HomeMy WebLinkAbout2325-07 - ADMIN Ordinance - City Council - 2007/04/09•
ORDINANCE NO. 2325-07
ORDINANCE AMENDING CHAPTER 26 (SUBDIVISIONS) AND CHAPTER 36
(ZONING) OF THE ST. LOUIS PARK
ORDINANCE CODE RELATIVE TO LANDSCAPING
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. 07-02-ZA).
Sec 2. The St. Louis Park Ordinance Code Section 26 (Subdivisions) and Section 36
(Zoning) is hereby amended as follows by deleting stricken language and adding underscored
language. Section breaks are represented by ***.
Chapter 26
SUBDIVISIONS
ARTICLE I. IN GENERAL
Sec. 26-3. Defmitions.
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ARTICLE IV. PLAT AND DATA REQUIREMENTS
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Sec. 26-122. Preliminary plat.
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(7) Preliminary landscape plan This plan shall show the proposed tree replacement and
landscape bufferyard requirements set forth in the zoning chapter.
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ARTICLE V. DESIGN STANDARDS
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Sec. 26-152. Blocks and lots.
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(b) Lots
Ordinance No. 2325-07 -2-
(11) Frontage on two streets. Double frontage, or lots with frontage on two parallel
streets, shall not be permitted except: where lots back on major collector or artenal
streets, county or state highways, or where topographic or other conditions render
subdividing otherwise unreasonable. Such double frontage lots shall adhere to the
following requirements:
a. Lot depth. Double frontage lots shall have an additional depth of at least 20
feet in order to allow space for screening along the
back lot line. To ensure adequate depth for such screening buffering, except as
may be approved by the city council, the following minimum depth
requirements shall be required for double frontage lots:
Minimum
Lot Depth
District (feet)
R-1 low density single-family 140
R-2 single-family 140
R-3 two-family 140
b. BuffeFingiSscreening. All screening bufferyard requirements as regulated by
the zoning chapter are satisfactorily met.
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Chapter 36
ZONING
Table of Contents
Article V. Special Provisions
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Sec. 36-364. Landscaping .
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ntiele-V' Tee r-ieties
Sec. 36 141. Reliable plant matenal for the city area.
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ARTICLE I. IN GENERAL
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Sec. 36-4. Defmitions.
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Ordinance No. 2325-07
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(Delete bufferyard picture)
Nonconforming means a situation where any development, structure, sign, site lighting, off-street
parking lot, landscaping bufferyard, land use or parcel 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 is not in full compliance with the regulations of this chapter.
Nonconforming parking means parking which legally existed upon the effective date of the
ordinance from which this chapter is derived and which did not comply with the numencal
requirements of section 36-361(e) or with the design requirements found in the landscaping
section of this chapter of section 36 361(b).
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Screen means a method of reducing the impact of noise and unsightly visual intrusions with leas
by placing vertical elements, such as plants, berms, fences, walls,
or any appropnate combination thereof between the incompatible land uses.
* * *
• Scgnificant tree
the City of St. Louis Park's Landscape Tree List.
(1) Category A shall include the following species:
a. Siberian Elm (Ulmus pumila)
b. All Populus species (Aspen, Cottonwood)
c. All Salix species (Willow)
d. Boxelder (Acer negundo)
o. Silver Maple (Acor sachannum)
f. Black Locust (Robinia pseudoacacia)
(2) Category B shall include all other tree species.
means any mature tree as defined in
more that is alive and hoalthy or a catogory B tree having a DBH of four inchcs or more if
* * *
ARTICLE III. GENERAL PROVISIONS
Sec. 36-72. Required yards and open space.
(a) The area of a yard, bufferyard, designed outdoor recreation area, or open lot area shall not
be reduced below the minimum size required by this chapter.
Ordinance No. 2325-07 -4-
(c) If the existing limiffeffarfl designed outdoor recreation area, or open lot area is less than
the minimum size required by this chapter, it shall not be reduced in size.
(d) No yard, designed outdoor recreation area, or open lot area which is required by this
chapter for any structures shall be included as a part of any yard or open space which is
required by this chapter for another structure, oxcept as providod in the regulation:,
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Sec. 36-74. Fences.
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(e) Exceptions
(1) A fence or wall may be up to l a' exceed eight feet in height if placed in any side or
rear yard which abuts Interstate 394, State Highway 100, State Highway 7, State
Highway 169, or their adjacent frontage road.
A fence or wall may be up to mot exceed eight feet in height if placed in any side or
rear yard in an R distnct which abuts property in the C, 0 or I distncts, or abuts a railroad
right-of-way, school, church, or other public building.
A fence or wall may be up to sliall-net-ecceed eight feet in height if placed in any side or
rear yard when it is required for screening. .
Delete Section 36-81 in its entirety.
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Sec. 36-82. Temporary uses.
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(b) Authorized temporary uses. A structure or land in any use district may be used for one
or more of the following temporary uses if the use complies with the conditions stated in this
chapter:
(1) Construction structures.
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de. All construction structures must be removed before a final occupancy permit is
issued.
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Ordinance No. 2325-07
(3) Temporary structures
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(4) Carnivals, festivals and promotional events.
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(5)
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cd. All signage must meet the temporary signage provisions found in Section 36-
362(h)(3). (Ord. No. 2250-03, 9-2-03)
Temporary outdoor sales
e. Temporary sales shall be permitted in the required front yard, side yard, and rear
yard unless prohibited under section 36-76; however, temporary outdoor sales
shall not be allowed in any required landscaped area or €fer or within the
public right-of-way unless such right-of-way will be closed for the event as
approved by the city or as specified by PUD approval.
(6) Agricultural commodities --Not more than 45 days.
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c. Agricultural commodities shall not be permitted in any bufferyard.
Article IV. Zoning Districts
DIVISION 3. RESIDENTIAL DISTRICT REGULATIONS
Sec. 36-163. R-1 single-family residence district.
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(c) Uses permitted with conditions. A structure or land in an R-1 distnct may be used for
one or more of the following uses if its use complies with the conditions stated in section
36-162 and those specified for the use in this subsection.
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6 (2) Commiznieatieft Community centers. The conditions are as follows.
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Ordinance No. 2325-07
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c. Outdoor areas intended improved for group activities shall be located at least 25
feet from any parcel that is zoned residential and used or subdivided for
residential use, or has an occupied institutional building, including but not limited
to schools, religious institutions, and community centers„ and -shall -be -buffered
Educational (academic). The conditions are as follows:
c. Outdoor recreational and play areas shall be located at least 25 feet from any lot
in an R district_,
Parks/recreation. The conditions are as follows:
c. A bufferyard D shall be constructed along the property line when the use abuts
nclude a B2 berm or F'I fence which shall be adequately maintained. Thi:,
other landscaped areas shall be surfaced with a material to control dust and
drainage.
ce. Swimming pools shall be located at least 50 feet from any lot line and at least 12
feet from any other structure on the same lot.
df. A drainage system approved by the city engineer shall be installed.
ems. Facilities which serve a community wide or regional function shall be located
with primary vehicular access on a collector or arterial street.
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(8) Bed and breakfast establishments The conditions are as follows:
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be. The total number of guestrooms shall be limited to three.
Ordinance No. 2325-07 -7-
(9)
cd. Not more than 50 percent of the gross floor area of the residence shall be used for
the guesthouse operation.
de. Only exterior alterations which do not alter the extenor appearance from its
single-family character will be allowed.
ef. Accommodations may be provided to a guest for a period not exceeding 14 days.
fg. Food service shall be limited to breakfast.
gh. Rented rooms shall not contain cooking facilities.
h}. Rooms used for sleeping shall be part of the primary residential structure and
shall not have been constructed specifically for rental purposes.
No more than 50 percent of the rear yard may be paved or used for parking.
1J•
Communication tower The conditions are as follows:
d. Tower structures shall not be permitted within any required yard o feryard.
(d) Uses permitted by conditional use permit. No structure or land in any R-1 district
shall be used for the following uses except by conditional use permit. These uses shall comply
with the requirements of all the general conditions provided in section 36-365 and with the
specific conditions imposed in this subsection.
(2) Public service structures. The conditions are as of section 36-366.
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un R distnct.
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(e) Accessory uses. The following uses shall be permitted accessory uses in an R-1 district:
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(11) Group day care/nursery school in a religious institution, community center, or
academic educational institution complying with all of the following conditions:
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b. The outside play areas are enclosed with a fenc
G.
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Ordinance No. 2325-07 -8-
Sec. 36-164. R-2 single-family residence district.
(c) Uses permitted with conditions. A structure or land in an R-2 district may be used for
one or more of the following uses if its use complies with the conditions stated in section 36-162
and those specified for the use permitted in this subsection.
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(2) Community centers The conditions are as follows:
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(3)
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c. Outdoor areas improved intended for group activities shall be located a minimum
of 25 feet from any lot in an R district . _ .. _ • . - . _ _ . _
Educational (academic) The conditions are as follows:
c. Outdoor recreational and play areas shall be located a minimum of 25 feet from
any lot in an R district,
buf€er C.
Parks/recreation The conditions are as follows:
s.
ce. Swimming pools shall be located a minimum of 50 feet from any lot line and at
least 12 feet from any other structure on the same lot.
df. A drainage system approved by the city engineer shall be installed.
eg. Facilities which serve a community wide or regional function shall be located
with primary vehicular access on a collector or artenal street.
h.
Ordinance No. 2325-07 -9-
• (8) Bed and breakfast establishments The conditions are as follows:
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• (9)
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be. The total number of guestrooms shall be limited to three.
cd. Not more than 50 percent of the gross floor area of the residence shall be used for
the guesthouse operation.
de. Only exterior alterations which do not alter the exterior appearance from its
single-family character will be allowed.
of. Accommodations may be provided to a guest for a period not exceeding 14 days.
fg. Food service shall be limited to breakfast.
Rented rooms shall not contain cooking facilities.
hi. Rooms used for sleeping shall be part of the primary residential structure and
shall not have been constructed specifically for rental purposes.
A maximum of 50 percent of the rear yard shall be paved or used for parking.
Communication tower. The conditions are as follows:
d. Tower structures shall not be permitted within any required yard .
(d) Uses permitted by conditional use permit. No structure or land in any R-2 distnct
shall be used for the following uses except by conditional use permit. These uses shall comply
with the requirements of all the general conditions provided in section 36-365(b) and with the
specific conditions imposed in this subsection and such other conditions as may be imposed by
the city council under section 36-34(b).
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(2) Public service structures. The conditions are as follows:
* * *
* * *
(e) Accessory uses. The following uses shall be permitted accessory uses in an R-2 distnct:
* * *
Ordinance No. 2325-07 -10-
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Group day care/nursery school in a religious institution, community center, or
academic educational institution complying with all of the following conditions:
b. The outside play areas are fenced D.
Sec. 36-165. R-3 two-family residence district.
* * *
(c) Uses permitted with conditions. A structure or land in an R-3 district may be used for
one or more of the following uses if its use complies with the conditions stated in section 36-162
and those specified for the use in this subsection (c):
Community centers. The conditions are as follows:
c. Outdoor areas improved intended for group activities shall be located at least 25
feet from any lot in an R district
(4) Educational (academic). The conditions are as follows:
* * *
c. Outdoor recreational and play areas shall be located at least 25 feet from any lot
in an R district
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(6) Parks/recreation. The conditions are as follows:
* * *
include a B2 berm or Fl fence which shall be adequately maintained. This
other landscaped areas shall be surfaced with a matenal to control dust and
dreinage.
ce. Swimming pools shall be located at least 50 feet from any lot line and at least 12
feet from any other structure on the same lot.
df. A drainage system approved by the city engineer shall be installed.
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Ordinance No. 2325-07
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Facilities which serve a community wide or regional function shall be located
with primary vehicular access on a collector or arterial street.
Bed and breakfast establishments. The conditions are as follows:
be. The total number of guestrooms shall be limited to three.
cd. Not more than 50 percent of the gross floor area of the residence shall be used for
the guest house operation.
de. Only exterior alterations which do not alter the exterior appearance from its
single-family or two-family character will be allowed.
e€ Accommodations may be provided to a guest for a period not exceeding 14 days.
f. Food service shall be limited to breakfast.
glh. Rented rooms shall not contain cooking facilities.
hi. Rooms used for sleeping shall be part of the primary residential structure and
shall not have been constructed specifically for rental purposes.
No more than 50 percent of the rear yard may be paved or used for parking,
(10) Communication tower. The conditions are as follows:
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d. Tower structures shall not be permitted within any required yard .
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(d) Uses permitted by conditional use permit. No structure or land in any R-3 district
shall be used for the following uses except by conditional use permit. These uses shall comply
with the residential restrictions and performance standards of section 36-162, all the general
conditions provided in section 36-365, the specific conditions imposed in this subsection (d) and
such other conditions as may be imposed by the city council under subsection (b) of section 36-
• 34
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Ordinance No. 2325-07
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(2) Public service structures. The conditions are as follows:
DR mtnct.
* * *
(e) Accessory uses. The following uses shall be permitted accessory uses in an R-3 district:
* * *
(11) Group day care/nursery school in a religious institution, community center, or academic
educational institution complying with all of the following conditions:
* * *
b. The outside play areas is fenced
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Sec. 36-166. R-4 multiple -family residence district.
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(c) Uses permitted with conditions. A structure or land in an R-4 distnct may be used for
one or more of the following uses if its use complies with the residential restrictions and
performance standards of section 36-162 and those conditions specified for the use in this
subsection (c):
* * *
(2) Group day care/nursery school. The conditions are as follows:
a. At least 40 square feet of outside play space per pupil must be provided and such
space shall be enclosed by a F3. fencebufferyardC.
Group home/nonstatutory The conditions are as follows:
f. A bufferyard D shall be provided along any abutting lot located within an R
fg. A minimum of 300 square feet of gross building area shall be provided for each
resident.
Community centers. The conditions are as follows:
Ordinance No. 2325-07 -13-
c. Outdoor areas improved intended for group activities shall be located a minimum
of 25 feet from any lot in an R distnct . - . • - -. - - - . -
(6) Educational (academic) The conditions are as follows:
c. Outdoor recreational and play areas shall be located a minimum of 25 feet from
any lot in an R distnct,
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(8) Parks and recreation. The conditions are as follows:
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include a B2 berm or F4 fence which shall be adequatoly maintained. Thia
d. The entire site other than that taken up by structures, Fequircd bufferyards, or
drainage.
ce. Swimming pools shall be located a minimum of 50 feet from any lot line and a
minimum of 12 feet from any other structure on the same lot.
df. A drainage system approved by the city engineer shall be installed.
ems. Facilities which serve a community wide or regional function shall be located
with primary vehicular access on a collector or artenal street.
h. Facilities within 300 feet of a property in an R distnct that require night lighting
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(11) Communication tower. The conditions are as follows:
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d. Tower structures shall not be permitted within any required yard ems.
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(d) Uses permitted by conditional use permit. No structure or land in any R-4 distnct shall
be used for the following uses except by conditional use permit. These uses shall comply with
the requirements of all the general conditions provided in section 36-365 and with the specific
conditions imposed in this subsection (d) and such other conditions as may be imposed by the
city council under section 36-34(b)
Ordinance No. 2325-07 -14-
(4) Public service structure. The conditions are as follows:
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(7) Office less than 2,500 square feet. The conditions are as follows:
a. A bufferyard C shall be installed and maintained along any abutting lot located
ab. Structures that require night lighting shall be lighted according to a lighting plan
approved by the director of public works which shall include fixture
specifications and demonstrate that off site impact will be minimized in
conformance with section 36-363.
be. Access shall be to a roadway identified in the comprehensive plan as a collector
or artenal or shall be otherwise located so that access can be provided without
generating significant traffic on local residential streets.
cd. The materials used in and placement of all signs shall be integrated with the
building design and architecture and shall conform with the general provisions
and R-4 district standards of section 36-362.
de. The architecture of the building shall be residential in character.
e€ The parking areas shall be set back at least five feet from any parcel that is zoned
residential and used or subdivided for residential use, or has an occupied
institutional building, including but not limited to schools, religious institutions,
and community centers, and shall conform with all provisions of section 36-361.
(Ord. No. 2248-03, 8-18-03)
(8) Educational (academic). The conditions are as follows:
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de. The school property shall not adjoin any R-1, R-2 or R-3 property that is used or
subdivided for residential.
of. The school building must be residential in character.
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Ordinance No. 2325-07
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(e) Uses permitted by PUD. The conditions for an office are as follows:
(6)
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Loading areas, access, parking, signing, and building equipment shall be prohibited or
minimized next to residential areas to the extent appropriate in order to ensure compatible
development.
(f) Accessory uses. The following uses shall be permitted accessory uses in an R-4 district:
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(13) Parking ramps provided that all of the following conditions are met:
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c. The parking ramp shall be screened from view from any abutting property located
within an R distnct with a buff ryara F. The screening Thi buff r.ard shall
include a six foot B4 -berm or a BW3 berm wall where the parking ramp is above
ground.
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Sec. 36-167. R -C high-density multiple -family residence district.
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(c) Uses permitted with conditions. A structure or land in an R -C district may be used for
one or more of the following uses if it complies with the residential restnctions and performance
standards of section 36-162 and with those specified for the use in this subsection:
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(2) Group day care/nursery school. The conditions are as follows:
a. A minimum of 40 square feet of outside play space per pupil must be provided
and such space shall be enclosed by a 13 fence C.
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(3) Group home/nonstatutory. The conditions are as follows:
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f. A bufforyard D shall be provided along any abutting lot located within an R
drstfict.
A minimum of 300 square feet of gross building area shall be provided for each
resident.
Community centers. The conditions are as follows:
Ordinance No. 2325-07 -16-
c. Outdoor areas improved intended for group activities shall be located a minimum
of 25 feet from any lot in an R distnct
(6) Educational (academic). The conditions are as follows:
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c. Outdoor recreational and play areas shall be located a minimum of 25 feet from
any lot in an R district,
Parks/recreation The conditions are as follows:
d. The entire site other than that taken up by structures, required bufferyards, or
ElFainage
ce. Swimming pools shall be located a minimum of 50 feet from any lot line and a
minimum of 12 feet from any other structure on the same lot.
d€ A drainage system approved by the city engineer shall be installed.
ems. Facilities which serve a conununtywide or regional function shall be located with
primary vehicular access on a collector or arterial street.
(11) Communication tower. The conditions are as follows:
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d. Tower structures shall not be permitted within any required yard
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Ordinance No. 2325-07 -17-
(d) Uses permitted by conditional use permit No structure or land in any R -C district shall
be used for the following uses except by conditional use permit. These uses shall comply with
the residential restrictions and performance standards of section 36-162, the general conditions
of section 36-367, and with the specific conditions imposed in this subsection as follows:
(2) Hospital. The conditions are as follows:
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d. Screening and a six foot privacy fence shall be installed " bufc r yard F shall be
walled -and maintained along any abutting R distncts.
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(3) Public service structure. The conditions are as follows:
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d. A bufferyard C shall be installed and maintained along property lines in an R
dot.
de. The use shall be found not to substantially detract from meeting housing goals
identified in the comprehensive plan.
• (I) Accessory uses The following uses shall be permitted accessory uses in an R -C distnct.
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(12) Parking ramps provided that all of the following conditions are met, unless said
conditions are waived or amended by a redevelopment plan for the area that has been
adopted as part of the city comprehensive plan:
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c. The parking ramp shall be screened from view from any abutting property located
within an R district F. The screening shall
include a six foot berm BI er ^ ber wall BW3 where the parking ramp is above
ground.
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Article IV. Zoning Districts
DIVISION 4. COMMERCIAL DISTRICT REGULATIONS*
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Sec. 36-193. C-1 neighborhood commercial district.
(c) Uses permitted with conditions. A structure or land in a C-1 district may be used for
one or more of the following uses if its use complies with conditions stated in section 36-192,
and those specified for the use in this subsection (c). None of the following uses shall exceed
intensity classification 4, except by conditional use permit:
Ordinance No. 2325-07 -18-
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(2) Group care/nursery school. The conditions are as follows:
a. A minimum of at least 40 square feet of outside play space per pupil shall be
provided and such space shall be enclosed by a
fence .
Parks/recreation. The conditions are as follows:
drainage.
df. Facilities which serve a community wide or regional function shall be located
with primary vehicular access on a collector or arterial street.
(6) Public service structures. The conditions are as follows:
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district.
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(12) Food service. The conditions are as follows:
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be. No building may be located within 25 feet of any parcel that is zoned residential
and used or subdivided for residential, or has an occupied institutional building,
including but not limited to schools, religious institutions, and community centers.
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(16) Private entertainment (indoor) without intoxicating liquor license The conditions are
as follows:
Ordinance No. 2325-07
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se .
be. If there is a wine and/or beer license, there shall be no separate bar area within the
establishment.
(17) Restaurants without intoxicating liquor license. The conditions are as follows:
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bo r F5 F e
cd If there is a wine and/or beer liquor license, there shall be no separate bar area
within the restaurant.
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(20) Studio. The conditions are as follows:
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(21) Communication tower. The conditions are as follows:
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c. The tower structure shall not be permitted within any required yard .
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(d) Conditional uses. No structure or land in a C-1 district shall be used for the following
uses except by conditional use permit. These uses shall comply with the commercial restrictions
and performance standards of section 36-192, the requirements of all the general conditions
provided in section 36-365, with the specific conditions imposed in this subsection (d), and with
any other conditions the city council may impose.
(1) Motor fuel station. The conditions are as follows:
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Ordinance No. 2325-07 -20-
de. All pump islands, air dispensers and other service devices shall be installed at
least 12 feet off and toward the interior of the lot from the required yard line, and
no display, servicing of vehicles, parking or dispensing of gasoline shall take
place within the required yard. On sites where pump islands have been
constructed at the required yard line, a landscaped area of eight feet shall be
installed in the required yard.
f. The entire site other than building, required yard, bufferyard, and other
g. All parking and paved areas shall be graded, designed, and landscaped in
eh. All on site utility installations shall be placed underground.
fi. No outside sale or display shall be permitted except gasoline and other goods
consumed in the normal operation of a car limited to the following kinds of
products. oil, gasoline and oil additives, windshield cleaner, windshield wipers,
tires and battenes. No products shall be sold or displayed in any required yard nor
shall the total display area occupy more than 150 square feet in area or be more
than five feet in height. No other vehicular parts and nonautomobile onented
goods shall be displayed or sold outside.
Modification of the requirement of this section may be made for service stations
in existence on the effective date of the ordinance from which this chapter is
derived, if the city council finds that, because of the shape of the lot, size of the
lot, the location of the pnncipal building on the lot or similar circumstances, it
would be impossible to satisfy the stnct terms of this section or that they could be
satisfied only by imposing exceptional or undue hardship upon the owner of the
lot.
hk. No public address system shall be audible from any property located within an R
district.
ii. Canopy and canopy support systems shall be constructed using architectural
design and materials which are compatible with the principal structure.
lit. The use is in conformance with the comprehensive plan including any provisions
of the redevelopment chapter and the plan by neighborhood policies for the
neighborhood in which it is located and conditions of approval may be added as a
means of satisfying this requirement.
Post office customer service.
e. Screening A-bu€feryarB shall be provided along the lot line between the dnve
through facilities and stacking areas and adjacent streets and properties, but shall
not interfere with visibility at the intersection of the exit dnve and adjacent street
as required by section 36-76.
Ordinance No. 2325-07
-21-
(6) In -vehicle sales or service. The conditions are as follows:
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(7)
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be. Stacking shall be provided for six cars per customer service point and shall
comply with all yard requirements.
cd. This use shall only be permitted when it can be demonstrated that the operation
will not have a significant adverse effect on the existing level of service of
adjacent streets and intersections.
de. The dnve-through facility shall be designed so it does not impede traffic or impair
vehicular and pedestrian traffic movement, or exacerbate the potential for
pedestrian or vehicular conflicts.
of Access shall be to a roadway identified in the comprehensive plan as a collector
or arterial or shall be otherwise located so that access can be provided without
generating significant traffic on local residential streets.
Any canopy as part of this use shall be compatible with the architectural design
and materials of the principal structure.
The use is in conformance with the comprehensive plan including any provisions
of the redevelopment chapter and the plan by neighborhood policies for the
neighborhood in which it is located and conditions of approval may be added as a
means of satisfying this requirement.
fg.
gh.
Educational (academic) The conditions are as follows:
a. When outdoor play areas are provided, a minimum of 40 square feet of outside
play space per pupil must be provided and such space shall be enclosed by a
fence.
an F3 fence as descnbcd in section 36 361.
(f) Dimensional standards/densities.
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(4) The front yard shall be a minimum of five feet unless a greater depth is required to meet
screening buffeffard requirements. If the average depth of at least two existing front
yards, for buildings within 150 feet along the same block front of the lot in question, are
less or greater than 20 feet, in that case the required front yards shall be the average depth
of such existing front yards, but the depth of a front yard shall not be less than five feet
nor be required to exceed 50 feet.
Ordinance No. 2325-07 -22-
Sec. 36-194. C-2 general commercial district.
***
(c) Uses permitted with conditions. A structure or land in a C-2 district, may be used for
one or more of the following uses if its use complies with conditions stated in section 36-192 and
those specified for the use in this subsection (c):
***
(2) Dry cleaning, laundering with route pickup and delivery. The conditions are as follows:
***
***
(3)
c. Outside vehicle storage shall be screened from any abutting R district by
buffertard-F.
Group day care/nursery school. The conditions are as follows:
a. A minimum of 40 square feet of outside play space per pupil must be provided
and such space shall be screened and enclosed with a fence.
36 361.
***
(4) Parks/recreation The conditions are as follows:
***
d. Screening A•ff ryara 1) shall be installed fisted along the property line
when the use abuts property residentially used or in one of the R districts. This
screening bufferyard shall include a 13-2 berm or F4 fence which shall be
adequately maintained. Application of this provision shall not require a fence
within the required front yard.
drainage
e€ Facilities which serve a community wide or regional function shall be located
with primary vehicular access on a collector or arterial street.
g•
Facilities within 300 feet of a property in an R district that require night lighting
***
(6) Utility substation The conditions are as follows:
***
Ordinance No. 2325-07
-23-
(10) Convention/exhibition halls. The conditions are as follows:
* * *
district.
(11) Food service. The conditions are as follows:
- 9 -
an R district.
ab. Building shall be located a minimum of 25 feet from any parcel that is zoned
residential and used or subdivided for residential, or has an occupied institutional
building, including but not limited to schools, religious institutions, and
community centers.
(12) Hotel/motel. The conditions are as follows:
* * *
***
(15) Outdoor sales (display) The conditions are as follows:
ah. No public address system shall be audible from any property located in an R
district.
be. The site shall be kept neat and orderly.
cd. The use shall not be permitted within any required yard,bu�ard or landscaped
area.
de. The use shall be located a minimum of 100 feet from any parcel that is zoned
residential and used or subdivided for residential, or has an occupied institutional
building, including but not limited to schools, religious institutions, and
community centers.
ef. The operator of the use shall not sell or trade exclusively in used merchandise, but
shall have at least one-third of its stock on the site in new, unused merchandise.
Ordinance No. 2325-07
-24-
All open sales or rental lots shall be operated in conjunction with a business
operated in a building or buildings in which the same or similar materials are
displayed and offered for sale as those displayed on the open sales or rental lot.
All paved areas shall be graded, designed and landscaped as required by section
36-361
String lighting shall be prohibited.
ik. The area of open sales or rental lot used for storage and display of merchandise
shall not exceed two square feet for every one square foot of building on the site
devoted to the same or similar use or accessory use.
(17) Private entertainment (indoor) without intoxicating liquor license The conditions are as
follows:
***
section 36 361.
be. If there is a wine and/or beer license, the following additional conditions shall
apply:
***
(18) Restaurants without intoxicating liquor license The conditions are as follows:
***
berm or F5 fence.
cd. If there is a wine and/or beer liquor license, the following additional conditions
shall apply:
***
(19) Shopping center. The conditions are as follows:
***
dist-ret
cd. All buildings and structures shall be set back a minimum of 25 feet from any
parcel that is zoned residential and used or subdivided for residential, or has an
occupied institutional building, including but not limited to schools, religious
institutions, and community centers.
Ordinance No. 2325-07 -25-
(20) Communication tower. The conditions are as follows:
c. The tower structure shall not be permitted within any required yard .
***
(21) Parking ramps as principal structure. The conditions are as follows:
***
d. The parking ramp shall be screened from view from any abutting property located
within an R district with a bufferyard F. The screening Thi buff^yard shall
include a six foot B4 berm if the parking ramp is above
ground.
***
(d) Uses permitted by conditional use permit. No structure or land in a C-2 district shall
be used for the following uses except by conditional use permit. Those uses shall comply with
the commercial restrictions and performance standards of section 36-192, all those general
conditions provided in section 36-367 and with the specific conditions imposed in this subsection
(d), and with any other conditions which may be imposed by the city council.
(1) Motor fuel station. The conditions are as follows:
ab. All pump islands, air dispensers and other service devices shall be installed at
least 12 feet off and toward the intenor of the lot from the required yard line, and
no display, servicing of vehicles, parking or dispensing of gasoline shall take
place within the required yard. On sites where pump islands have been
constructed at the required yard line, a landscaped area of eight feet will be
installed in the required yard.
b4. All on site utility installations shall be placed underground.
ce. No outside sale or display shall be permitted except gasoline and other goods
consumed in the normal operation of a car limited to the following kinds of
products: oil, gasoline and oil additives, windshield cleaner, windshield wipers,
tires and battenes. No products shall be sold or displayed in any required yard nor
shall the total display area occupy more than 150 square feet in area or be more
than five feet in height. No other vehicular parts and nonautomobile oriented
goods shall be displayed or sold outside.
df Any canopy and canopy support system shall be constructed using architectural
design and materials which are compatible with the principal structure.
Ordinance No. 2325-07 -26-
Modification of the requirement of this section may be made for service stations
in existence on the effective date of the ordinance from which this chapter is
derived if the city council finds that, because of the shape of the lot, size of the
lot, the location of the pnncipal building on the lot, or similar circumstances, it
would be impossible to satisfy the strict terms of this section or that they could be
satisfied only by imposing exceptional or undue hardship upon the owner of the
lot.
f13. No public address system shall be audible from any parcel that is zoned
residential and used or subdivided for residential, or has an occupied institutional
building, including but not limited to schools, religious institutions, and
community centers.
1;
The use is in conformance with the comprehensive plan including any provisions
of the redevelopment chapter and the plan by neighborhood policies for the
neighborhood in which it is located and conditions of approval may be added as a
means of satisfying this requirement.
(2) Motor vehicle sales The conditions are as follows:
o. All parking and paved areas shall mcct all of tho landscaping and design
ef. Stnng lighting shall be prohibited.
fg. The area of open sales or rental lot used for storage and display of merchandise
shall not exceed two square feet for every one square foot of building on the site
devoted to the same or a similar use or accessory use.
g#. No test driving shall be permitted on local residential streets.
h}. No outdoor public address system shall be permitted.
All customer and employee parking shall be clearly designated and signed.
No motor vehicle transport loading or unloading shall be permitted on any minor
residential street.
ki. No display or storage of motor vehicles shall be permitted on any public right-of-
way.
n. A bufferyard F shall be installed and maintained along all property lines of an
le. The storage lot shall be located a minimum of 100 feet from any parcel that is
zoned residential and used or subdivided for residential use, or has an occupied
institutional building, including but not limited to schools, religious institutions,
and community centers. (Ord. No. 2248-03, 8-18-03)
Ordinance No. 2325-07 -27-
(3)
***
***
p. The use is in conformance with the comprehensive plan including any provisions
of the redevelopment chapter and the plan by neighborhood policies for the
neighborhood in which it is located and conditions of approval may be added as a
means of satisfying this requirement.
Motor vehicle service and repair. The conditions are as follows:
fg. Additional conditions for carwash:
1h•
3. All parking and paved areas shall meet tho drainage, design, and
34. No ingress or egress points for a carwash shall be closer than 150 feet
from the point of intersection of the required front and side yard lines
adjoining intersecting streets. The exit door from the carwash shall be at
least 45 feet from the public right-of-way. Drainage shall be away from
the public street at the egress points to prevent spillage onto the street. The
grades of the interior floor shall be sloped away from the exit door, and
such floor shall be sloped to an accepted intenor drainage system. No
water which is used in the operation of the carwash shall be allowed on
any public right-of-way.
45. Automatic carwashes accessory to a motor fuel station or motor vehicle
service and repair facility shall provide stacking space for at least four
cars. Cars located in these stacking spaces should not block ingress and
egress driveways on the site or driveways providing access to gasoline
pumps, service bays or required off-street parking, except that vehicles in
stacking spaces may block access to parking stalls which are signed for
employee parking only. All other provisions in subsections (d)(3)g.1.
through (d)(3)g.4. of this section shall apply to automatic carwashes,
except that no additional off-street parking spaces shall be required for an
automatic carwash and ingress or egress to an automatic carwash may be
permitted within 150 feet of the point of intersection of the required front
and side yard lines subject to the limitations of subsection (7) of this
section.
The use is in conformance with the comprehensive plan including any provisions
of the redevelopment chapter and the plan by neighborhood policies for the
neighborhood in which it is located and conditions of approval may be added as a
means of satisfying this requirement.
(4) Restaurants with intoxicating hquor license. The conditions are as follows:
***
Ordinance No. 2325-07 -28-
(5)
***
de. The use is in conformance with the comprehensive plan including any provisions
of the redevelopment chapter and the plan by neighborhood policies for the
neighborhood in which it is located and conditions of approval may be added as a
means of satisfying this requirement.
Places of Assembly. The conditions are as follows:
g. With intoxicating liquor, the following additional conditions apply:
prepeft-y-in-aft-R-distfiet
The use must be in conformance with the comprehensive plan including
any provisions of the redevelopment chapter and the plan by neighborhood
policies for the neighborhood in which it is located and conditions of
approval may be added as a means of satisfying this requirement.
Private entertainment (indoor) with intoxicating liquor license. The conditions are as
follows:
rcD -dtrict
i srsror.
de. The use is in conformance with the comprehensive plan including any provisions
of the redevelopment chapter and the plan by neighborhood policies for the
neighborhood in which it is located and conditions of approval may be added as a
means of satisfying this requirement.
(10) Post office customer service.
***
of. Drive through and stacking areas shall not be within 100 feet of any parcel that is
zoned residential and used or subdivided for residential use, or has an occupied
institutional building, including but not limited to schools, religious institutions,
and community centers unless the entire facility and stacking areas are separated
from said parcel by a building wall or buff ryara F. (Ord. No. 2248-03, 8-18-03)
(11) In -vehicle sales or service The conditions are as follows:
***
•
Ordinance No. 2325-07
-29-
be. Stacking shall be provided for six cars per customer service point and shall
comply with all yard requirements.
al. This use shall only be permitted when it can be demonstrated that the operation
will not have a significant adverse affect on the existing level of service on
adjacent streets and intersections.
de. The drive-through facility shall be designed so it does not impede traffic or impair
vehicular and pedestrian traffic movement, or exacerbate the potential for
pedestrian or vehicular conflicts.
of. Access shall be to a roadway identified in the comprehensive plan as a collector
or arterial or shall be otherwise located so that access can be provided without
generating significant traffic on local residential streets.
1h•
Any canopy constructed as part of this use shall be compatible with the
architectural design and materials of the principal structure.
The use is in conformance with the comprehensive plan including any provisions
of the redevelopment chapter and the plan by neighborhood policies for the
neighborhood in which it is located and conditions of approval may be added as a
means of satisfying this requirement.
• (12) Retail stores and large item retail stores over 20,000 square feet
***
distrret.
al. All buildings and structures shall be set back a minimum of 25 feet from any
parcel that is zoned residential and used or subdivided for residential, or has an
occupied institutional building, including but not limited to schools, religious
institutions, and community centers.
de. The use is in conformance with the comprehensive plan including any provisions
of the redevelopment chapter and the plan by neighborhood policies for the
neighborhood in which it is located and conditions of approval may be added as a
means of satisfying this requirement.
(13) Shopping center between 50,000 and 200,000 square feet. The conditions are as
follows:
***
district.
cd. All buildings and structures shall be set back a minimum of 25 feet from any
parcel that is zoned residential and used or subdivided for residential, or has an
occupied institutional building, including but not limited to schools, religious
institutions, and community centers.
Ordinance No. 2325-07 -30-
de. The use is in conformance with the comprehensive plan including any provisions
of the redevelopment chapter and the plan by neighborhood policies for the
neighborhood in which it is located and conditions of approval may be added as a
means of satisfying this requirement
(14) Educational (academic). The conditions are as follows:
a. When outdoor play areas are provided, a minimum of 40 square feet of outside
play space per pupil must be provided and such space shall be enclosed sereened
with a .. _ . : '_ ..:, . -. -, .. fence as
***
(e) Uses permitted by PUD. No structure or land in a C-2 district shall be used for the
following uses except by the PUD process. Uses and structures which are permitted by right,
permitted with conditions, or permitted as conditional uses may also be permitted by PUD.
Provisions for the PUD and modifications to dimensional standards and densities are provided
under section 36-367.
(1) Shopping centers over 200,000 square feet of gross floor area provided that the following
conditions are met:
* * *
* * *
c. New in -vehicle sales or service shall only be permitted when it can be
demonstrated that their operation will not have a significant adverse effect on the
internal circulation of the PUD and the level of service of nearby street and
intersections and must comply with the following conditions:
i.
23. Stacking shall be provided for a minimum of six cars per customer service
point.
34. Stacking shall be prohibited on public streets, in fire lanes, and in areas
that interfere with on-site vehicular and pedestnan circulation
. Single -use buildings over 10,000 square
feet and multiple -use buildings over 15,000 square feet that are constructed after
adoption of this chapter must utilize a landscaped screening area that is
a minimum of 40 feet in width in order to satisfy this requirement. Such screening
beffeFyafd must include a minimum five -foot -tall berm along its entire length, a
double row of evergreen trees that are each a minimum of eight feet tall at
planting and spaced no more than 25 feet apart, and deciduous trees interspersed
with the evergreen plantings.
•
•
•
Ordinance No. 2325-07 -31-
(f) Accessory uses. The following uses shall be permitted accessory uses in any C-2 district:
* * *
(9)
* * *
Autobody/painting is permitted as an accessory use to motor vehicle sales if:
cd. The use is incorporated into the motor vehicle sales/service building and does not
exceed 30% of the gross floor area of said building.
(g) Dimensional standards/densities.
***
(4) The front yard shall be a minimum of five feet unless a greater depth is required to meet
screening requirements. If the average depth of at least two existing front
yards for buildings within 150 feet along the same block front of the lot in question, are
less or greater than 20 feet, in that case the required front yards shall be the average depth
of such existing front yards, but the depth of a front yard shall not be less than five feet or
be required to exceed 50 feet.
* * *
Article IV. Zoning Districts
DIVISION 5. OFFICE DISTRICT REGULATIONS*
* * *
Sec. 36-222. Office district restrictions and performance standards; general provisions.
* * *
(8) No storage, display or parking of vehicles shall be allowed in any of the required yards;
mor landscaped areas.
* * *
Sec. 36-223.0 office district.
* * *
(c) Uses permitted with conditions. A structure or land in any 0 district may be used for
one or more of the following uses if it complies with the conditions stated in section 36-222 and
those specified for the use in this subsection:
***
(2) Group day care/nursery schools The conditions are as follows:
110 ***
b. A minimum of 40 square feet of outside play space per pupil shall be provided
and such space shall be enclosed by ani a fence and€feFyar13.
Ordinance No. 2325-07 -32-
Hospital. The conditions are as follows:
d. Screening shall be installed along any abutting R district, and the screening shall
include a six foot privacy fence.
(7) Parks/recreation. The conditions are as follows:
***
property residentially used or in one of the R distncts. This bufferyard shall
include a B2 berm or F1 fence which shall be adequately maintained. This
d. The entire site other than that taken up by structures, required bufferyards, or
drainage.
ce. Swimming pools shall be located a minimum of 50 feet of any lot line and a
minimum of 12 feet from any other structure on the same lot.
df. A drainage system approved by the city engineer shall be installed.
Facilities which serve a communitywide or regional function shall be located with
primary vehicular access on a collector or arterial street.
***
(10) Convention/exhibition halls The conditions are as follows:
***
district.
(11) Hotel/motel. The conditions are as follows:
Ordinance No. 2325-07
***
-33-
(14) Private entertainment (indoor) without intoxicating liquor license. The conditions are
as follows:
***
***
c. A bufferyard F shall be provided along a
N.
cd. If there is a wine and/or beer license, the following additional conditions shall
apply:
(15) Restaurants without intoxicating liquor license. The conditions are as follows:
***
minimum, a B2 berm or F5 fence as defined in section 36 361.
e€ If there is a wine and/or beer license, the following additional conditions shall
apply:
***
(17) Communication towers. The conditions are as follows:
***
c. Communication towers shall not be permitted within 'any required yard of
***
(18) Parking lots. The conditions are as follows:
a. Parking lots shall comply with all design, grading, curb, landscaping and
ab. Access shall be directly to a roadway identified in the comprehensive plan as a
collector or arterial or otherwise located so that access can be provided without
conducting significant traffic on local residential streets.
(19) Parking ramps as principal structure. The conditions are as follows:
***
d. The parking ramp shall be screened from any abutting property located within an
R district F. The screening shall include a six
foot B4 berm where the parking ramp is above ground.
Ordinance No. 2325-07 -34-
(22) Educational (academic). The conditions are as follows:
a. When outdoor play areas are provided, a minimum of 40 square feet of outside
play space per pupil must be provided and such space shall be enclosed sereened
with a .. - . • . "- - , . fence as
de3cribed ectio., 36 36n
***
(d) Uses permitted by conditional use permit. No structure or land in an 0 district shall be
used for the following uses except by conditional use permit. These uses shall comply with the
office restrictions and performance standards of section 36-222 and all those general conditions
provided in section 36-367 and with the specific conditions imposed in this subsection (d).
(1) Motor fuel station. The conditions are as follows:
ab. All pump islands, air dispensers and other service devices shall be installed at
least 12 feet off and toward the interior of the lot from the required yard line. No
display, servicing of vehicles, parking or dispensing of gasoline shall take place
within the required yard area. On sites where pump islands have been constructed
at the required yard line, a landscaped area of eight feet will be installed in the
required yard.
c. All parking and paved areas shall meet the grading, design and landscaping
bd. All on site utility installations shall be placed underground.
ce. No outside sales or display shall be permitted except for goods consumed in the
normal operation of an automobile such as oil, gasoline and oil additives,
windshield cleaner, windshield wipers, tires and batteries, and such products shall
not be sold or displayed in any required yard, nor shall the total display area of
any one or any combinations of such products occupy more than 150 square feet
in area or more than five feet in height. No other vehicular parts and
nonautomobile-oriented goods shall be displayed or sold outside.
df.
Any canopy and canopy support systems shall be constructed using architectural
design and materials which are compatible with the pnncipal structure.
No public address system shall be audible from any parcel that is zoned
residential and used or subdivided for residential, or has an occupied institutional
building, including but not limited to schools, religious institutions and
community centers.
f#. The use is in conformance with the comprehensive plan including any provisions
of the redevelopment chapter and the plan by neighborhood policies for the
neighborhood in which it is located and conditions of approval may be added as a
means of satisfying this requirement.
Ordinance No. 2325-07
-35-
(2) Restaurants with Intoxicating liquor license. The conditions are as follows:
fg•
located within a., D district
The use is in conformance with the comprehensive plan including any provisions
of the redevelopment chapter and the plan by neighborhood policies for the
neighborhood in which it is located and conditions of approval may be added as a
means of satisfying this requirement.
***
(4) Offices where Intensity classification exceeds 6. The conditions are as follows:
***
***
f.
- - - --. --- -- - • '
district. Loading areas, access, parking, sigmng, and building equipment shall be
prohibited or minimized next to residential areas to the extent appropriate in order
to ensure compatible development.
Medical and dental offices where intensity classification exceeds 6 The conditions are
as follows:
f.
dist. Loading areas, access, parking, signing, and building equipment shall be
prohibited or minimized next to residential areas to the extent appropriate in order
to ensure compatible development.
(6) Places of Assembly. The conditions are as follows:
***
g. With intoxicating liquor, the following additional conditions apply:
***
ini-. The use must be in conformance with the comprehensive plan including
any provisions of the redevelopment chapter and the plan by neighborhood
policies for the neighborhood in which it is located and conditions of
approval may be added as a means of satisfying this requirement.
***
(8) Private entertainment (indoor) with intoxicating liquor license. The conditions are as
follows:
Ordinance No. 2325-07
(9)
***
-36-
de. The use is in conformance with the comprehensive plan including any provisions
of the redevelopment chapter and the plan by neighborhood policies for the
neighborhood in which it is located and conditions of approval may be added as a
means of satisfying this requirement.
In -vehicle sales or service. The conditions are as follows:
be. Stacking shall be provided for six cars per customer service point and shall
comply with all yard requirements.
cd. This use shall only be permitted when it can be demonstrated that the operation
will not have a significant adverse affect on the existing level of service on
adjacent streets and intersections.
de. The drive-through facility shall be designed so it does not impede traffic or impair
vehicular and pedestnan traffic movement, or exacerbate the potential for
pedestnan or vehicular conflicts.
of. Access shall be to a roadway identified in the comprehensive plan as a collector
or arterial or shall be otherwise located so that access can be provided without
generating significant traffic on local residential streets.
Ph•
Any canopy constructed as part of this use shall be compatible with the
architectural design and materials of the principal structure.
The use is in conformance with the comprehensive plan including any provisions
of the redevelopment chapter and the plan by neighborhood policies for the
neighborhood in which it is located and conditions of approval may be added as a
means of satisfying this requirement.
(e) Uses permitted by PUD. No structure or land in any 0 district shall be used for the
following uses except by the PUD process. These uses shall comply with the requirements of all
the general conditions provided in section 36-222 and with the specific conditions imposed in
this subsection (e). Uses and structures which are permitted by right, permitted with conditions,
or permitted as conditional uses may also be permitted by PUD. Provisions for the PUD and
modifications to dimensional standards and densities are provided under section 36-367.
Shopping centers. The provisions are as follows:
•
•
Ordinance No. 2325-07
g.
-37-
district. Loading areas, access, parking, signage, and building equipment shall be
prohibited or minimized next to residential to the extent appropriate in order to
ensure compatible development.
(t) Accessory uses. Within any 0 distnct, the following uses shall be permitted accessory
uses:
***
(2) Parking ramps, if they comply with all of the following provisions:
***
***
(5)
***
***
d. The parking ramp shall be screened from any abutting property located within an
R district witha bu f pfar-El-F. The screening shall include a six
foot B4 berm where the parking ramp is above ground.
Outdoor seating and service of food and beverages is permitted as an accessory use to a
restaurant if:
a. The use is separated from any adjacent residential use by a building wall or six
foot fence F8 -wall. This provision will not apply if the residential use is located
on an upper story above a restaurant.
Article IV. Zoning Districts
DIVISION 6. INDUSTRIAL DISTRICT REGULATIONS*
Sec. 36-243. I -P industrial park district.
***
(c) Uses permitted with conditions. A structure or land in an I -P distnct may be used for
one or more of the following uses if its use complies with the conditions stated in section 36-242
and those specified for the use permitted in this subsection:
(1) Group day care/nursery schools. The conditions are as follows:
***
c. A minimum of 40 square feet of outside play space per pupil shall be provided
and such space shall be enclosed by an -F -3 -fence
***
® (2) Public service structures. The conditions are as follows:
***
Ordinance No. 2325-07
(3)
-38-
:
- •
be-sereened-viith-a-buffeFyar-d-G.
be.
38-
be. The exterior faces of all buildings shall meet the provisions of section 36-366.
cd. All structures shall be located a minimum of ten feet from any parcel that is zoned
residential and used or subdivided for residential, or has an occupied institutional
building, including but not limited to schools, religious institutions and
community centers.
de. All service drives shall be paved.
Utility substations. The conditions are as follows:
c. A bufferyard E shall be installed and maintained along all public ways.
d. This use shall be considered an intensity classification 7 for the purpose of
(4) Communication tower The conditions are as follows:
* * *
d Tower structures shall not be permitted within any required yard .
Manufacturing/processing. The conditions are as follows:
p •
C 1 district.
be. The applicant must sign a statement acknowledging and agreeing to abide with all
of the applicable performance standards and other regulations of this chapter.
(6) Parking lots as an exclusive principal land use The conditions are as follows:
Y. .
(7)
* * *
ab. Access shall be from a roadway identified in the comprehensive plan as a
collector or arterial or shall be located so that it can be provided without
generating significant traffic on local residential streets.
Parking ramps as principal structure The conditions are as follows:
c. A parking ramp shall bo considered an intensity class 7 for the purpose of
.. _ A parking ramp shall be screened
from view from any abutting property located within an R distnct with a
buffer -yard -F. The screening shall include a six foot B4 berm er-a
BW3 berm wall where the parking ramp is above ground.
Ordinance No. 2325-07 -39-
• (10) Catering The conditions are as follows:
***
b. The facility shall provides a bufforyard F along all abutting pfepoFty in the R, 0 or
C 1 district.
be. The applicant must sign a statement acknowledging and agreeing to abide with all
of the applicable performance standards and other regulations of this chapter.
***
(1) Accessory uses. The following uses shall be permitted accessory uses in an I -P district:
***
(3)
***
***
(5)
***
Parking ramps, provided that all of the conditions of subsection (c)(7) of this section are
met.
c.
an intensity class 7 for the purpose of
A parking ramp shall be screened
from view from any abutting property located within an R district with a
bu€feryard-F. The screening shall include a six foot B4 berm Of -a
BW3 berm wall where the parking ramp is above ground.
Outdoor storage with the following conditions:
a.
Where properties abut a railroad track, fencing shall not be required on the side of
the storage yard which faces, or is adjacent to, the railroad track, unless the
average grade of the railroad track is less than six feet higher than the average
grade of the storage yard.
b. Storage shall not be permitted within any required
yards other than the rear yard.
Sec. 36-244. I -G general industrial district.
***
(c) Uses permitted with conditions. A structure or land in an I -G district may be used for
one or more of the following uses if its use complies with the conditions stated in section 36-242,
and those specified for the use permitted in this subsection:
(1)
Group day care/nursery schools The conditions are as follows:
Ordinance No. 2325-07
-40-
c. A minimum of 40 square feet of outside play space shall be provided per pupil
and such space shall be enclosed with a fence. ccreetred with a b,. f r yard D. The
***
(2) Public service structures The conditions are as follows:
**
(3)
***
be. Structures shall be located a minimum of ten feet from any parcel that is zoned
residential and used or subdivided for residential, or has an occupied institutional
building, including but not limited to schools, religious institutions and
community centers.
cd. All service drives shall be paved.
Utility substations The conditions are as follows:
Autobody/painting. The conditions are as follows:
Communication tower. The conditions are as follows:
d. Tower structures shall not be permitted within any required yard .
Composting operations. The conditions are as follows:
ab. All buildings, structures and activity ares shall be located a minimum of 30 feet
from all lot lines.
be. No food scraps or other vermin -attracting materials shall be processed, stored or
disposed on the site.
•
Ordinance No. 2325-07 -41-
cd. Operations shall not involve the on-site holding, storage or disposal of hazardous
wastes as defined by applicable statutes, rules or regulations.
(10) Motor vehicle service and repair. The conditions are as follows:
fg. Additional conditions for carwash:
***
(11) Outdoor storage. The conditions are as follows:
***
a.
Where properties abut a railroad track, fencing shall not be required on the side of
the storage yard which faces, or is adjacent to, the railroad track, unless the
average grade of the railroad track is less than six feet higher than the average
grade of the storage yard.
b. Storage shall not be permitted within any required yards or bufferyarda.
• (12) Parking lots as a principal land use The conditions are as follows:
***
(13) Parking ramps as principal structure. The conditions are as follows:
***
d. Screening A bufferyard F shall be provided along all property lines abutting an R
district. The screening shall include a six foot B4 berm er--13-W3
b where the parking ramp is above ground.
***
(d) Uses permitted by conditional use permit. No structure or land in an I -G district shall
be used for the following uses except by conditional use permit. Those uses shall comply with
the requirements of all the general conditions provided in section 36-242 and section 36-367 and
with the specific conditions imposed in this subsection (d).
(3)
***
Group Daycare/Nursery Schools.
a. A minimum of 40 square feet of outside play space per pupil shall be provided
and such space shall be enclosed by a 42 inch minimum height fence and
Ordinance No. 2325-07
***
-42-
c. Outdoor play areas shall be located a minimum of 15 feet from any property lines
•
(e) Accessory uses. The following uses shall be permitted within any I -G district:
***
(9)
***
***
***
Motor fuel station. The conditions are as follows:
b. A bufferyard F shall be constructed along all lot linos abutting an R distnct. Tho
within tho red front . ara
be. All pump islands, air dispensers and other service devices shall be installed
toward the interior of the lot at least 12 feet from the required yard line, and no
display, servicing of vehicles, parking or dispensing of gasoline shall take place
within the required yard. On sites where pump islands have been constructed at
the required yard line, a landscaped area of eight feet will be installed in the
required yard.
c. All parking and paved areas shall meet the grading, design, and landscaping
cd. All on-site utility installations shall be placed underground.
df. Canopy and canopy support systems shall be constructed using architectural
design and materials which are compatible with the principal structure. Only
incidental regulatory signage may be permitted on the canopy and canopy support
systems.
ems. No sound generated on the site by any means including a public address system
shall be audible from any R distnct.
Modification of the requirements of this section may be made for service stations
in existence on the effective date of the ordinance from which this chapter is
derived, if the city council finds that, because of the shape of the lot, size of the
lot, the location of the principal building on the lot, or similar circumstances, it
would be impossible to satisfy the strict terms of this section or that they could be
satisfied only by imposing exceptional or undue hardship upon the owner of the
lot. This section shall not be interpreted to allow public use of the motor fuel
station.
Article IV. Zoning Districts
DIVISION 7. M -X MIXED USE DISTRICT
Ordinance No. 2325-07 -43-
Sec. 36-266. Dimensional/performance standards and general requirements.
(3)
***
The maximum nonresidential density is 1.5 FAR and the maximum residential density is
50 units per acre. In determining density, the total nonresidential floor area or number of
residential units shall be divided by the land associated with each use, including building
coverage and parking, feryard areas associated with the use and a proportion of the on-
site usable open space. Stormwater ponds and public/private streets and alleys shall be
excluded from land calculations. Maximum densities may be increased by up to 50
percent at the sole discretion of the city council if two or more of the following are
provided:
(9)
Buildings constructed after adoption of the ordinance from which this chapter is derived
must,utilize at least 80 percent class I materials on each building face and no class III
materials on any building face that is visible from public areas within the development or
from off the site. The class I materials requirement may be reduced to 60 percent at the
sole discretion of the city council if a balance of architectural interest and visual
compatibility is provided through approval of the following:
***
c24-0) Buildings constructed after adoption of the ordinance from which this chapter is derived
must utilize parapet walls to completely screen rooftop equipment from ground and street
level view and must paint rooftop equipment to match the color of the roof in order to
minimize the visual impact as viewed from other buildings.
(10-1-) Buildings constructed after adoption of the ordinance from which this chapter is derived
are subject to the following height restrictions based upon distances from adjacent R-1,
R-2 and R-3 districts:
***
(112) Developments constructed after adoption of the ordinance from which this chapter is
derived must include sidewalks and/or bikeways along all private and public street rights-
of-way as determined appropriate and on-site pedestrian/bicycle facilities that provide
logical connections to off-site uses and are separated from off-street surface parking areas
by curbed, landscaped islands a minimum of 20 feet in width inclusive of sidewalk.
(124) Developments constructed after adoption of the ordinance from which this chapter is
derived that can be served by public transit must provide at least one transit stop that
conveniently serves the development.
(134) Signage shall be allowed in conformance with the approved redevelopment plan or final
PUD site plan and development agreement in accordance with the following conditions:
***
(14S) A development agreement is required as part of the development approval and shall
address, at a minimum, approved site and building design criteria, approved sign
locations and design criteria, construction phasing, bonding or other financial surety for
construction of on-site and off-site improvements generated by the development, and
maintenance.
Ordinance No. 2325-07 -44-
(156) The development shall comply with all other applicable chapter provisions unless
specifically modified by subsections (1) through (15) of this section or by approval of a
redevelopment plan or final PUD plan and development agreement.
ARTICLE V. SPECIAL PROVISIONS
Sec. 36-363. Special provisions regulating exterior lighting.
***
(c) General provisions.
***
(9)
***
Light poles or standards for exterior lighting shall not exceed a height of 45 feet,
except that poles or standards on the top level of parking structures shall not
exceed 25 feet.
Delete Section 36-364 in its entirety and replace it with the following:
Sec. 36-364. Landscaping.
(a) Purpose. The City recognizes the aesthetic, ecological, and economic value of
landscaping in both the natural and built environments and requires its use to serve the following
objectives:
(1) Protect the health, safety and general welfare of the community.
(2) To deter crime through the use of good environmental design practices.
(3) Promote the reestablishment of vegetation in the community for aesthetic, health,
and wildlife reasons.
(4) Improve ground water quality.
(5) Reduce storm water runoff.
(6) Promote compatibility between land uses by reducing the visual, noise, dust, and
lighting impacts of specific development on users of the site and abutting uses.
(7) Aid in energy conservation by providing shade from the sun and shelter from the
wind.
(8) Safeguard and enhance property values.
(9) Break up expanses of paved areas and provide surface shade.
Ordinance No. 2325-07 -45-
(10) To promote development which will minimize the loss of trees; ensure
maintenance of vegetation; encourage a resourceful and prudent approach to
urban development; provide an objective method to replace trees; and provide
incentives for creative land use and good site design which preserves existing
trees.
The landscape standards in this section are established to promote these objectives and
encourage innovative and creative landscape design for the benefit of the city. This
section consists of the minimum landscaping and screening requirements for use
throughout the city.
(b) Applicability. The Zoning Administrator may require additional landscaping or alter the
placement of the landscaping as deemed appropriate.
(c) Required landscape plan. With the exception of single family and two family
dwellings, a detailed landscape plan shall be submitted for review and approval by the Zoning
Administrator for all new developments, additions or modifications to existing developments or
when changes are made to existing landscape plans. Landscape plans shall be prepared by a
registered landscape architect or other qualified individual as determined by the Zoning
Administrator. The landscape plan shall be drawn to a scale of not less than one inch equals 50
feet. The locations and materials which are to be used in landscaping existing and proposed
developments shall be clearly drawn and labeled on a landscape plan. The plan shall, at a
minimum, show the following:
(1) The boundary lines of the property with accurate dimensions.
(2) The locations of existing and proposed buildings, parking lots, roads and other
improvements.
(3) A plan showing existing topography and proposed grading with contour intervals
no greater than two feet.
(4) The location, diameter of trees and common name of existing trees and shrubs.
(5) A planting schedule containing symbols, quantities, common and botanical
names, size of plant materials, root condition, and special planting instructions.
(6) The planting details illustrating proposed locations of all new plant matenals.
(7) The locations and details of other landscape features including berms, retaining
walls, fences, walls, sculptures, fountains, street furniture, lights, courtyards and
planter boxes.
(8) The details of restoration of disturbed areas including areas to be sodded or
seeded.
(9) The location and details of irrigation systems.
(10) The details and cross sections of all required screening.
(11) A descnption of a method to be employed for the protection of all existing
landscape materials to be saved.
(12) Planting and installation details as necessary to ensure conformance with all
required standards.
Ordinance No. 2325-07 -46-
(d) Minimum Landscaping Requirements.
(1) All open areas of a lot that are not used for buildings, required parking or
circulation areas, patios, or storage shall be landscaped with a combination of
canopy trees, ornamental trees, evergreen trees, shrubs, flowers, sod, ground
cover materials, and other site design features to ensure soil stabilization. This
shall not apply to undisturbed areas retained in a natural state.
(2) Landscape plans shall be developed with an emphasis upon the boundary or
perimeter of the proposed site, to the immediate penmeter of the structure,
parking areas, and along areas to be screened.
(3) The following minimum number of plant matenals shall be provided:
a. Single Family and two-family dwellings constructed after May 7, 2007 shall
plant one (1) tree per lot in the boulevard. The boulevard tree shall be of a
species identified in the City of St. Louis Park's Landscape Tree List for
streets and boulevards and shall be planted according to city requirements.
b. Multi -family residential dwellings shall require one (1) canopy or evergreen
tree per dwelling unit.
c. Non -Residential uses shall require at a minimum the greater of:
1. One (1) canopy or evergreen tree per 1,000 square feet of gross building
floor area, or
2. One (1) canopy or evergreen tree per 50 lineal feet of site perimeter
d. Up to twenty five percent (25%) of the required number of canopy or
evergreen trees may be substituted with ornamental trees at a ratio of two (2)
ornamental trees to one (1) canopy or evergreen tree.
e. Shrubs shall be required at a minimum of the greater of the following:
1. Six (6) shrubs per 1,000 square feet of gross building floor area, or
2. Six (6) shrubs per 50 lineal feet of site perimeter.
3. This requirement shall not apply to single family and two-family
residential dwellings.
f. Where there is more than one use per building or development, each use shall
be calculated separately to determine minimum landscape requirements.
(4) The city encourages the use of native plant materials that provide interest and
color in the winter.
(e) Screening. Screening shall consist of landscaping/vegetation, fences, walls, berms,
hedges, landscape matenals, or a combination thereof. The height and depth of the screening
shall be consistent with the height and size of the area for which screening is required. All walls
and fences shall be architecturally harmonious with the principal structure. Properties used as
single family or two-family residential dwellings are exempt from the screening requirements.
(1) Principal buildings, accessory structures, and drive through facilities including
stacking areas shall be screened from any parcel that is zoned residential and used
or subdivided for residential or has an occupied institutional building including
but not limited to a school, religious institution or community center. If the
residential parcel is not separated by a public right-of-way and is less than 50 feet
away from the building, structure or drive through facility, the screening shall
include a six foot privacy fence along the side and/or rear property line abutting
the residential property; the fence height may be increased to eight feet at the
Ordinance No. 2325-07 -47-
discretion of the Zoning Administrator. The fence will not be required when a
multi -family building is adjacent to an existing multi -family building of four or
more dwelling units.
(2) Off-street loading and service areas: must be screened from contiguous properties
and adjacent streets, except at access points. Screening shall consist of plant
material and any combination of berms, fences, or walls that provide 100%
opacity, year round, to a height of at least ten feet.
(3) Outside storage areas; utility service structures; mechanical equipment; refuse
handling; maintenance structures and other ancillary equipment shall be screened
100% from all off-site views year round. In addition to landscaping, extenor
refuse handling and outside storage areas shall be screened with a six foot wall or
privacy fence. The fence may be required to be taller at the discretion of the
Zoning Administrator.
(4) Parking lots:
a. All off street parking areas and dnve lanes located within 30 feet of any parcel
that is zoned residential and used or subdivided for residential or has an
occupied institutional building such as a school, religious institution or
community center shall be screened with landscaping and a solid fence or wall
a minimum of six feet high in the side and back yard and 42 inches in the
front yard. A hedge may be substituted for the fence in the front yard only.
b. Regardless of (4)a above, off street parking areas located within 30 feet of a
public right of way shall provide screening between the parking lot and nght
of way, except at access points. Such screening may consist of a solid hedge,
an architectural compatible opaque wall, fence, berm or combination thereof.
The screening shall be at least 36 inches and no more than 42 inches in height.
Transit shelters, benches, bike racks, or similar features may be integrated as
part of the screen as approved by the Zoning Administrator.
(1) Off street parking areas.
(1) Off street parking areas with more than 25 parking stalls shall contain interior
landscaped islands. Such islands shall be bounded by a raised concrete curb or
approved equivalent and shall contain mulch to retain soil moisture. Turf grass is
permitted within landscaped areas located around the periphery of a parking lot.
This provision shall not apply to parking structures.
a. Landscape islands are required at the end of each row of cars, or every 15
stalls whichever is less. All landscape islands shall contain a minimum of 180
square feet and a minimum dimension shall be 5 feet.
b. A minimum of two canopy trees of the same species must be provided per
island.
c. Shrubs, perennials or ornamental grass must be incorporated in each
landscaped island.
d. Islands shall be prepared with clean soil to a depth of five feet and improved
to ensure adequate drainage, nutrient and moisture -retention levels for the
establishment of plantings.
Ordinance No. 2325-07 -48-
e. All perimeter and interior landscaped areas in parking lots shall be equipped
with a permanent irrigation system, unless drought -tolerant plant materials are
used exclusively. Where drought -tolerant plant materials are used, irrigation
shall be required only for the two-year period following plant installation and
may be accomplished using hoses, water trucks, or other nonpermanent
means.
(2) Raised islands shall be provided at the end of any parking row where it abuts
vehicle circulation lanes or driveways. Raised islands shall also be provided to
separate pedestrian and vehicular traffic.
(g) Alternative landscape options. The City encourages the use of special design features
such as xenscaping, raingardens/bioswales, rooftop gardens, native landscapes, integrated
pedestrian facilities, and public art. To encourage the use of these special design features the city
acknowledges a degree of flexibility may be necessary to adjust to unique situations. This
subsection provides such flexibility and presents alternative ways to meet the standards set for in
this section. The alternatives provided below are discretionary and are subject to approval of the
Zoning Administrator, unless the development application requires approval by the City Councils
in which case the City Council shall approve the alternative landscape plan. Landscaping
requirements may be modified if the proposal meets one or more of the following:
(1) It is of exceptional design that includes amenities such as public art, public
seating, an outdoor plaza, green rooftop, recreational benefit, and/or transit
shelter.
(2) It is deemed equivalent to the minimum requirements of this section and complies
with the purpose and objectives of this section.
(3) It will allow a site plan that is more consistent with the character of the area.
(4) It will result in the retention of more existing significant trees.
(5) It better accommodates or improves the existing physical conditions of the subject
property.
(6) The topography decreases or eliminates the need for visual screening.
(7) It does not reduce the effect of required screening.
(8) Efforts are made to create interest by providing a variety of colors and textures.
fh) Plant material standards.
(1) The complement of trees required shall be at least 25 percent deciduous and at
least 25 percent coniferous. Not more than 30% of the required number of trees
shall be composed of one species.
(2) Minimum size of plantings. Caliper inches to be measured six inches off the
ground.
a. Deciduous tree (canopy) — 2.5 inch caliper
b. Ornamental tree — 1.5 inch caliper
c. Evergreen tree — 3 inch caliper
Ordinance No. 2325-07 -49-
d. Deciduous shrub — 5 gallon pot
e. Evergreen shrub - 5 gallon pot
(3) Species of plant material which satisfy the requirements of this section shall be
consistent with the City of St. Louis Park's Landscape Tree List, as provided by
the City.
(4) Existing healthy deciduous trees greater than five (5) caliper inches or existing
healthy evergreen trees greater than six (6) caliper inches that will be preserved
on the subject property following the completion of development and meet the
requirements of this section, may be counted toward the landscaping
requirements, if they are not identified as prohibited.
(5) The vegetation required for screening and off street parking areas may be counted
toward the minimum landscaping requirements provided the plan continues to
meet the purpose and objectives of this section.
(i) Method of installation.
(1) The spacing of trees shall be appropriate to type of plant species provided.
Evergreen shrubs shall be planted in clusters in order to maximize survival.
(2) Traffic visibility shall be maintained by selecting and locating landscaping and
design features that do not result in a safety or visibility hazard as required in
section 36-76 (traffic visibility regulations).
(3) All deciduous shrubs and spreading or globe evergreen shrubs shall be moved
onto the site in pots. All other plant materials shall be balled and burlapped
(B&B) or moved onto the site with a tree spade.
(4) Minor plan substitutions to any approved planting plan may be accepted as
approved by the zoning administrator.
(5) Landscaping for one- and two-family homes shall be installed within one year of
issuance of the building permit for a new home, addition or garage.
(6) In calculating the required plant material under the provisions of this section, all
areas and distances on which required calculations are based shall be rounded up
to the nearest whole number.
(1) Restrictions for tree removal; standards for replacement.
(1) Public land. Only those persons authorized by the City may remove any tree from
public land. Trees removed from any public land including city, county or state
right-of-way shall be replaced by the person or entity who removed it.
Replacement shall be in the following manner:
a. Replacement of any live tree which is removed from any public land shall be
required on a caliper inch for capper inch basis. The City may also elect to
receive cash in lieu of trees based on a fee per caliper inch determined by the
City Council.
Ordinance No. 2325-07 -50-
b. Replacement trees shall be replaced in locations as follows:
1. On public boulevards where the boulevard width is four feet or more, trees
should be planted at 30 -foot intervals, according to a landscape plan, or as
approved by the city; however, no tree shall be planted within 15 feet of a
utility pole, seven feet of a shutoff valve or underground utility, two feet
of a concrete curb, or within 25 feet of an intersection as regulated by
section 36-76; or
2. In a public park or open space.
c. Replacement trees shall be of a species approved by the City Forester.
(2) Private land. This subsection shall not apply to trees removed from existing lots
developed with single-family or two-family dwellings. If any existing lot of
record is subsequently subdivided, tree replacement shall be required for all of the
new resulting lots or parcels.
a. No significant tree shall be cut down, destroyed, or removed from any
property unless it is authonzed by a permit issued by the city in a manner
provided by this section.
b. No land shall be altered which will result in the removal or destruction of any
significant tree unless the destruction is authorized by a permit issued by the
city. The application for such permit shall include the following:
1. The name, address, and phone number of the person applying for the
permit.
2. The name and address of the property owner.
3. A tree inventory of the site certified by a registered land surveyor,
landscape architect, or forester which identifies the size, species,
condition, and locations on the land of all existing significant trees on the
property. In addition, this inventory shall identify all significant trees
which will be cut down, removed, or lost due to grading or other damage.
The tree inventory shall be verified by the city forester.
4. Where the tree removal involves land alteration, a grading plan which
identifies the following:
i. A minimum scale of one inch equals 50 feet.
ii. All existing and proposed contours at two (2) foot intervals.
iii. Location of all existing and proposed structures.
iv. Any grade change or land alteration, whether temporary or permanent,
of greater than one foot measured vertically, affecting 30 percent (as
measured on a horizontal plane) or more of a tree's root zone.
v. Utility construction which may result in the cutting of 30 percent or
more of a tree's roots within the root zone.
vi. Any areas where soil compaction is planned to a depth of six inches or
more, or of 30 percent or more of the surface of the soil within a root
zone.
•
•
•
Ordinance No. 2325-07 -51-
5. A plan for the protection of trees intended to be saved.
6. A statement of the proposed use of the land including a descnption of the
type of building or structure existing or proposed to be constructed on the
site.
7. The number, type and size of trees required to be replaced by this section.
8. The proposed locations of the replacement trees.
c. Approval of a permit for the removal of any significant tree or for land
alteration which results in tree destruction shall be subject to and conditioned
upon the owner or developer replacing the loss or reasonably anticipated loss
of all live significant trees. The amount of trees to be provided in replacement
shall be determined by the following formula:
((A/B)-0.20) x C x A= D
A=
Total diameter inches of significant trees lost as a result of
land alteration or removal.
B
=
Total diameter inches of significant trees situated on the land.
C
=
Tree replacement constant (1.5).
D
=
Replacement trees (number of caliper inches).
d. Location of replacement trees.
1. Priority shall be given to locate replacement trees on any part of the parcel
where screening is required.
2. If there is insufficient area within the project to plant the required
replacement trees, they may be planted within any park, open space, or
boulevard within the city as determined by the city provided the city
consents in writing. The city may also elect to receive cash in lieu of trees
based on a fee per capper inch determined by the city council.
e. Replacement trees shall be of a species similar to the trees which are lost or
removed but shall be limited to one of those species shown on the City of St.
Louis Park's Landscape Tree List, as provided by the City. No more than 50
percent of the caliper inches of the replacement trees shall be understory trees.
(3) All trees required to be replaced by this section shall be replaced in the following
manner.
a. Replacement trees shall be planted within 18 months from the date the permit
authorizing the removal of trees is issued.
b. Diseased, dead, or structurally unsound trees are exempt from the provision of
this section. The City Forester is responsible for determining a tree is
diseased, dead or structurally unsound.
Ordinance No. 2325-07 -52-
c. Any replacement tree which is not alive and healthy one year following the
date that it was planted shall be replaced with a new healthy tree of the same
size and species as the removed tree.
d. Sources of trees. Replacement trees shall consist of Minnesota certified
nursery stock.
(k) Tree protection. All trees which are to be retained on any site shall be marked and
physically protected from harm or destruction caused by soil compaction, equipment and
material storage within the drip line, bark abrasions, changes in soil chemistry, out -of -season
pruning and root cutting during construction.
(1) Before any construction or grading of any development project occurs, orange
"safety fence" at least four feet in height, and staked with steel posts no less than
every five feet shall be placed around the dnp line borders of woodlots and or the
drip lines of significant trees to be preserved. Signs shall be placed along this
fence line identifying the area as a tree protection area, and prohibiting grading
beyond the fence line. This fence must remain in place until all grading and
construction activity is terminated.
(2) No equipment, construction materials, or soil may be stored within the dnp lines
of any significant trees to be preserved.
(3) Care must be taken to prevent the change in soil chemistry due to concrete
washout and leakage or spillage of toxic materials such as fuels or paints
(4) Drainage patterns on the site shall not change considerably causing drastic
environmental changes in the soil moisture content where trees are intended to be
preserved.
(5) Pruning of oak and elm tree branches and roots must not take place from May 1
through July 31. (As per Ordinance 2257-03) If wounding of oak or elm trees
occurs, a nontoxic tree wound dressing must be applied immediately. Excavators
must have a nontoxic tree wound dressing with them on the development site.
(Ord. No. 2275-04)
(6) Any tree determined by the City Forester to be destroyed or damaged shall be
replaced in accordance with the tree replacement section above.
(1) Maintenance of Landscaping.
(1) All landscaping and site improvements shall be completed within one year after
the certificate of occupancy has been issued.
(2) The continued maintenance of all required landscaping matenals in a live and
healthy state is a requirement of this section and is the responsibility of the owner
and tenant of the property on which the materials are required. This requirement
shall run with the land and be binding upon all future property owners. Failure to
comply with this requirement shall be a violation of this section.
(3) An underground sprinkler system shall be installed in all landscaped areas except
areas to be preserved in a natural state or where all proposed plant materials are
drought -tolerant. Where drought -tolerant plant matenals are used, irrigation shall
Ordinance No. 2325-07 -53-
be required only for the two-year period following the installation and may be
accomplished using hoses, water trucks or other nonpermanent means.
(m) Security.
(1) Before approval of a permit, the owner or developer shall:
a. Enter into a written agreement with the city on a form approved by the city
attorney in which the developer undertakes to comply with the provisions and
conditions imposed by this section and the owner or developer shall
indemnify the city against any loss, cost or expense, including an amount
payable for reasonable attorneys' fees incurred in enforcing the terms of the
agreement.
b. Provide a surety in a form approved by the city attorney to ensure the
obligations of that agreement will be performed. The amount of surety shall
be 125 percent of the estimated cost necessary to furnish and plant the
required landscaping. The estimated cost shall be subject to approval by the
city. If the estimated cost submitted by the developer to the city is not
approved by the city, the city shall have the exclusive right to determine the
estimated cost.
(2) The property owner shall request an inspection after the required landscaping has
been installed. The security will be released one year following the inspection
when all landscaping is found to comply with the approved landscape or
replacement plan. That part of the security which has not been released at the end
of that year shall be retained and shall secure the developer's obligation to remove
and replant replacement trees which are not alive or are unhealthy at the end of
the year and to replant missing trees. The entire security may be released one year
after the replanting of such trees has been satisfactorily completed if the city has
certified that those replacement trees are alive and healthy. To be certified as
alive and healthy, the following conditions must exist:
a. No tree shall have sustained mechanical injury to the trunk of a tree causing
loss of more than 30 percent of the bark circumference of the tree at any
location along the tree's trunk.
b. No tree shall have had soil compacted to six inches deep over more than 30
percent of its root zone.
c. No tree shall have had more than 30 percent of its roots cut for the installation
of any utility or for any other purpose.
d. No tree shall possess more than 25 percent of its crown in dead branches.
e. None of the secunty shall be released until the developer's obligations to
indemnify the city for any expenses incurred in enforcing the terms of the
agreement are satisfied.
(n) Penalties for violation Any tree not exempted by Section (i)(2)a of this section that is
visibly damaged or has a root system that has been dnven on causing soil compaction or the soil
within the root zone has been compacted in any way, shall be replaced in accordance to the tree
replacement formula found in section (j(2)d. of this section, or as per Section (i)(1) of this
section for public trees. Also, any person who is not authorized by the city who removes any
Ordinance No. 2325-07 -54-
tree from any public property without first obtaining a permit and any person who fails to replace
trees in the manner provided in this subsection shall, in addition to the criminal penalties
prescribed by law, be required to pay to the city the estimated cost of tree replacement in the
amount determined by the city. Upon determination that this has occurred, the city shall submit a
bill for the amount of tree replacement. If that amount is not received by the city within 90 days,
such amount shall be assessed as a special assessment on any land owned by the person violating
this chapter which is located in the city.
Sec. 36-367. Planned unit development (PUD) process.
(a) Findings and purpose. The city council finds that a PUD process will benefit the city
and its residents because the process permits greater flexibility in the development of a parcel by
tailoring the development to the site and neighborhood. Such benefits include, but are not limited
to:
***
(7) The preservation and enhancement of desirable site charactenstics, including flora
and fauna, scenic views, screening , and access is fostered.
***
(c) Building and site design The city council shall find that the quality of building and site
design proposed by the PUD plan will substantially enhance aesthetics of the site and implement
relevant goals and policies of the comprehensive plan before a PUD plan may be approved. In
addition, the following cnteria shall be satisfied:
***
(7)
***
A PUD in a nonresidential district shall conform to the requirements of the distnct in
which it is located except as modified by the following or other provisions of this
chapter.
a. All off-street loading facilities, including loading debris, shall be completely
contained within a building.
(d) Modifications.
***
(2) Any modification of chapter requirements approved as part of a PUD shall be approved
only upon a showing that the modification does not adversely affect surrounding
properties because the PUD plan has provided screening, buffenng, fencing, walls, or
other site improvements which have eliminated the adverse effects of the modification.
***
Delete Article VII and Section 36-441 in its entirety.
***
•
•
•
Ordinance No. 2325-07 -55-
Sec. 3. The contents of Planning Case File 07-02-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.
First Reading
March 19, 2007
Second Reading
April 9, 2007
Date of Publication
April 19, 2007
Date Ordinance takes effect
May 7, 2007
Re e ° ed for Administration
City M
Attest:
a
er
Ad
ted by the City Council Apnl 9, 2007
May
Approved a to Form and Execution:
Jf1
City Attorney
All
•
STATE OF MINNESOTA)
ell
newspapers
AFFIDAVIT OF PUBLICATION
ss
COUNTY OF HENNEPIN)
Richard Hendrickson, being duly sworn on an oath, states or affirms that he is the Chief
Financial Officer of the newspaper known as
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 week(s), it was first published on Thursday, the 19 day
of April , 2007, and was thereafter printed and published on every Thursday
Sun -Sailor
•
to and including Thursday, the
day of , 2007, and printed 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 and publica-
tion of the notice
abcdefghijklmnopqrstuvwxyz
BY
Subscribed and sworn to or affirmed before me
on this 19 day of April , 2007
MARY ANN CARLSON
NOTARY PUBLIC - MINNESOTA
MY COMMISSION EXPIRES 1-31-09
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 30 per line
City of St. Louis Park
(Official Publication)
SUMMARY
ORDINANCE NO. 2325-07
AN ORDINANCE AMENDING CHAPTER 36 (ZONING)
AND CHAPTER 26 (SUBDIVISIONS) OF THE ST.
LOUIS PARK MTV CODE RELATING TO
LANDSCAPING ,
This ordinance states that the existing Section 36-364
"Landscaping" is deleted in its entirety and replaced by a
new ordinance The new ordinance maintains the stan-
dards found in the previous ordinance but modifies the
method by which these standards are accomplished, and
includes changes to screening, minimum plant materials,
and alternative landscaping requirements
This ordinance shall take effect 15 days after publication
Adopted by the City Council April 9, 2007
Jeffrey W Jacobs /s/
Mayor
A copy of the full text of this ordinance is available for in- 1
specbon with the City Clerk
Published in St Louis Park Sailor April 19, 2007
(Apr 19, 2007) a3 -Ord 2325-07