Loading...
HomeMy WebLinkAbout2320-06 - ADMIN Ordinance - City Council - 2006/11/06ORDINANCE NO. 2320-06 ORDINANCE AMENDING THE ST. LOUIS PARK ORDINANCE CODE RELATING TO ZONING BY AMENDING SECTIONS 36-73, 36-362, 36-366, AND ARTICLE VI. RELATIVE TO AWNINGS AND CANOPIES; SIGNS; BUILDING MATERIALS, NON -CONFORMITIES 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. 06-52-ZA). Sec. 2. The St. Louis Park Ordinance Code, Sections 36-73, 36-362, 36-366, and Article VI are hereby amended as follows by deleting stnken language and adding underscored language. Section breaks are represented by ***. * * * Section 36-73 (Yard Encroachments) *** (b) Principal building - 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: (1) Balconies, bays and window wells not exceeding a depth of three feet and Of containing an area of less mere 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 pnncipal building, 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 pnncipal building and are a minimum of two feet from any intenor 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. Ordinance No. 2320-06 -2- (6) Awnings, canopies less than 25 feet in width and door hoods for commercial, industnal, office and multi -family buildings of at least 12 residential units may extend to the front and side yard abutting the street lot line. Awnings, canopies and door hoods for single family homes and multi -family buildings of up to 11 residential units may extend up to four feet into a front and side yard abutting the street. For all uses, awnings, canopies and door hoods may extend up to four feet into an intenor side and rear yard. *** Sec. 36-362. Sign regulations. * * * * * * General provisions. Subject to the following regulations, signs are a permitted accessory use in all use districts: (2) Required yards. Signs shall maintain a 10 foot minimum yard to any property line unless exempted below: a. In the C-1, C-2 and M -X districts the required yard for any sign less than 200 square feet in sign area shall be 5 feet. All other signs shall have a • b. In the C-1, C-2 and M -X distncts, a blade sign may project into the required front yard if the sign meets the following requirements: 1. The sign is attached to a wall in such a manner that meets the building code; and 2. The lowest portion of the sign is no closer than 8 feet to the ground; and 3. The sign shall not extend higher than the lowest portion of a window of a residential unit located on the second story of a mixed use building. 4. No portion of the sign shall extend more than -4 5 feet into the required yard 4am-the-building, and in no instances shall the sign project into the public right-of-way. 5. The portion of any sign face extending into the required yard does not exceed 3 40 square feet. • • Ordinance No. 2320-06 -3- TABLE 36-362A SIGN AREA AND HEIGHT PERMANENT Use District Maximum SIGNAGE &Lot Size Sign Height (sq ft) (feet) Maximum Maximum Total Size of Area Sign Face (sq ft) (sq ft) R-4 6 25 40 2-5 40 R -C 0 - 20,000 Over 20,000 * * * 15 40 40 15 80 60 Sec. 36-366. Architectural design. TEMPORAR Y SIGNAGE Maximum Total Area (sq ft) 25 25 25 REAL ESTATE SIGNAGE Maximum Total Area (sq ft) 80 80 80 (a) Purpose The purpose of this section is to serve the public interest by promoting a high standard of development in the city. Through a comprehensive review of both functional and aesthetic aspects of new or intensified developments, the city seeks to accomplish the following: (1) Implement the comprehensive plan; (2) Preserve the character of neighborhoods, commercial and industrial areas; (3) Reasonably maintain and improve the city tax base; (4) Reduce the adverse impacts of dissimilar land uses; (5) Promote orderly and safe flow of vehicular and pedestrian traffic; (6) Discourage the development of identical and similar building facades which detract from the character and appearance of the neighborhood; (7) (8) Preserve the natural and built environment; and Minimize adverse impacts on adjacent properties from buildings which are or may become unsightly. (b) of this section (b) Standards. methods+ Ordinance No. 2320-06 a. A parapet wall. -4- c. The rooftop equipment shall be painted to match the roof or the sky, tanks); refuse handling, loading docks; maintenance structures; and other ancillary (71) Building Design. a. which that will be considered in erief the review of buildings and site plans include ar-e building materials, color, and texture, building bulk, general massing, roof treatment, proportion of openings, facade design elements and vanation, fenestfatien, windows and openings eenipatibiliateFials3. Site plan design elements which that will be considered in the determination as to whether site plan design is superior include quantity, quality, variation, compatibility and size of plant materials, landscape berms and screening walls. Also considered will be the overall harmony and unity order, symmetry and proportion of the various elements within the site and alse within the larger context of the area or corndor. b. The height, bulk, general massing, roof treatment, materials, colors, textures, major divisions, and proportions of a new or remodeled building shall be compatible with that of other buildings on the site and on adjacent sites. c. Building wall deviations are required where the unbroken building wall length to wall height ratio meets or exceeds 2:1 The minimum depth of each building wall deviation at the 2:1 ratio shall be two feet. The unbroken wall length to wall height ratio may be increased to 3:1 if the depth of the building wall deviations is increased to three feet. The unbroken wall length to wall height ratio may be increased to 4:1 if the depth of the building wall deviations is increased to four feet. The building wall deviations must extend from the grade to the roof, or top of the parapet. -Architectural design elements Ordinance No. 2320-06 (62) -5- d. No building may display more than five percent of any elevation surface in bright, pure accent colors. o. Design review shall bo done by tho zoning administrator or the zoning by the city council. e. The development must locate the noise -producing portions of the development, such as loading docks, outside storage and outside activity away from adjacent residential areas. o. Generally, buildings of lowor height, lessor bulk, pitched or gabled roofs, f All exterior finishes for one- and two-family dwellings and accessory structures shall be installed within one year from the issuance of the building permit. a. g_ All developments shall consider the effect of sun angles and shade patterns on other buildings. All new multiple -family and nonresidential buildings and additions thereto shall be located so that the structure does not cast a shadow that covers more than 50 percent of another building wall for a penod greater than two hours between 9:00 a.m. and 3:00 p.m. for more than 60 days of the year. Subsect on (b"' 3` of This section will not prohibit shading of buildings in an industrial use district, or as approved for buildings covered by the same PUD, CUP, or Special Permit. Shading of existing public spaces and outdoor employee break areas shall be minimized to the extent reasonable and possible Building Materials. Exterior surface materials of buildings shall be installed in accordance with the adopted building code and the manufacturer's specifications, and shall be subject to the following regulations: a. Classes of materials. _ , •- Matenals shall be divided into class I, class II and class III categones as follows: 1. Class I. Brick, marble, granite or other natural stone, textured cement stucco, copper, porcelain and glass are class I extenor building materials on buildings other than those used as dwellings which contain four or fewer dwelling units. Wood, of vinyl siding fiber -reinforced cement board and prefimshed metal are class I matenals on residential buildings containing four or fewer dwelling units in addition to the other class I materials listed in this subsection. Wood is a class I material on park buildings under 3,000 square feet. If a minimum of two other Class I matenals are in use, clapboard and shake -style fiber -reinforced cement board with a minimum thickness of '/ inch may be used as a Class I matenal for up to 10 percent of the facade on residential buildings with more than four (4) units. "Smooth" fmish fiber -reinforced cement board is not permitted as a Class I material. Ordinance No. 2320-06 -6- 2. Class II. Exposed aggregate concrete panels, burnished concrete block, integral colored split face (rock face) and exposed aggregate concrete block, cast -in-place concrete, artificial stucco (E.I.F.S., Dnvit), artificial stone, fiber -reinforced cement board siding with a minimum thickness of '/e inch, and prefinished metal. 3. Class III Unpainted or surface painted concrete block (scored or unscored), unpainted or surface painted plain or ribbed concrete panels, and unfinished or surface painted metal. b. Minimum class 1 materials. At least 60 percent of each building face visible from off the site must be of class I materials except as permitted by subsection (b)(6)c. of this section. Not more than ten 10 percent of each building face visible from off the site may be of class III materials. Portions of buildings not visible from off the site may be constructed of greater percentages of class II or class III materials if the structure otherwise conforms to all city ordinances. The mixture of building materials must be compatible and integrated. c Buildings in I -G and I -P districts. 1. Not on major streets and not near residential. For buildings in the I -G and I -P districts which are not located on a principal arterial, minor artenal, major collector, or adjacent to or across from any residentially zoned property, class I materials may be reduced to a minimum of 25 percent provided that the remaining matenals are functionally and durably equal to a class I material as certified by the architect or manufacturer. 2. On major streets or near residential For building walls in the I -G and I -P districts facing on a pnncipal arterial, minor arterial or major collector, or adjacent to or across from any residentially -zoned property, class I materials may be reduced to a minimum eFof 25 percent provided that the remaining materials are functionally and durably equal to a class I matenal as certified by the architect or manufacturer and that the architectural design and site plan are superior quality as determined by the zoning administrator. The architecture and site plan shall meet the following minimum criteria to be considered superior quality: i. The exposed height of the building wall shall not exceed 15 feet. ii. The number of required plant units shall be increased by 20 percent or the size of 20 percent of the overstory trees installed shall be increased to 3 1/2 caliper inches. iii. A minimum of ten percent of the building facade must be windows or glass spandrels. • • • Ordinance No. 2320-06 -7- (4-03) Additions and accessory structures. The extenor wall surface materials, roof treatment, colors, textures, major divisions, proportion, rhythm of openings, and general architectural character, including horizontal or vertical emphasis, scale, stylistic features of additions, exterior alterations, and new accessory buildings shall senfei-te address and respect the original architectural design and general appearance of the principal buildings on the site and shall comply with the requirements of this section. (1) Site design. b Open lot area. For projects within all use districts whore tho lot area exceed) use such as plazas or walks. (4) Screening. a. The visual impact of rooftop equipment shall be minimized using one of the following methods. Where rooftop equipment is located on buildings and is visible within 400 feet from property in an R distnct, only the items listed in subsections 1 and 2 shall be used. 1. A parapet wall. 2 A fence the height of which extends at least one foot above the top of the rooftop equipment and incorporates the architectural features of the building. 3. The rooftop equipment shall be painted to match the roof or the sky, whichever is most effective. b. Utility service structures (such as utility meters, utility lines, transformers, aboveground tanks); refuse handling; loading docks; maintenance structures; and other ancillary equipment must be inside a building or be entirely screened from off-site views utilizing a privacy fence or wall that is at least six feet in height. A chain link fence with slats shall not be accepted as screening. c. All utility services shall be underground except as provided elsewhere in this chapter. (445)Parking ramps. All new parking ramps shall meet the following design standards: Ordinance No. 2320-06 -8- a. Parking ramp facades which that are visible from off the site shall display an integration of building materials, building form, textures, architectural motif, and building colors with the pnncipal building. b. No signs other than directional signs shall be permitted on parking ramp facades. c. If the parking ramp is located within 20 feet of a street nght-of-way or recreational trail, the facade facing the street shall be subject to the same requirements for extenor surface materials as for buildings. possible. (Ord. No. 2262 03, 12 15 03) (6) Awnings and canopies. a. Awnings and Canopies. 1. Construction. Awnings and canopies shall have noncombustible frames. If an awning can be collapsed, retracted or folded, the design shall be such that the awning does not block any required exit. 2. Projection. Awnings and canopies less than 25 feet in width may extend up to two feet from the face of the nearest curb line measured horizontally. 3. Clearance. All portions of any awning and canopy shall provide at least eight feet of clearance or any walkway and twelve feet of clearance over nay driveway or roadway. 4. Supports. Canopy posts or other supports located within a public nght-of-way or easement shall be placed in a location approved by the city engineer. b. Permit required. A building permit shall be issued prior to the installation of any awning or canopy. In addition to the building permit, an encroachment agreement shall be issued by the city engineer prior to the installation of any awning or canopy that extends into, upon or over any street or alley right-of-way, park or other public property. The encroachment agreement shall include provisions that hold the owner of the awning or canopy liable to the city for any damage which may result to any person or property by reason of such encroachment or the removal of such encroachment. Additional conditions may be imposed on encroachment permits to protect the health, safety or welfare of the public or to protect nearby property owners from hardship or damage or to protect other public interests as determined by the city engineer. Ordinance No. 2320-06 -9- c. Submission requirements. The following information shall be submitted prior to the installation of an awning or canopy. 1. Application form and fee. A separate fee shall be required for the building permit and encroachment agreement. 2. Dimensioned and scaled site plan and building elevations. 3. Four sets of drawings for each awning or canopy proposed. d. Projections to be safe. All such projections over public property shall be structurally safe, shall be kept in a safe condition and state of repair consistent with the design thereof and repaired when necessary in the opinion of the city engineer or building official by and at the expense of the person having ownership or control of the building from which they project. e. Removal upon order. The owner of an awning or canopy, any part of which projects into, upon, over or under any public property shall upon being ordered to do so by the city engineer remove at once any part or all of such encroachment and shall restore the right-of-way to a safe condition. Such removal and restoration of the right-of-way will be at the sole expense of the property owner. The city may, upon failure of the property owner to remove the encroachment as ordered, remove the encroachment, and the reasonable costs of removing such encroachment incurred by the city shall be billed and levied against the property as a special assessment. (4-4c) Appeal. In any instance where the zoning administrator denies a permit or a request for preliminary approval of building materials or building design, the applicant may submit an appeal to the interpretation, based upon the plans and other papers on file in the office of the zoning administrator, to the city council without payment of additional filing fees of any kind. ARTICLE VI. NONCONFORMITIES Sec. 36-401. Scope of article. Nothing in this article shall be construed to permit a violation of any section of this chapter or the continuation of any unsafe or unsanitary condition. (Code 1976, § 11.7 1 0) Sec. 36-402. Purpose. The purpose of this article is to provide for the continuation and eventual elimination of all nonconforming uses and certain other nonconformities and other instances of nonconformance by: (1) Recognizing certain developmentsnonconformities which lawfully existed prior to the effective date of the ordinance from which this article is denved. Ordinance No. 2320-06 -10- (2) Prohibiting the enlargement, intensi cation, expansion, rebuilding or extension of nonconformities. (3) Providing cnteria which provide for the reconstruction of nonconforming uses which are damaged by fire or other natural disaster. (4) Encouraging the elimination of nonconformities or minimizing their impact on adjacent properties. (5) Requiring certain nonconformities and other instances of nonconformance in certain situations to either comply with this chapter or terminate. (Code 1976, § 11:7 1.1) Sec. 36-403. Defmitions. The following words, terms and phrases, when used in this article, shall have the meanings ascnbed to them in this section, except where the context clearly indicates a different meaning: of this chapter, including but not limited to buildings and other structures, off street parking, outdoor sales and storage, land use, signs, outdoor lighting, subdivided parcels of land and Nonconformity means any use, lot., or structure which was legally constructed or established prior to the effective date of the ordinance from which this chapter is denved, or subsequent amendment to it, which would not be permitted by or is not in full compliance with the provisions of this chapter. Nonconforming bufferyards means bufferyards which do not conform to the distance, height, screening, density, matenal or planting requirements of this chapter. Nonconforming land use not permitted in the city means a land use which is not listed as the city. Nonconforming land usc not permute in which it is located. Nonconforming land usc with no conditional use pernnt means a land use which require:, ,a conditional use permit in the district in which it is located for which a valid conditional use means outdoor site lighting which does not conform to the Nonconforming lot means a lot of record which does not conform to the width, lot area, or other dimensional requirements of the district in which it is located. • Ordinance No. 2320-06 -11- Nonconforming - .. - _ __ . - - structure is any structure which was legally constructed prior to the effective date of the ordinance from which this chapter is denved, or subsequent amendment to it, which would not be permitted by or is not in full compliance with the provisions of this chapter. Nonconforming use means any use which was legally established pnor to the effective date of the ordinance from which this chapter is derived, or subsequent amendment to it, which would not be permitted by or is not in full compliance with the provisions of this chapter. (Codd 1976, § 1'1:7 1.2) Structure for purposes of this article means a permanent building having a roof which may provide shelter or enclosure of persons, animals or personal property. Cross referenec(s) Definitions generally, § 1 2. Use for purposes of this article means the overall general purpose or activity for which a premises is generally designed, arranged or intended for which it is or may be occupied or maintained. Sec. 36-404. General requirements. A legal nonconformity existing at the time of the ordinance from which this chapter iJ denved may be continued except as provided in this article (1) Right to continue. A legalExcept for a Sexually Onented Business as defined in the City Code, a nonconformity may be continued at the size andin the manner of operation existing at the time of adoption of the ordinance from which this chapter is denved, • - subject to the provisions of this Article. (2) Subject to general requirements of this chapter Subject to its nght to continue, a property having a nonconformity is subject to all provisions of this chapter and future amendments thereto. (3) Expansion prohibited A nonconformity shall not be enlarged, extended, expanded Of changed in any manner or dimension except to comply with the provisions of this chapter (3) Intensification prohibited A nonconforming land use shall not be intensified -m. Expansion includes the intensification of the character or operation- -I-ntens n of a nonconformity. Expansion shall include, but not be limited to, increased hours of operation, expansion of the use to a portion of the property not previously used, reducing the size of the parcel containing the fioneoafefaang irisenonconformity by subdivision or administrative lot line adjustment, expansion of a parking area and increased number of employees. (4) Damaged or destroyed structures. If the cost to repair aany nonconformity involving a damaged structure is more than 60is destroyed by fire or other pent to the extent of greater than 50 percent of the assessor'sits assessed market value of the stricture at the - . - . - - - . - .. . , and no building permit has been applied for within 180 days of when the property is damaged, the building official may impose reasonable conditions upon a building permit in order to mitigate any newly created impact on adjacent property. If the building permit has not been applied for within one year of the date of destruction, any right to continue the nonconformity is terminated and any future use of the land must comply fully with this chapter. Ordinance No. 2320-06 -12- (5) Termination of rights through discontinuation of the use If a nonconformity is discontinued for a penod of more than one year, any right to continue the nonconformity is terminated and any future use of the land must comply fully with this chapter. Removal of a structure, relocation, reduction, or elimination of any site element, such as outdoor storage, is a reduction in intensity. Sec. 36-405. Special requirements. a) City approvals. a. Condition for approval The city may not issue a conditional use permit, Conditional Use Permit (CUP), Planned Unit Development (PUD), or building permit for an addition which increases the leasable floor area or density for any property which contains a nonconformity unless the nonconformity is removed as - ... . that is not in compliance with the provisions of this chapter. Amendments to existing special permits shall be administered in accordance with section 36-36(c)(4). b. Exception. If a new use requinng a . - . - CUP, PUD or special permit amendment is proposed for part of a multiple tenant building, and there are no exterior modifications needed to accommodate the new tenant which would result in an increase in floor area ratio, ground floor area ratio, building height, density, or a decrease in required yards, or other substantial change (other than property improvement to meet building code requirements), then the city may issue a conditional use permitCUP, PUD or special permit amendment provided the following standards are met: 1. The new use does not increase or intensify nonconfonm tins on the propeFtyinvolve an expansion of the nonconformity or otherwise increase the noncompliance with the provisions of this chapter. 2. Any noneenferfnitiesnonconformity or other items of noncompliance existing on the site shall be brought into greater or complete compliance with other p of this chapter to the extent reasonable and possible, except that greater or complete compliance will not be required with the following provisions of this chapter: i. Lot area. ii. Lot width. iii. Required yards. iv. Building height v. Floor area ratio. vi. Ground floor area ratio. vii. Density. vii. Usable open space. (Code 1976, § 14.7 2; Ord No 2155 00, 2 7 2000, Ord. No. 2163 00, 3 20 2000; Ord. No. 2188 01, 2 5 2001) Ordinance No. 2320-06 -13- (1) Termination of rights through discontinuation of thc use If a legal nonconforming land • (2) building is vacant for a ponod of time exceeding ono year, the city may infer an intent to any future use of the land must comply fully with this chapter. As evidence of an intent to the f 1 lows g f ctors • a Filing of a petition for tax abatement. b Notice of tax forfeiture. c. Disconnection of utilities. d Boarding up and securing of building. crimommVoltintary-dcstruction of the building or property. f. Voluntary change to a conforming land use. g. Unpennitted and illegal change from one nonconforming land use to another. h Change in business practices. 1. Lease or conveyance of property for a different uso, including sublease of thc tenant. continued.(3) Permitted construction. Construction is permitted on a lot under the following circumstances: a Where a legal nonconforming land uso exists and w,vhcre the construction is a. The repair, replacement, restoration, maintenance or improvement of any nonconformity, but not including expansion, except that such construction is prohibited in floodplain areas to the extent necessary to maintain eligibility in the National Flood Insurance Program and not increase flood damage potential or increase the degree of construction to flood flows in the floodway. b. Wher-e the constructionConstruction which would allow additions and alterations to buildings containing legal nonconforming residentialdwelling units provided they complying with the following conditions: Ordinance No. 2320-06 -14- 1. The construction will not result in an increase in the number of dwelling units; and 2. The building or parcel is not located in an area which the council has designated as a high pnority for redevelopment according to an adopted redevelopment strategy or plan. For the purpose of this section, a redevelopment strategy or plan shall be defined as a document and/or process which specifically outlines the area to be redeveloped and may include timelines and/or action steps to be taken, or which are being taken, to achieve the redevelopment. These action steps may include, but are not limited to, solicitation of developers, the purchase of property, environmental testing or remediation, demolition of structures and other similar activities. (3) Change in tenant or ownership. Any change of a tenant or in the ownership of any land which is classified as a nonconforming use shall require the new tenant or owner to obtain a certificate of occupancy or Registration of Land Use before the nonconforming use may be continued. (4) -. Change to less intense use A nonconforming land -use may be changed to a less intense nonconforming land use subject to approval by the zoning administrator. The property owner or tenant has the burden of providing evidence that the proposed land use is less intense than the existing nonconforming -land use. The zoning administrator shall consider the evidence provided by the property owner or tenant in evaluating relative intensities including, but not limited to, each of the following factors: a. Hours of operation. b Signage. c. Off-street parking and loading. d. Nature of business operations. e. Type of equipment or machinery. f. Outdoor storage. g. Number of employees. h. Aesthetic impacts on surrounding property. 1. Property values. The decision of the zoning administrator may be appealed in the manner set forth in section 36-31. (1) the building into compliance with applicable health and safety codes. Construction which is determined by the building official to be necessary to bnng (2) Construction which docs not extend, expand or intensify the nonconformity Ordinance No. 2320-06 -15- (5) Reduction in nonconformity Any nonconformity which is reduced in size, intensity or otherwise becomes more conforming may not again expand or become less conforming. (3) Routine maintenance and nonstructural alterations and repairs that do not extend thc 6) Nonconformity as a result of government action. by that taking creates a parcel which dons not conform to the width, area, or yard this section, however, such a legal nonconformity is exempt from the amortization 106. The same nonconforming status of tho • If the owner of a property which becomes a legal nonconformity or nonconforming lot as the result of a governmental takingacquisition by condemnation or negotiation applies for a variance to reinstateeliminate the legalnonconforming status teof the property, the governmental takingmuisition shall constitute a hardship for the purpose of the variance. (Code 1976, § 11.7 3; Ord. No. 2212 01, § 2, 10 3 2001) which are no longer compatible with the nature of thc community In general, these uses tend to city to gradually eliminate those uses which, because of their location or manner of operation, create a negative impact on the health and welfare of the neighborhood in which they exist. To has made every effort to accommodate permitting uses in districts where they are less likely to cause negative impact. In reaching its conclusion to provide for the gradual elimination of all are responsible for determining the applicability of this provision to their property (1) Notice. The city will provide property owncrs of nonconforming uses subject to tho to provide a property owner shall it extend the length of the registration period Ordinance No. 2320-06 -16- (2) Registration process The property owner shall file a registration application with the zoning administrator on a form provided by the city and accompanied by a fco to be a. Name, address and telephone number of the legal owner of the property; b. Names, addresses and telephone numbers of any tenants or lessees, along with a copy of lease agreements; c. Legal description of the property; d Description of the type and nature of the nonconforming use, including a descnption of the structures and improvements on the property, manner of operation, hours of operation, size of structure, type of construction, age of o. Description of surrounding neighborhood including street patterns and access, g. existence, Description of land use within 350 feet of the property, h. Evidence of the original cost of the property and structures and any subsequent improvements to the structures, i. A current appraisal of the value of the property and structures, J. A descnption of the depreciation method applied to the property for income tax purposes, based on generally recognized accounting principles applicable at tho k. The assessed value of the property for property tax purposes, 1. Copies of income tax and financial statements for the past five years; affect the length of the amortization period. (3) Exceptions The provisions of this section shall not apply to bars which existed as a (c) Failure to register. Failure to register a nonconforming use within ono year from the effective date of the ordinance frern which this chapter is derived shall require the owner or tenant to terminate the nonconfoinling use within six months from the end of the registration Ordinance No. 2320-06 -17- application and whether it is complete. The city shall not undertake an analysis of the registration application until it is complete (2) Factors in determining the length of the amortization period The zoning administrator amortization period a Information relating to the stiuctuie located on the property, b Nature of the use, c Location of the property in relation to surrounding uses, d. Description of the character of and uses in the suriounding neighborhood, o Cost of the property and improvements to the property; Benefit to the public by requiring the termination of the nonconforming use, g Burden on the pioperty owner by requiring the termination of the nonconforming use, h The length of time the use has been in existence and the length of time the use has been nonconforming amoitization peiioci The report shall contain a recommendation to the city council on the length oldie amortization period ('I) Cli) council to establish amortization period The city council shall by ordinance amend pier is derived to establish an amoi tization period for establishing the length of the amortization period parking. Nonconforming (+)a Any land use on any property which contains a nonconforming parking lot or paved area shall not be expanded or intensified unless the property is brought into compliance with the standards contained in section 36-361(b). However. all nonconforming parking lots and paved areas must comply with section 36 361(b) on or before October 31, 1997 In addition to the other penalties provided by law, the city may withhold a certificate of occupancy for any property not in compliance with this section. (2) b _Any land use which does not provide the number of parking spaces required by section 36-361(c) for the amount of parking piovided may remain as a nonconformity However, the land use may not be expanded 01 intensified unless it provides the parking spaces required under this chapter for the expansion -of Ordinance No. 2320-06 -18- a The floor area is increased.b The parking requirement is increased. c. The building bulk is increased d. A building addition is constiucted.(3) Land usesUses with nonconforming parking in terms of numbers of stalls Shall need not be required to provide additional parking to bnng the use into compliance if such parking would occupy required yards or bufferyards (g8) Nonconforming bufferyards. If buildings were existing on a parcel of land on the effective date of the ordinance from which this chapter is denved which, due to their location, make construction of the required bufferyards impossible, the following reductions in the bufferyard requirements may be made if the required bufferyard is: (I -)a A bufferyard B and the available bufferyard width is at least four feet but less than ten feet, a bufferyard shall be installed on the available width using 100 percent of the required plant units. (i)b Either A or B and the available bufferyard width is less than four feet, an F1 fence and 50 percent of the plant units required for each 100 linear feet of bufferyard shall be installed. (3)c. Either C or D and the available bufferyard width is at least four feet but less than ten feet, the bufferyard shall be installed on the available width using an F2 fence plus 50 plant units for each 100 linear feet of bufferyard (4)d. Either C or D and the available bufferyard width is less than four feet, an F4 fence shall be installed plus 25 plant units for each 100 linear feet of required bufferyard. (5)e Either E or F and the available bufferyard width is at least ten feet but less than 15 feet, the bufferyard shall be installed on the available width using a BW1 berm wall plus 75 plant units per 100 linear feet of required bufferyard. (6)f Either E or F and the available bufferyard width is at least four feet but less than ten feet, the bufferyard shall be installed on the available width using an F6 wall and 50 plant units per 100 linear feet of required bufferyard. (7)g_ Either E or F and the available bufferyard width is less than four feet, the bufferyard shall be installed on the available width using an F6 wall plus 25 plant units per 100 linear feet of required bufferyard. levels at the property line of whc date of the ordinance from which this chaptci is derived All site lighting which exceeds the maximum allowable light Ordinance No. 2320-06 -19- The reasonable amortization penod applicable to the ready mix facility owned and operated by Apple Valley Red E Mix at 3270 Gorham Avenue South, St. Louis Park, Minnesota, court of competent junsdiction (Code 1976, § 11:7 1.1) With the exception of section 36 105(a)(1), the provisions of sections 36 102 through 36 106 are not subject to appeal to the city council. (Code 1976, § 1t7 5.0) Sec. 3. The contents of Planning Case File 06-52-ZA are hereby entered into and made part of the • ublic hearing record and the record of decision for this case. ec. 4. This Ordinance shall take effect fifteen days after its publication. Revi d or Administration: -- Val\ 111A111111 City agerNei Attest: Adopted by the City Council November 6, 2006 Mayor as to f• -arid execution: City Attorney • STATE OF MINNESOTA) el PM newspapers AFFIDAVIT OF PUBLICATION ss COUNTY OF HENNEPIN) Richard Hendrickson, being duly sworn on an oath states or affirms, that he is the Chief Fi- nancial 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 applic- able laws, as amended (B) The printed public notice that is attached was published in the newspaper once each week, for one successive week(s), it was first published on Thursday, the 16 day of November , 2006, and was thereafter printed and published on every Thursday to and including Thursday, the day of , 2006, and printed below is a copy of the lower case alphabet from A to Z, both inclusive, which is hereby acknowl- edged as being the size and kind of type used in the composition and publication of the notice • abcdefghijklmnopqrstuvwxyz BY Subscribed and sworn to or affirmed before me on this 16 day of November , 2006 Notary ' blic MARY ANN CARLSON NOTARY PUBUC - MINNESOTA MY COMMISSION EXPIRES 1-31-09 RATE INFORMATION (1) Lowest classified rate paid by commercial users for comparable space 0) Maximum rate allowed by law (3) Rate actually charged $ 2 85 Der line $ 6 20 per line $ 1 30 per line rsda},NVov 16, 2006 - St. Louis Park Sun -Sailor 31A City of St. Louis Park (Official Publication) ORDINANCE NO 2320-06 - AN ORDINANCE AMENDING ST. LOUIS PARK ORDINANCE CODE . RELATING TO ZONING This ordinance states that amendments will be made to the zoning code relative to awnings and canopies, signs, budding materials, and non -conformities This ordinance shall take effect 15 days after publication Adopted by the City Council November 6, 2006 Jeffrey W Jacobs /s/ Mayor A copy of the full text of this ordinance is available for in- spection with the City Clerk Published in St Louis Park Sailor November 16, 2006 (Nov 16, 2006) a3 -Ord 2320-06 SUMMARY