Drive. The owner of the building, R.L. Johnson, has agreed to provide the space to the ACS at no cost. The sale is set for October 8-12, 1991. In this case, the staff believes that the request is legitimate and can be held at the PAKO site with minimal problems because the ACS is a very responsible organization that will work with the staff to � insure the sale will not have a significant effect on the area. However, the Zoning Code does not permit such sales at the current time. After consultation with the City Attorney and other staff ine�bers, the Planning staff is recommending an amendment to the Industrial Zoning District that would permit temporary retail sales on a limited basis. The staff and attorney believe that the proposed ordinance will allow the sales to be held without having a significant impact on the adjacent areas. I am enclosing a copy of the ordinance which is self explanatory. There are a couple of points I want to highlight, they are: 1. Temporary Retail Sales are permitted uses in the Industrial Zoning District if they qualify under the terms of the Ordinance. If they qualify, the Director of Zoning and Comrnunity Services issues a permit. 2. Temporary Retail Sales is only permitted in the Industrial and not the Light Industrial District. This may cause some concern � the Light Industrial District specifically prohibits any kind of retail sale and the Industrial District does not. 3. The Ordinance allows the sales to be immediately suspended if the sale is in violation of the terms of the permit. MWG:mkd � Attachment: Ordinance - Temporary Retail Sales Amended Zoning Changes r��n o�ai 4: fLnllnUnll va, l4� a�.,i s���,�a i�v, u i , c ORDiNANC� N�. , 2N0 SERIE$ AN ORDINANCE AMENDING THE CITY CObE • � (AMEN�MENT TQ THE CITY CODE ADDING TEMPORARY RETAIL SALES AS A PERMITTED USE !N lNDUSTRIAL ZONING DlSTRlCT) The City Couz�cil fOr the City of Golden `Val�ey hereby ordains : Section 1. City Code SeCtion 1Z.36, entitled "YNDUSTRTAL ZOIVING DISTRICT� hereb�r is amended in Subd. 3, "Permitted Uses" by addzng the �ollowing; R. xernparary Retail Sales in accor�ance wfth Subdivision lI of this section. S�ction�, 2. City Code Sectian 1�..36, entit].ed "INDUSTRIAL ZONTNG DISTRICT" is hereby amended by adding Subd, 11 as follows: Subd. 11. Tem orar Retail Sales . A, Temparary retai]. sa3es shall incluc3e on�y the retail saies contemplat�d by the pe�mitted uses in the Commercial Zon.ing Distr�cfi . Retazl sales contemplated by the conditional uses in the Cflmmercia]� Zdning District are excluded. • B. Any p�rson seeking �o op�rate a temporary retail sal� in an 9.nc�ustraal distric� shall apply for a perrnit ther�fpr from the Director of Zoning and Community Services , A cvmple�ed app�ication must be subm�tted at least twa weeks prior to the CO(C1tCtEriC�m�nt of the temparary retail sa3e. The Director of Zoning and Cammunity Services will issu� a permit on�.y after it is dstermined that the application me�ts a3.1 requixemer�ts of this subdivision. The permi� application shall ir�clude the follpwing: 1. The persan(s) operating the retail sale and his or its address and t�Iephone number. If a carporation, th� state of inc�,rporation shall be p�ovided along with a list of the nam�s �nd addresses of the officers and princi�pal shareholders thereof. 2. The names and �ddresscs oF the owner(s) of the ].ot or site on which the sale i.s to take place (sales �remises) and groof that the owr�er(s) has authari�ed th� teraporary retail sale. 3. The exact dates and hours af �peration ot th� pr�posec3 sale. 4 . The name of �he person who wili manag� the temgozary • sale on �he site and the names of emplv�ees who will work at i.t. S- A p�rking plan which indiGates adequate available parking on the sa�e premises durin� its propased h�urs of apera��on. Th� plen must alsa �ndicate adequate parking for �ny othex business�s located on the same � s�le premises . If adequate garking is n�t indicate� on the parking plan in the opinion of the Directar of Zoning and Community Services, a permit will not be �ssued �or the tempprary retail sale. �. A vehicle circu�ation an� street a�cess plan which s�all be subm�tt�d Eor rev�ew by the D�rectpr a£ Public Sa£ety. it shall include acceptable m�thoas of �ccess to the sale premises and accept�ble tx�ffic control measures to ensure sa£ety of those entezing and e�zting the sale premises, The operator o£ th� sale must provide at his or her cost ali txaffic contrdl .measures recammended by the Director af �ublic Safety which may include the h�ring o� qualified persons to control traffi�. If an acceptabl� vehicle circulation and streEt access p3an is not providefl in the op�nion o� the Dir�ctor of Public Sa�ety, a permit will not be issued for the temporary retail sale. � 7• A nonrefundable permit fee, established by City Council R�salution. 8 . A written author�zation for the sal� �rom the proper�y owner(s) , together with the property owne� ' s certi£ication that he has given notification of thQ • sale ta alI oth�r tenants o£ the building or site in which the sale is ta take piace. 9 . Proof that a11 applicable licenses and ap�rovals fram the City, H�nnepin County or oth�r governmentai units have been abtained. C. Na site may be used £or a temporar� retail sal� f�� more tnan five {5) consecutive �ays and a total o� fifteen (15) days in any one caZendar year. D. The plans for the temporary r�tail sal� shall be appr��ed by the Fire Marshall in order to insure tha� all fir� an� safety codes are met. Yf they are not so approved, a p�rmit fpr such sa�e will not be issued. E. The ternparary retail sale sha�l not interrupt vehicular circulation on the site o� abstruct parking spac�s n�eded by permanent businesses established on the site. F• fihe t�mppra�y r�tail sale sh�ll take pla�e only insid� a bu�lding. G, Signs in exe�ss �f the signage pe�mitt�d under dther vections of this code sha11 be perrnitted for the temp�rary r�tail sale. Such signs �h�1� be lacated on�y on the sale � -2- . . - - -- •- ..., . . , premises, sh�11 be 32 squar� feet or �ess, shali b� approved b� th� Uirector o�' Zoning and Community S�rvices, and shall b� erected and secu�ed in a pl�ce and manner appr�ved by the • D�rector �af Zoning and Cc�mmunity Service�. The square faot limitatian �pplie5 to �11 signs associ�t�d with the temporary retai.3 sale includ%ng those attached to v�hi�l.es. The signs far th� temporary retaYl sal� shall be erected na mQre th�n �18 k�c�urs �ari�r to the cort�mencemen� of the sa].e and sh�].1 be �emoved within 24 hours after the tempor�ry retail sale ends. H. Sa].e hou�s shall be be�ween 9:40 a.m. to 9 :00 p.m. �. The permit for a tem�4rary retail sale shall be imrnediate].y revoked lay the I7irector of Zt�n�.ng and Cornmunity Services or his designee if any at the �ol�.owing occur: 1. F��,lure to meet any conditions Qf the permit. 2. Failure tc� provid� adequate off-stre�t s��.�� which o£f-s�reet Parking for the operatian of of.her businesses�onQth�nprein�,s�s� �he � . Fail.ure td prc�vid� safe ingxes� �nd egress ta �he s�te. 4 • Failure to provi.de fire and safety praviszor,s req�.ired by the City Code. 5. Failure to obtain a�.I applicabl� Iicenscs and • a�aprovals from governmental units . �. Fai].ure ta compiy wi�h any prt�visivns C�� this subdivisian. Section 3 . Chap��� 1 and Sections 1.1.fl1, 13. 0�, 11. Q3 and 11.99 0� the City Cr�de are hereby adapted iz� th�ir en�ixe��°, b� �'�'f��'����. as t�aough repeated vezbatfm herein. Section 4 . This b�dinance shall take effect and l�e in force frt�m and after i.ts passage and publicatiQn. �assed by the City Counc�.]. this �ay of 1991. , La�zy A. Bakk�n, Mayor ATTEST: Shirley J. N�lson, Ci.ty �1�rk Publishec3 in the New Ho�e-Golden valley� l�ost NEw�s on , 1�91. • � sa�v -3- 9 O r]�_f+r!_9 C'r +,n . n r, �..� .-. ' ' SEC. 11.36. INDUSTRIAL ZONING DISTRICT. Subd. 3. Permitted Uses. The following uses are permitted in the � Industrial Zoning District: K. Temporary Retail Sales, as re ulated bv this Section. Subd. 11. Temporary Retail Sales Requirements. A. Temporary Retail Sales shall be overned b the followin requirements• 1. Any parcel may be used for temporar retail sales for no more than five (5) consecutive days and a total of 15 days in any one calendar year. 2. The erson conductin the tem orar retail sale shall have written authorization from t e ro ert owner s . The o erator of the tem orar retail sales shall notif other tenant s on the lot or in the struc- ture where the retail sale is to take place. 3. Any temporary retail sale shall not interrupt vehicular circulation on the site or lot or obstruct parkinq spaces needed by permanent businesses established on the site or lot. 4. A parking plan shall be submitted to the Director of Zoning and Community Services which indicates that there is adequate parkin on • the lot for the temporary retail sale during its proposed hours of operation. This plan must ta e �nto consideration the other businesses on the lot that ma share parking facilities. If adequate parking is not indicated on the parking plan in the op�nion of the Director of Zonin and Community Services, the tem- porary retail sale will not be permitted. 5. A vehicle circulation and street access lan shall be submitted to the Director of Public Safet . This lan s all indicate the safe methods of ingress and egress to the site. The plan shall inclu e traffic con- trol measures that must be taken to insure safety of those enterin and exitin the site. The operator of the sale must provide, at his or her cost, the traffic control measures recommended by the Director of Public Safety. This ma include the hiring of qualified persons to control traffic. If the Director of Public Safety is not satisfied with the vehicle circulation and street access plan, the temporary retail sale will not be permitted. 6. The o erator shall have the lans for the tem orar retail sale approved by the Fire Marshal in order to ensure that al fire and safety codes are met. 7. The operator of the temporary retail sale shall secure all applicable licenses and approvals from the Cit , Hennepin County or other appropriate �urisdictions. 8. The temporar� retail sale shall occur only inside a • building. § 11.36 9. The temporary retail sale shall be limited to one siqn in • excess of signage normally allowed on a lot or on a structure. The sign shall not exceed 32 sq.ft. This si n shall have a professional appearance and be approved by the Director of Zon�n and Communit Services. It shall be erected and secured in a place and manner approved b the Director of Zonin and Community Services. The sign s sq.ft. limitation applies to all siqns asso- ciated with the temporary retail sale including those attached to vehicles. Signs for the temporary retail sale shall be erected no more than 48 hours prior to the be inning of the temporarY retail sale and removed within 24 hours after the temporary retail sale ends. 10. Sale hours shall be limited to 9:OOA.M. to 9:OOP.M. 11. The o eration of the tem orar retail sale shall a 1 for ermit from the Director of Zonin and Communit Services to o erate t e temporary retai sale. The application must be submitted two wee s prior to the beginning of the temporary retai sa e. T e Director of Zonin and Community Services will issue a ermit after it is determined that the a lication is in order. The permit app ication s al include the followin a a. Name of o eration. b. Name of owner s of parcel and proof owner(s) has approved temporary retail sale. c. Letter from the Director of Zonin and Communitv Services indicating approval of the parkin plan. d. Letter from the Director of Public S afety indicatin • approval of the vehicle circulation and street access plan. e. Letter from the Fire Marshal indicatin approval of the building for temporary retail sale. f. Exact date and hours of operation. 12. A fee, established by a City Council Resolution, shall be submitted when the operator of the temporary retail sale applies for the ermit. 13. Failure of the operator to meet an of the conditions of the permit shall be �rounds for the immediate revocation of the permit. • � MEMORANDUM DATE: September 19, 1991 T0: Golden Valley Planning Commission FROM: Mark W. Grimes, Director of Planning and Development SUBJECT: AMENDMENTS TO VARIOUS SECTIONS OF THE ZONING CODE TO ALLOW "ESSENTIAL SERVICES" AS PERMITTED OR ACCESSORY USES The staff has prepared the attached changes to the Zoning Code in order to accommodate the construction of communication towers (including cellular towers) up to 120 ft. in height. The staff has struggled with the best method to permit these towers. The staff believes that the prepared changes are a reasonable approach to permitting such towers. The proposed code changes creates a new term -- "Essential Services" that is used to define public utility structures and facilities. The definition has � three classes. Class I are essential services such as pipes or wires for phone lines, electric lines and water and sewer pipes. Class II essential services are public utility facilities that include towers up to 120 ft. in height. This would include cellular telephone, radio and television towers. Class III essential services are electric peaking station, switching stations and towers for radio, television and cellular telephone not to exceed 300 feet in height. The code changes permits Class I "Essential Services" in all zoning districts since they are needed to serve all types of uses permitted in the City. Class II "Essential Services" are permitted as an accessory use in the Industrial , Light Industrial , Business and Professional Office and Commercial Zoning Dis- tricts. Class III "Essential Services" are permitted in the Light Industrial and Industrial Districts with certain restrictions regarding distance from residential property. The staff prefers this method of dealing with "Essential Services". It elimi- nates the use of conditional use permits by permitting each class of "Essential Services" in one or more zoning district. MWG:mkd attachment: Zoning Code Changes • CHAPTER 11 LAND USE REGULATION (ZONING) • SECTION 11.01. PURPOSE. It is the purpose of this Chapter to regulate land use within the City, including location, size, use and height of buildings, the arrangement of buildings on lots and the den- sity of population within the City, and for the purpose of promoting the health, safety, order, convenience and general welfare for all citizens of the City. Source: Ordinance No. 609 Effective Date: i1-11-83 SEC. 11.02. INTERPRETATION. For the purposes of this Chapter, the following definitions shall be used in the interpretation of the provisions of this Chapter. Words used in the present tense shall include the future tense, the singular number shall include the plural , the plural the singular; the word "person" shall include a firm, association, organization, partnership, trust, company, or cor- poration; the words "used" or "occupied" include the words "intended, designed, or arranged to be used or occupied"; the word "shall " or "will" is mandatory; and the word "may" is permissive. Any other words used and not defined herein shall be construed as having the commonly accepted meaning as defined in a standard dictionary. SEC. 11.03. DEFINITIONS. • 1. "Accessory Use or Structure" - A use or structure subor- dinate to the principal use of the land or a building on the same lot and serving a purpose customarily incidental to the principal use or structure exce�t as provide for in Essential Services. 2. "Affected Persons" - Any or all persons who own property located within 500 feet of the subject Premises under zoning review. 3. "Alley" - A public or private way affording only secon- dary means of access to abutting property. 4. "Apartment" - A room or suite of rooms in a multi-family or multi-use building arranged and intended as a place of residence for a single family or a group of individuals living together as a single housekeeping unit. 5. "Apartment Building" - Any building or portion thereof which is designed, built, rented, leased, let or hired out to be occupied, or which is occupied as the home or residence of three or more families living independently of each other and doing their own cooking in the said building, and shall include flats and apartments. GOLDEN VALLEY CC 197 (6-30-88) • p § 11.03 � 6. "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. 7. "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. 8. "Basement" - That portion of a building with at least three walls having at least one-half (1/2) or more of their floor-to- ceiling height underground. 9. "Buildable Area" - That area of a lot which is exclusive of all yards and within which the principal building must be constructed. 10. "Building" - Any structure for the shelter, �• or enclosure of persons, animals, ^"°*�°�; or property of any kind. �a+�- wt�e� �e�ra#�� ��,�i�;-v��}� ,..�;�-s-;:T „+ ,,.,ep�h;,;�s, eac-la ...,�+;,,.. ..� -���a ti,,,-�;,;� �e �e���^a�te�'�.,�+a'��ee�°�-�se�°��e �.,,-�� 11. "Building, Height of" - The vertical distance above "grade" as defined herein to the highest point of the coping of a flat roof, or to the deck line of a mansard roof or to the average height of the highest gable of a pitched roof or hipped roof. The measure- • ment may be taken from the highest adjoining sidewalk or ground sur- face within a five (5) foot horizontal distance of the exterior wall of the building, when such sidewalk or ground surface is not more than ten (10) feet above grade. 12. "Business" - Any occupation, employment or enterprise wherein merchandise is exhibited or sold, or which occupies time, attention, labor and materials, or where services are offered for com- pensation. 13. "Car Wash" - A building and/or premises used principally for washing and cleaning automobiles, using either manual or automatic production line methodso 14. "Cemetery" - Land used or intended to be used for the burial of human dead and dedicated as a "cemetery" for such purposes. Source: Ordinance No. 585 Effective Date: 1-14-83 15. "Child Care Facilities" - A service provided to the public in which children of school or pre-school age are cared for during established business hours. Source: Ordinance No. 712 Effective Date: 6-23-88 � GOLDEPI VALLEY CC 198 (6-30-88) P § 11.03 35. °Essenti al S21"V'I C2S° - Th�„�iza-�c-'�r�^��rs�lic�i-v^n� • �ld-�v���-0�n v� �n..�r��- � �I n v�Inn•.il 1 n�l- 'n l �fI'�'F1'��}�C7-QT'C�OT�Q�'�C'ITfC��Q� � .l�lT ) � ! � �a�-1—o-�^e��e�--ge�e���e�ca-�s� Structures or faci 1 i ti es owned � a government entity, a �non�ro�fit organiza�a �cor ora�ion, or � ot err�i enti ty e�i ne�c as a- pu61 c ut i ty; an use�i n connecti on wi th the co� e1 t on,�icefivery,generation�duction, storage, or trans- m�ssion o e ectric—i y electronic signa s, gas, oi-°� , sewage, or water. ATso, antennas an s�orting structures o�r t�smission ��l u�av�te e�e, r�a i o, or te evi si or�gnal s to the enera up b i c• ssenti—al servi c' es sha�'1 e ro en o�nto c�asses as �oTT ows: — Class I - �ipes or wires for cable television, electric op wer, gas, sewer,teTep�ione or water services; together wit �su orting o es or structures anTnecessary related e ui ment�focate� wit in a pu�ic right=of-way or uti�ity easement an in�fu f con- o�rmance wit any app ica e �ocal ,state, or ederal regula- tions. — Class II - Public utiiity facilities �com pletely��� enclosed within ub � ings not to exce�e 1-2 feet in eigh— t��0 square feet n gross f oor area; or cel�ular te�ep o�e,ra�icio, or television signal transmiss on towers not to ex� l�eet in eig t as measure rom t e groun eve1� to t�g�iest p io nt of t�e struc- • tures inclu�ing antenna),an� inc�icu ing necessary e ui ment comp ete y enc ose wit in b�u 1 ina' gs not to excee 2 eet in heig� ht or 6�s q u a re feet in gross floor area. — — Class III - �Peakin_� stations; subs'tations; switching stations; ceT�ular telep o� ra�io o te evision sign�a transmis—° sion towers not to exceed�eet in eig t, a�ic.n relat�e�ui ment_; an�'associ ated o�'�i ce or te�c ini ca�i ti es for any of t�— prece in�g — — — — 36. "Family" - One or more persons each related to the other by blood, marriage, or adoption, or a group of not more than five (5) persons not all so related, maintaining a common household and using conmion cooking and kitchen facilities. 37. "Floor Area, Gross" - The sum of the gross horizontal areas of the floor(s) of such building or buildings measured from the exterior faces and exterior ells or frorn the center line of party walls separating two buildings. Basements devoted to storage and space devoted to off-street parking shall not be included. Source: Ordinance No. 585 Effective Date: 1-14-83 38. "Foster Family Home" - Family home licensed by the State • of Minnesota to care for up to seven children under 18 years of age (including the family's own children under 18 years of age). Source: Ordinance No. 653 Effective Date: 4-12-85 GOLDEN VALLEY CC 201 �11.03 39. "Garage, Private" - An attached or detached accessory • building designed or used for the storage of motor-driven vehicles not more than two (2) of which are owned by other than the occupants of the main building. 40. "Garage, Public" - Any building or portion of a building, except that herein defined as a private garage, used for the storage of motor vehicles, or where any such vehicles are kept for remuneration or hire; including the sale of gasoline, oil and accessories. 41. "Garage, Repair" - Any facilities for the repair or maintenance of motor vehicles, but not including factory assembly of such vehicles, auto wrecking establishments or junk yards. 42. "Grade" - The lowest point of elevation of the finished surface of the ground, paving, or sidewalk within the area between the building and the property line. For the purposes of this Chapter, "grade" shall be measured from the street side of a property to within five feet of the building. • GOLDEN VALLEY CC 201A (6-30-88) P � § 11.03 conditions or (2) any alteration of a structure listed on the National � Register of Historic Places or State Inventory of Historic Places. 91.5 "Tower" - A structure whose function is to support and elevate an antenna. In �1 cases, the height of a tower shall be measured from the round level regardless of whether the tower is mounted on another structure or building, and said �hei�ht shall also include � ortion of t� antenna which extends above the highest reach of the tower itself. 92. "Townhouse" - Single family attached units in structures housing two (2) or more dwelling units, contiguous to each other, only by the share of one common bearing wall , such structures to be of the town or row house types as contrasted to multiple dwelling apartment structures. No single structure shall contain in excess of eight (8) dwelling units and each dwelling unit shall have separate and indivi- dual front and rear entrances. Source: Ordinance No. 585 Effective Date: 1-14-83 92.4. "Trade School or Training Center" - A place where edu- cation or instruction is regularly provided to groups of persons aged 16 (sixteen) or older in areas including but not necessarily limited to the following types of occupations: assembly or production, busi- ness or clerical , computers, cosmetology or hair styling, electronics • or mechanics, real estate, or skilled crafts. Training in adult literacy, employment skills, or personal improvement shall also be included. Source: Ordinance No. 53, 2nd Series Effective Date: 1-24-91 92.5. "Truck/Van Terminal" - A building used as a relay sta- tion for the transfer of a load from one commercial hauling vehicle to another, or for the dispatching of service, delivery, or messenger vehicles. The terminal facility may include office/employee areas, or storage/repair areas for vehicles associated with the terminal . Source: Ordinance No. 50, 2nd Series Effective Date: 11-22-90 93. "Usable Open Space" - A required open ground area or terrace area on a lot which is graded, developed, landscaped and equipped, and intended and maintained for either active or passive recreation, which is available and/or accessible to, and usable by all persons using or occupying a building or premises. Roofs, driveways and parking areas shall not be regarded as usable open space. . 94. "Use" - The purpose or activity for which the land or building thereon is designated, arranged, or intended, or for which it is occupied, utilized or maintained, and shall include the performance of such activity as defined by the performance standards of this • Chapter. GOLDEN VALLEY CC 209 § 11.03 • 95. "Warehouse" - A place where the storage of materials or equipment is carried on within an enclosed building as a principal use, including parking and crating of materials and/or products for later distribution. GOLDEN VALLEY CC 209A (4-1-91) P � . § 11.21 B. Inconspicuous real estate signs and "for sale" � signs, relating to the property upon which they are located, and of not more than 4 square feet in area. C. Rental of rooms to not more than two people for lodging purposes only. D. Name plates not exceeding one square foot in area. E. Accessory buildings, as defined in this Chapter. F. Garages, as defined in this Chapter. Source: Ordinance No. 544 Effective Date: 6-26-81 G. Residential facilities serving six or fewer per- sons. Source: Ordinance No. 653 Effective Date: 4-12-85 H. D�y care facilities licensed by the State of Minnesota serving 12 or fewer persons, in accordance with Minnesota Statutes Annotated 245.812, Subd. 3. Source: Ordinance No. 673 • Effective Date: 12-27-85 I. Manuf actured homes, as defined in this Chapter. Source: Ordinance No. 642 Effective Date: 11-16-84 J. Foster family homes. Source: Ordinance No. 653 Effective Date: 4-12-85 K. Home occupations, as regulated by this Section. Source: Ordinance No. 669 Effective Date: 11-15-85 L. Essential Services - Class I Subd. 4. Lot Requirements For Platting. All lots located within an approved plat shall be regarded as buildable lots. Tracts, or parcels of land, described by metes and bounds may be regarded as buildable lots provided they are at least 12,500 square feet in area and at least 100 feet in width at the building setback line. � GOLDEN VALLEY CC 215 § 11.21 Subd. 5. Lot Area, One Family. In the Residential � Zoning District a platted lot of a minimum area of 10,000 square feet (and a minimum width of 80 feet at the minimum required front setback line) shall be required for one family housed in one building. Subd. 6. Unplatted Property. No dwelling or accessory building shall be erected for use or occupancy as a residential dwelling on any tract of unplatted land which does not conform with the requirements of this Section. Source: Ordinance No. 544 Effective Date: 6-26-81 Subd. 7. Setback Requirements. The following building setbacks shall be required in the Residential Zoning District: A. Front Setback. The required front setback shall be 35 feet from the front property line and 35 feet from any side or rear property line which is also a street or road right-of-way line, but this requirement shall not reduce the building width of any corner lot to less than 22 feet at the ground story level . Source: Ordinance No. 642 Effective Date: 11-16-84 B. Rear Setback. The required rear setback shall be • 20 percent of the lot depth. C. Side Setback. The distance between any part of a dwelling or structure and the side lot lines shall be governed by the following requirements: l. In the case of lots having a width of 100 feet or greater, the side setback shall be 15 feet; 2. In the case of lots having a width greater than 70 feet and less than 100 feet, the side setback shall be 15 per- cent of the lot width; 3. In the case of lots having a width of 70 feet or less, the North or West side setback shall be 10 percent of the lot width, and the South or East side setback shall be 20 percent of the lot width. Subd. 8. Corner Visibility. Between the right-of-way lines of intersecting streets and a line joining points on such lines 25 feet distant from their point of intersection, or in the case of a rounded corner, the point of intersection of the tangents, no building or structure may be erected and no vegetation, other than shade trees trimmed up a distance of at least 10 feet above the curb line, may be maintained above a height of three feet above the plane through their curb grades, for the purpose of corner visibility. . Subd. 9. Cornices and Eaves. Cornices and eaves may not project more than thirty inches into a required open space or setback. GOLDEN VALLEY CC 216 (6-30-88) P § 11.22 SEC. 11.22. TWO-FAMILY (R-2) RESIDENTIAL ZONING DISTRICT. • Subd. 1. Purpose. The purpose of the Two-Family (R-2) Residential Zoning District is to provide for two-family dwellings at a moderate density along with directly related and complementary uses. Subd. 2. District Established. Properties shall be established within the Two-Family (R-2) Residential Zoning District in the manner provided for in Section 11.90, Subd. 3 of this Chapter, and when thus established shall be incorporated in this Section 11.22, Subd. 2 by an ordinance which makes cross-reference to this Section 11.22 and which shall become a part hereof and of Section 11.10, Subd. 2 thereof, as fully as if set forth herein. In addition the Two-Family (R-2) Residential Zoning Districts thus established, and/or any subsequent changes to the same which shall be made and established in a similar manner, shall be reflected in the official zoning map of the City as provided in Section 11.11 of this Chapter. Subd. 3. Uses Permitted. The following uses and no other shall be permitted in the R-2 Residential Districts: A. Two-family attached or semi-attached dwellings. B. Inconspicuous real estate signs and "for sale" signs, relating to the property upon which they are located, and of not more than four (4) square feet in area. • C. Name plates not exceeding one (1) square foot in area. D. Accessory buildings, as herein defined. E. Garages, as herein defined. Source: Ordinance No. 544 Effective Date: 6-26-81 F. Foster family homes. Source: Ordinance No. 653 Effective Date: 4-12-85 G. Home occupations, as regulated by Section 11.21, Subd. 13. Source: Ordinance No. 669 Effective Date: 11-15-85 H. Essential Services - Class I Subd. 4. Lot Area, Two-Family Dwelling. In the R-2 Residential Zoning District a lot or premises of a minimum area of 12,500 square feet (and a minimum width of 100 feet at the minimum • required front setback line) shall be required for two families G�OLDEN VALLEY CC 220 (6-30-88) § 11.22 housed in one building. No more than two kitchen areas shall be per- � mitted in any two-family dwelling. Source: Ordinance No. 553 Effective Date: 10-23-81 Subd. 5. Unplatted Property. The same provisions as listed in Subd. 4, above, shall apply to all areas zoned R-2 Residential . Subd. 6. Setback Requirements. The following building setbacks shall be required in the R-2 Residential Zoning District: A. Front Setback. The required front setback shall be 35 feet from the front property line and 35 feet from any side or rear property line which is also a street or road right-of-way line, but this requirement shall not reduce the building width of any corner lot to less than 20 feet at the ground story level . B. Rear Setback. The required rear setback shall be 20 percent of the lot depth. C. Side Setback. The distance between any part of a two-family dwelling or structure and the side lot lines shall be 15 feet. � Subd. 7. Corner Visibility. Between the right-of-way lines of intersecting streets and a line joining points on such lines 25 feet distant from their point of intersection, or in the case of a rounded corner, the point of intersection of the tangents, no building or structure may be erected and no vegetation, other than shade trees trimmed up a distance of at least 10 feet above the curb line, may be maintained above a height of three (3) feet above the plane through their curb grades, for the purpose of corner visibility. Subd. 8. Cornices and Eaves. Cornices and eaves may not project more than 30 inches into a required open space or setback. Subd. 9. Height Limitations. No building shall be erected in the R-2 Residential Zoning District to exceed three (3) stories in height. Subd. 10. Accessory Buildings. Accessory buildings, as herein defined, shall be governed by the following requirements: A. Detached accessory buildings shall be located wholly to the rear of the house or main building to which it is inci- dental with at least ten (10) feet of separation between the main building and the accessory building or buildings. When so placed, the accessory building or buildings shall be no less than 5 feet distant from any lot boundary line other than a street line � GOLDEN VALLEY CC 221 (6-30-88) � P § 11.25 SEC. 11.25. MULTIPLE DWELLING ZONING DISTRICT. • Subd. 1. Purpose. The purpose of the Multiple Family Zoning District is to provide for medium to high density housing (15-27 units per acre) along directly related and complementary uses. Subd. 2. District Established. Properties shall be established within the Multiple Dwelling Zoning District in the manner provided for in Section 11.90, Subd. 3 of this Chapter, and when thus established shall be incorporated in this Section 11.25, Subd. 2 by an ordinance which makes cross-reference to this Section 11.25 and which shall become a part hereof and of Section 11.10, Subd. 2 thereof, as fully as if set forth herein. In addition the Multiple Dwelling Zoning Districts thus established, and/or any subsequent changes to thesame which shall be made and established in a similar manner, shall be reflected in the official zoning map of the City as provided in Section 11.11 of this Chapter. Subd. 3. Uses Permitted. The following uses and no other shall be permitted in the Multiple Dwelling Zoning Districts: A. All uses permitted in the R-1 and R-2 Residential Zoning Districts may be allowed as a conditional use, and shall be subject to any restrictions upon such uses elsewhere in this Chapter. B. A "Dwelling-Multiple", as herein defined. C. Accessory buildings and uses, customarily inciden- • tal to multi-family uses, such as garages. Source: Ordinance No. 544 Effective Date: 6-26-81 D. Foster family homes. Source: Ordinance No. 653 Effective Date: 4-12-85 E. Essential Services - Class I Subd. 4. Lot Area, Height, Parking. All property in the Multiple Dwelling Zoning District shall be subject to the following restrictions on use thereof: A. Lot Area. The following schedule shall be followed in the determination of the maximum number of dwelling units per lot. Net buildable lot area per unit exclusive of required open spaces as required under Subd. 5 of this Section. Number of Stories 1-2 2,700 square feet 3 2,400 • 4 2,200 5 2,000 6-8 1,800 GOLDEN VALLEY CC 223 (6-30-88) P § 11.30 AA. Skating rinks (ice or roller) privately owned and • operated for profit. BB. Shopping centers (general retail - convenience shopping). CC. Theaters. DD. Trade or industrial training schools, both public and private. EE. General retail services and/or sales not otherwise listed as a Conditional Use in Subdivision 4, below. Source: Ordinance No. 569 Effective Date: 7-16-82 FF. Massage parlors, saunas, rap parlors, conversation parlors, escort services, model services, dancing services, hostess services, adult encounter group services, adult sensitivity group ser- vices and other similar adult oriented services that require City licensing pursuant to other provisions of the City Code. Source: Ordinance No. 603 Effective Date: 8-26-83 GG. Tanning parlors. Source: Ordinance No. 609 Effective Date: 11-11-83 • HH. Essential Services _Class I Subd. 4. Conditional Uses. A. Animal hospitals, veterinary clinics, and/or pet grooming facilities. B. Auto repair shops, including tire and auto accessory repair and installation. C. Car wash. D. Convenience food stores. E. Drive-in retail establishments, such as banks, cleaning, photo shops, etc. F. Gasoline service stations. Go Mortuaries. H. Off-street parking for adjacent commercial or industrial uses. I. Outdoor sales, including car lots, auto and equip- ment rent als. J. Outside storage and/or sales of horticultural nur- sery sites, temporary farmers market, and itinerant sales. K. Pool halls. L. Class II restaurants (drive-in, fast food, etc.) Source: Ordinance No. 609 • Effective Date: 11-11-83 GOLDEN VALLEY CC 227 (6-30-88) p § 11.30 Subd. 9. Height Restrictions. No building or structure, � other than water tanks, water towers, essential service communication structures not exceeding 120 feet in heig t'�nd-lig�iting ixtures, s�TiaT1�e erecte ta o excee�Ta �ight o�t� (3) stories in the Commerci al Zoni ng Di stri ct. ���,,;�s�-�-''^�;- ^�' ��cQ D..v.m�� ��� �,.,.., �e�� — All necessary mechani- cal equipment and elevator penthouses will not be included in com- putation of building height. The City Council may grant a Conditional Use Permit for a taller building. — Source: Ordinance No. 609 Effective Date: 11-11-83 Subd. 10. Accessory Uses. The following uses are permitted accessory uses in t e ommercia�Zon�ng is�'tr ct: A. Essential Services - Class II when constructed on top of a rinci al u�anc— n�xcee�ing �O�t in eig t as measure� ro�n� — — (Sections 11.31 through 11.34, inclusive, reserved for future expansion.) � � GOLDEN VALLEY CC 231 (6-30-88) u p § 11.35 SEC. 11.35. LIGHT INDUSTRIAL ZONING DISTRICT. � Subd. 1. Purpose. The purpose of the Light Industrial Zoning District is to provide for the establishment of warehousing, offices and light industrial developments. Subd. 2. District Established. Properties shall be established within the Light Industrial Zoning District in the manner provided for in Section 11.90, Subd. 3 of this Chapter, and when thus established shall be incorporated in this Section 11.35, Subd. 2 by an ordinance which makes cross-reference to this Section 11.35 and which shall become a part hereof and of Section 11.10, Subd. 2 thereof, as fully as if set forth herein. In addition the Multiple Dwelling Zoning Districts thus established, and/or any subsequent changes to the same which shall be made and established in a similar manner, shall be reflected in the official zoning map of the City as provided in Section 11.11 of this Chapter. Subd. 3. Permitted Uses. The following uses and no others shall be considered permitted uses within the Light Industrial Zoning District: A. Offices. B. Warehouses. C. Wholesale-Retail distribution centers. D. Electronics manufacturing. � E. Food packaging and processing; provided, however, that no processing shall involve any cooking, heating, smoking, soaking or marinating procedures. Source: Ordinance No. 546 Effective Date: 9-18-81 F. Assembly and/or fabricating exclusive of sheet metal or steel fabricating, foundries and similar uses except for the fabricating of sheet metal as it is used for the heating, ventilation and air conditioning business (which types of sheet metal fabricating shall be permitted uses). Source: Ordinance No. 674 Effective Date: 12-27-85 G. Recycling centers, including the recycling of metals and other materials. H. Other light manufacturing uses that would not constitute a nuisance or health hazard to surrounding or adjacent residential or commercial districts. I. Essential Services - Class I and Class III with the exce�tion that towers�relat��laings may�e constructed no c�ser to t�e Resi�T"enti a�,�si e'a nti al; II��uTti l e we i ng or � n�stitutio af Zoning Distric�t an t e eight o�t�e tower. GOLDEN VALLEY CC 232 § 11.35 Subd. 4. Conditional Uses. The following uses may be � allowed as Conditional Uses after review by the Planning Commission and approval by the Council following the standards and procedures set forth in this Chapter: GOLDEN VALLEY CC 232A (6-30-88) . • § 11.35 2. In the case of premises adjoining a Multiple- � Dwelling, Business and Professional Office, or Institutional Zoning Districts, required side and rear yard setbacks shall not be less than 50 feet in depth. Source: Ordinance No. 546 Effective Date: 9-18-81 3. In the case of premises adjoining a Commercial , Light Industrial , Industrial , Radio or Railroad Zoning District, required side and rear y ard setbacks shall be not less than 20 feet in depth. Source: Ordinance No. 609 Effective Date: 11-11-83 4. One-half (1/2) of the required side and rear yards, as measured from the lot line, shall be landscaped, planted, and maintained as a buffer zone. Subd. 8. Use Qualifications. A. L andscaping. All open areas of any site, lot, tract or parcel shall be so graded so as to provide proper drainage, and except for areas used for parking, drives, or storage, shall be landscaped with trees, shrubs, or planted ground cover. Such � landscaping shall conform with a landscape plan approved by the Building Board of Review. B. Storage. All raw materials, supplies, finished or semi-finished products and equipment shall be stored within a com- pletely enclosed building, or within the confines of a 100 percent opaque wall or fence not less than 6 feet in height. C. Screening. All principal , accessory, and con- ditional uses, except business signs, which are situated within 50 feet of a Residential Zoning District or an R-2 Zoning District shall be screened and buffered from such Zoning District by a separation of open space which shall have a minimum depth of 30 feet, and shall include a required fence or vegetative screening of not less than 90 percent opacity, and not less than 6 feet in height above the level of the said Residential or R-2 Zoning District. Source: Ordinance No. 546 Effective Date: 9-18-81 Subd. 9. Building Height. No building or structure, other than water tanks, water towers, essential service communication structures not exceeding 120 feet in hei9ht, and lighting fixtures, shall be erected to exceed a height of forty-five (45) feet in the Light Industrial Zoning District. All necessary mechanical equipment and elevator penthouses will not be included in computation of • building height. �OLDEN VALLEY CC 235 (6-30-88) p § 11.35 Subd. 10. Lot Coverage. No building or structure, or � group thereof, shall occupy more than fifty (50) percent of the total land area of any lot or parcel in a Light Industrial Zoning District. Source: Ordinance No. 609 Effective Date: 11-11-83 Subd. 11. Accessory Uses. The following are permitted accessory uses in the Light Industrial Zonin9 District: A. Essential Services - Class II SEC. 11.36. INDUSTRIAL ZONING DISTRICT. Subd. 1. Purpose. The purpose of the Industrial Zoning District is to provide for the establishment of industrial and. manu- facturing development and uses along with directly related and comple- mentary uses which, because of the nature of the product or character of activity, requires isolation from residential and commercial areas. Subd. 2. District Established. Properties shall be established within the Industrial Zoning District in the manner pro- vided for in Section 11.90, Subd. 3 of this Chapter, and when thus established shall be incorporated in this Section 11.36, Subd. 2 by an ordinance which makes cross-reference to this Section 11.36 and which � shall become a part hereof and of Section 11.10, Subd. 2 thereof, as fully as if set forth herein. In addition the Multiple Dwelling Zoning Districts thus established, and/or any subsequent changes to the same which shall be made and established in a similar manner, shall be reflected in the official zoning map of the City as provided in Section 11.11 of this Chapter. Subd. 3. Permitted Uses. The following uses are per- mitted in the Industrial Zoning District: A. All uses permitted in the Light Industrial Zoning District. B. Lumber y ard, including outside storage. C. Building materials yard, including outside storage. D. Battery and tire service. E. Blacksmith, repair, machine shop, or tin shop. F. Animal kennels where animals are customarily kept, boarded, cared for, trained, or fed, or bought and sold, as a busi- ness. G. General manufacturing uses, including the com- pounding, assembly or treatment of articles or materials. H. Hotels and motor hotels. I. Class I restaurants. J. Metal fabrication and assembly. Source: Ordinance No. 551 • Effective Date: 9-11-81 GOLDEN VALLEY CC 236 § 11.36 Subd. 4. Conditional Uses. The following conditional A uses may be allowed after review by the Planning Commission and appro- val by the Council following the standards and procedures set forth in this Chapter: A. All conditional uses as provided for in the Light Industrial Zoning District. B. Car wash. C. Structures and premises for automobile, or other motor vehicle sales and showrooms, with incidental accessory service and repair f acilities. D. Gasoline service stations. E. Bulk storage of gas, fuel oil , chemicals, and other liquid or solid materials which may be considered hazardous or toxic. F. Mortuaries. G. Off-street parking lots for adjacent Commercial or Industri al uses. H. Outdoor sales including motor vehicle and equipment rent al . I. Drive-in retail establishments, such as banks, cleaners, photo shops, restaurants (Class II), and similar uses. J. Unattended business operations, such as vending machines and equipment. K. Temporary structures such as tents or air-supported structures. L. Railroad y ards, railroad tracks and rights-of-way • in such y ards, railroad shops, round houses, and any other use which shall be for railroads. M. Automobile repair shops, auto body repair and/or painting, and auto cleaning and reconditioning. Source: Ordinance No. 641 Effective Date: 11-16-84 N. Heliports, as herein defined. Source: Ordinance No. 643 Effective Date: 11-16-84 0. Child Care Facilities, as defined in this Chapter. Source: Ordinance No. 712 Effective D ate: 6-23-88 P. Trade Schools or Training Centers Source: Ordinance No. 53, 2nd Series Effective Date: 1-23-91 Subd. 5. Building Height. No building or structure, other than water tanks, water towers, essential service communication structures not exceeding 120 feet in hei ht and lighting fixtures, shall be erected to exceed a height of forty-five (45) feet in the � GOLDEN VALLEY CC 237 (4-1-91) � P § 11.36 Industrial Zoning District. All necessary mechanical equipment and � elevator penthouses will not be included in computation of building height. Source: Ordinance No. 609 Effective Date: 11-11-83 Subd. 6. Yard Requirements. Front, side and rear y ard setbacks shall be required within the Industrial Zoning District as follows: A. In the case of premises abutting a public street front y ard setbacks shall be at least 35 feet from the right-of-way line of said street. All front y ard setbacks shall be maintained as landscaped green areas. In the case of corner lots all portions of said lot abutting a public street shall be deemed to be a front yard. B. In the case of premises facing a Residential Zoning District or an R-2 Zoning District across a street, the y ard abutting that street shall not be less than 75 feet in depth. C. Other side and rear y ard setbacks shall be as follows: 1. In the case of premises adjoining a Residential Zoning District or an R-2 District, required side and rear � yard setbacks shall be not less than 100 feet in depth. 2. In the case of premises adjoining a Multiple- Dwelling, Business and Professional Office, or Institutional Zoning District, required side and rear yard setbacks shall be not less than 50 feet in depth. 3. In the case of premises adjoining a Commercial , Light Industrial , Industrial , Radio or Railroad Zoning District, side and rear y ard setbacks shall be not less than 20 feet in depth. 4. All required front yard setbacks shall be landscaped, and one-half (1/2) of the required side and rear y ard set- backs shall be landscaped. Subd. 7. Loading and Parking Requirements. One (1) loading berth for each business, or one (1) loading berth for each Z0,000 square feet of gross floor area, whichever is greater, shall be required in the Industrial Zoning District. Off-street parking requirements in the Industrial Zoning District shall be as follows: A. Offices - One (1) parking space for each 250 square feet of gross floor area. B. Warehousing and Storage - One (1) parking space for • each 500 square feet of gross floor area. 60LDEN VALLEY CC 238 (6-30-88) P § 11.36 D. In the Industrial Zoning District, no materials or • equipment shall be stored outside, unless screened in such a manner as not to be visible from adjacent properties or streets. No storage shall be permitted within the required landscaped area. Source: Ordinance No. 551 Effective Date: 9-11-81 Subd. 10. Lot Coverage. No building or structure, or group thereof, shall occupy more than fifty (50) percent of the total land area of any lot or parcel in an Industrial Zoning District. Source: Ordinance No. 609 Effective Date: 11-11-83 Subd. 11. Accessor,� Uses. The following are permitted accessory uses in the In�c.ust ir al Zoning District: A. Essential Services - Class II (Sections 11.37 through 11.39, inclusive, reserved for future expansion. ) • • GOLDEN VALLEY CC 241 p § 11.45 SEC. 11.45. BUSINESS AND PROFESSIONAL OFFICES ZONING • DISTRICT. Subd. 1. Purpose. The purpose of the Business and Professional Offices Zoning District is to provide areas wherein there may be erected, maintained and used, offices for persons engaged in business pursuits not involving the sale of or handling of goods, wares, merchandise or commodities, as for example, accountants, insurance brokers, realtors, fiscal agents and the like; provided, however,that nothing herein shall be interpreted to prohibit in such districts the sale of goods, wares, merchandise or commodities by sample, as for example, by manufacturer's representatives. Subd. 2. District Established. Properties shall be established within the Business and Professional Offices Zoning District in the manner provided for in Section 11.90, Subd. 3 of this Chapter, and when thus established shall be incorporated in this Section 11.45, Subd. 2 by an ordinance which makes cross-reference to this Section 11.45 and which shall become a part hereof and of Section 11.10, Subd. 2 thereof, as fully as if set forth herein. In addition the Multiple Dwelling Zoning Districts thus established, and/or any subsequent changes to the same which shall be made and established in a similar manner, shall be reflected in the official zoning map of the City as provided in Section 11.11 of this Chapter. Source: Ordinance No. 541 • Effective Date: 5-8-81 Subd. 3. Parking Requirements. All land uses and struc- tures permitted under this zoning district shall provide off-street parking at the ratio of one (1) parking space for every 250 square feet of gross floor area. Source: Ordinance No. 609 Effective Date: 11-11-83 A. Off-Street Parking. Each off-street parking stall required under the provisions of this Chapter shall be installed at a size of 9 feet in width and 20 feet in length and shall provide suf- ficient area for driving aisles in between parking stalls. B. Off-Street Loading. Each building in this district shall provide adequate off-street loading and unloading f aci- lities for each business or tenant within the development. Subd. 4. �Buildin Height. No building �� �+��•��••�� in this zoning district shall exceecTthree (3) stories in height at the front or street grade level , unless a Conditional Use Permit has been granted allowing such building or structure to exceed three (3) sto r i e s i n h ei g ht. �.��q.��.�.�,,��;t�• �.-+ • � �,���. � ,C�OLDEN VALLEY CC 244 (6-30-88) �p, § 11.45 Subd. 7. Lot Area. No building or other structure � located in this zoning district shall be located on a parcel of land that is less than one acre in area or less than 100 feet in width. Source: Ordinance No. 541 Effective Date: 5-8-81 Subd. 8. Conditional Uses. A. Conditions. In addition to those uses specifically classified and permitted within this district, there are certain uses which may be allowed in a Business and Professional Offices District because of their unusual characteristics or the service they provide to the public. These conditional uses require particular con- siderations as to their proper location in relation to adjacent established or intended uses, or to the planned development of the City. The conditions controlling the location and operation of such conditional uses are established under Section 11.80 of this Chapter. Without limiting the generality of the foregoing, such uses may include Child Care Facilities as defined in this Chapter. Source: Ordinance No. 712 Effective Date: 6-23-88 B. Authority. The Council shall have the authority, after having received the recommendations of the Planning Commission, � to permit the following types of the conditional uses of land or structures, or both, within a Business and Professional Offices District, if the Council finds that the proposed location and establishment of any such use will be desirable or necessary to the public convenience or welf are and will be harmonious and compatible with other uses adjacent to and in the vicinity of the selected site. 1. Bui 1 di ngs ,��' �+�..�+��^�° exceedi ng three (3) stories in height, subject to the provisions of Subdivision 5, Subparagraph A, Item 2, and Subparagraph B, above, and all other applicable provisions of this Chapter. 2. Recreational facilities such as ballfields, swimming pools and playgrounds. 3. Daytime activity centers and/or other facili- ties providing school and/or training for retarded or handicapped people. 4. Financial institutions, including drive-in facilities. 5. Limited retail services within a professional office building. Source: Ordinance No. 541 Effective Date: 5-8-81 • 60LDEN VALLEY CC 246 (6-30-88) P § 11.45 6. Heliports, as herein defined. � 7. Other uses which, in the opinion of the Council , are compatible with the uses specifically described above. Source: Ordinance No. 643 Effective Date: 11-16-84 Subd. 9. Permitted Uses. The following uses are permitted in the Business and Professiona�0 ce District: A. Offices B. Essential Services - Class I Subd. 10. Accessory Uses. The following accessory uses are permitted in the Business and Professional Office District: A. Essential Services - Class II when constructed on t�o of a principal building and not exceeding 120 feet in height as measured from the rg ound level . SEC. 11.46. INSTITUTIONAL ZONING DISTRICT. • Subd. 1. Purpose. The purpose of the Institutional Zoning District is to establish areas where both public and private institu- tional uses such as schools, hospitals, parks, golf courses, nursing homes and public buildings may be located. Subd. 2. District Established. Properties shall be established within the Institutional Zoning District in the manner provided for in Section 11.90, Subd. 3 of this Chapter, and when thus established shall be incorporated in this Section 11.46, Subd. 2 by an ordinance which makes cross-reference to this Section 11.46 and which shall become a part hereof and of Section 11.10, Subd. 2 thereof, as fully as if set forth herein. In addition the Multiple Dwelling Zoning Districts thus established, and/or any subsequent changes to the same which shall be made and established in a similar manner, shall be reflected in the official zoning map of the City as provided in Section 11.11 of this Chapter. Subd. 3. Uses Permitted. A. The following uses shall be permitted in the I-1 Institutional Zoning Sub-District: 1. Churches. 2. Schools, public and parochial , excepting colleges, seminaries and other institutes of higher education. 3. Essential Services - Class I � B. The following uses shall be permitted in the I-2 Institutional Zoning Sub-District: GOLDEN VALLEY CC 247 § 11.45 1. Public and private libraries. � 2. Museums. 3. Colleges, seminaries and other institutes of higher education. 4. Essential Services - Class I C. The following uses shall be permitted in the I-3 Institutional Zoning Sub-District: 1. Rest homes, sanitaria, nursing homes, clinics and other buildings incidental to the operation thereof. 2. Essential Services - Class I D. The following uses shall be permitted in the I-4 Institutional Zoning Sub-District: GOLDEN VALLEY CC 247A (6-30-88) p • � § 11.46 1. Golf courses, country clubs and polo fields, � excepting those carried on as a business such as miniature golf courses. 2. Parks, playgrounds, City offices, fire sta- tions, and other lands incidental to the operation of the City. 3. Essential Services - Class I E. The following uses shall be permitted in the I-5 Institutional Zoning Sub-District: 1. Cemeteries 2. Essential Services - Class I Subd. 4. Conditional Uses. The following uses may be allowed in the following Institutional Zoning Sub-Districts when approved by the Council in accordance with the provisions of this Chapter: A. Congregate Housing - Housing for the elderly, pro- viding at least one prepared meal per day, in a common dining room. Such housing may also provide certain medical and social services over and above what might be provided in a standard elderly apartment complex. Congregate housing may be allowed as a Conditional Use only within the I-3 Institutional Zoning Sub-District. B. Elderly Housing - Housing (either subsidized or � unsubsidized) specifically designed and built for occupancy by elder persons in much the same way that standard multi-family dwellings might be built and managed, but not providing the same services as congregate housing, may be allowed as a Conditional Use only within the I-3 Institutional Zoning Sub-District. C. Hospitals and out-patient surgical facilities may be allowed as a Conditional Use only within the I-3 Institutional Zoning Sub-District. D. Lodge halls and private clubs may be allowed as a Conditional Use only within the I-3 Institutional Zoning Sub-District. Source: Ordinance No. 567 Effective Date: 5-28-82 E. Residential facilities only within the I-3 Institutional Zoning Sub-District. Source: Ordinance No. 653 Effective D ate: 4-12-85 F. Child day-care facilities may also be permitted as a Conditional Use within the I-1 , I-2, I-3 and/or I-4 Institutional Zoning Sub-Districts. • Source: Ordinance No. 567 Effective Date: 5-28-82 G�OLDEN VALLEY CC 248 (6-30-88) P