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Home My WebLink About2255-03 - ADMIN Ordinance - City Council - 2003/11/03• • ORDINANCE NO. 2255-03 AN ORDINANCE AMENDING THE ST. LOUIS PARK ORDINANCE CODE RELATING TO ZONING BY AMENDING SECTIONS 36-4, 36-73 AND 36-78 PERTAINING TO ACCESSORY ORNAMENTAL STRUCTURES THE CITY OF ST. LOUIS PARK DOES ORDAIN: Findings Sec. 1. The City Council has considered the advice and recommendation of the Planning Commission (Case No. 03-45-ZA). Sec. 2. The St. Louis Park Ordinance Code, Sections 36-4, 36-73 and 36-78 are hereby amended by deleting stricken language and adding underscored language. Section breaks are represented by ***. Section 36-4 Definitions. *** Ornamental structures are built or placed in the landscape for decorative or horticultural purposes and are accessory to and detached from the principal structure. They do not have solid walls or a solid roof. These include but are not limited to trellises, arbors, arches, pergolas, gateways, flagpoles, fountains, birdbaths, birdhouses, and yard sculptures. These do not include trees, shrubs or other vegetation. *** Sec. 36-73. Yard encroachments (a) Any yard. The following shall not be encroachments on yard requirements provided all structures are located entirely upon the private property of the party requiring or requesting the construction of the structure, the encroachment is within height limitations of this Code, no permanent structure is placed in an easement without first obtaining approval of an encroachment agreement and ornamental structures are constructed so the finished side is facing towards the neighboring properties, exposing the structural side to the party requiring or requesting the structure: (1) Yard lights and the nameplate signs for one -family and two-family dwellings in the R-1, R-2 and R-3 districts. (2) Floodlights or other sources of light illuminating authonzed illuminated signs, or illuminating parking areas, loading areas, or yards for safety and security purposes if these meet the regulations of section 36-363 ® (ktilding 3) - .. • - = • . . Ornamental structures that are a minimum of three feet from any lot line. Maximum 15 foot height limit except as allowed for flagpoles per Section 36-78. Ordinance No. 2255-03 -2- (4) Ornamental structures within the three foot yard area up to six feet tall in the rear and side yards and up to three and one-half feet tall in the front yard. (5) Arbors, pergolas, arches, gateways or similar open structures over purposeful pedestrian walkways that extend between properties, between front and back yard areas, or from the public right-of-way to a house or garage. Maximum one such structure per lot line with a maximum ten. foot height and ten foot width within the required three foot yard area. (4) (6) Railroad feeder tracks which provide access to buildings and structures in the C-1, C-2, 0, I -P and I -G districts. No loading or unloading may be done from railroad cars on any feeder track in any front yard. (-5) (7) Canopies no more than 12 feet wide are permitted in the R-4, R -C, C-1, C-2, 0, I- P and I -G districts if they are open at the sides, comply with provisions of section 36-76 and provide 14 feet of clearance if located over any access roadway or fire lane. (6) (8) Enclosed pedestrian walkways must meet the following standards: a. The walls of the walkway shall conform with the class I exterior materials requirements of this chapter. b. Such walkways may be no more than 16 feet wide and 12 feet in height from floor to ceiling. c. A clearance of 16 feet six inches is required if the walkway is above a traveled roadway. d. The properties connected by the walkways must submit documents that indicate their agreement to build the arrangement for maintenance of the walkway, and under what conditions the walkways might be removed. e The location of any pedestrian walkway shall be approved by the director of public works and community development director. Approval shall not be granted for any walkway that does not provide a satisfactory means to access any utility or public trail lying under or adjacent to the walkway. (7) (9) Driveways, parking areas, and pedestrian sidewalks subject to the requirements of sections 36-162 and 36-361. (8) (10) Fences and retaining walls subject to the requirements of section 36-74 and provided the retaining walls are necessary to correct grade differences and height is minimized via terracing where feasible. Where a fence is attached to a retaining wall structure, the retaining wall shall be included in the fence height measurement. (b) Principal buildink — any yard. The following shall not be encroachments on yard requirements for principal buildings provided no permanent structure is placed in an easement without first obtaining approval of an encroachment agreement: • • Ordinance No. 2255-03 -3- (1) Balconies, bays and window wells not exceeding a depth of three feet or containing an area of more than 20 square feet. (2) Chimney, flues, belt courses, leaders, sills, pilasters, lintels, ornamental features, cornices, eaves, and gutters; provided they do not extend more than three feet into a required yard; and provided such encroachment is no closer than four feet from all lot lines. Building overhangs shall also comply with the state building code. (3) Terraces and steps which do not extend more than 2 1/2 feet above the height of the ground floor level of the principal building, awnings, and door hoods provided they are a minimum of two feet from any lot line. (4) Uncovered porches, stoops, patios or decks which do not extend above the height of the ground floor level of the principal building and are a minimum of two feet from any interior side or rear lot line and 15 feet from any front lot line and do not encroach on any side yard abutting a street. (5) Open covered porches that do not contain either windows or screens and are a minimum of five feet from any interior side lot line, nine feet from any side yard line abutting a street, 25 feet from any rear lot line and 20 feet from any front lot line. Porches shall be open between the floor and the ceiling. All railings shall be open utilizing posts and spindles (c) Accessory buildings rear or side yard. The following shall not be encroachments on rear and side yard requirements for accessory buildings: cornices, eaves and gutters; provided they do not extend more than eight inches into a required yard, and provided such encroachment is no closer than 16 inches from all lot lines. Building overhangs shall also comply with the state building code. (d) Rear or side yard. The following shall not be encroachments on side and rear yard requirements provided no permanent structure is placed in an easement without first obtaining approval of an encroachment agreement: (1) Heating, ventilating and air conditioning equipment in side yards abutting a street and rear yards, but is an encroachment in interior side yards. None of that equipment shall extend more than six feet from the principal structure and the equipment shall be screened from view. (2) Railroad spurs and sidings for loading and unloading of railroad cars in the I -P and I- G districts. (e) Rear yard. The following shall not be encroachments on rear yard requirements provided no permanent structure is placed in an easement without first obtaining approval of an encroachment agreement: (1) Bateenies, Ddetached outdoor picnic shelters, gazebos and recreational equipment that are a minimum of three feet from the rear and side lot lines. Ordinance No. 2255-03 -4- (2) Swimming pools, whirlpools, saunas and tennis courts provided they are a minimum of five feet from the rear lot line, are enclosed by a privacy fence that screens the view from neighbonng properties, and any associated accessory structures such as the required fence, decks, patios, and heating equipment meet all Code requirements including subsections (a), (b), and (d) of this section, section 36-74 and section 36-162. *** Sec. 36-78. Height limitations. (a) Height limitations set forth elsewhere in this ordinance shall be increased by 50 percent when applied to the following structures: (1) Art objects in non-residential districts and accessory to permitted pnncipal non- residential uses (churches, schools, parks, etc.) in residential districts. (2) Belfries. (3) Chimneys. (4) Church spires. (5) Communication towers. Heights in excess of those allowed under this section shall be permitted only by conditional use permit granted by resolution of the city council determining that such structure would not be dangerous and would not adversely affect adjoining or adjacent property. This determination will be made based on the following conditions. a Distance from abutting residential property. b. Tower design and collapse radius. c. Aesthetic considerations such as color and design. (6) Cooling towers. (7) Cupolas and domes which do not add additional floor area. (8) Elevator penthouses. (9) Fire and hose towers. (10) Flagpoles. (11) Monuments. (12) Observation towers. (13) Smokestacks. (b) Parapet walls extending not more than three feet above the limiting height of the building. (c) Water towers are exempt from height limitations. Sec. 3. The contents of Planning Case File 03-45-ZA are hereby entered into and made part of the public hearing record and the record of decision for this case. Sec.4 This Ordinance shall take effect fifteen days after its publication. Ordinance No. 2255-03 -5- Reviewed for Administration Attest. Adopted by the City Council November 3, 2003 Apploved as to Form and Execution. Cis' Clerk City Attorney ,,,, /L -R --- STATE OF MINNESOTA) ss newspapers AFFIDAVIT OF PUBLICATION COUNTY OF HENNEPIN) Richard Hendnckson, being duly sworn on an oath states or affirms, that he is the Chief Financial Officer of the newspaper known as Sun -Sailor , and has full knowledge of the facts stated below (A) The newspaper has complied with all of the requirements constituting qualification as a qualified newspaper, as provided by Minn Stat §331A 02, §331A.07, and other applicable laws, as amended (B) The printed public notice that is attached was published in the newspaper once each week, for one successive weeks, it was first published on Thursday, the 13 day of November , 2003, and was thereafter printed and published on every Thursday to and including Thursday, the day of , 2003, and pnnted below is a copy of the lower case alphabet from A to Z, both inclusive, which is hereby acknowledged as being the size and kind of type used in the composition a. e . •'cation o e notice: abcdefghuklmn Subscnbed and sworn toorff'rmed before me on this 5day of N , 2003. —Q_JUL' 01\--ti--14-1J° Nota \ m MERIDEL M. HEDBLOM NOTARY PUBLIC -MINNESOTA MY COMMISSION EXPIRES 141$005 owwww.AAAAAAAAApAwwwwwws RATE INFORMATION (1) Lowest classified rate paid by commercial users for comparable space (2) Maximum rate allowed by law (3) Rate actually charged $ 285 per line $ 6.20 per line $ 1 40 per line City of St. Louis Park SUMMARY ORDINANCE NO. 2255-03 AN ORDINANCE PERTAINING TO ACCESSORY ORNAMENTAL STRUCTURES This ordinance further defines ornamental structures and their height and placement m yards This ordinance shall take effect 15 days after publication Adopted by the City Council November 3, 2003 Jeffrey W Jacobs /s/ - Mayor - A copy of the full text of this ordinance is available for cn- spectwn with the City Clerk (Nov 13, 2003)A3/Ord2255-03