HomeMy WebLinkAboutOrdinance 1428COLUMBIA HEIGHTS
ZONING AND
DEVELOPMENT ORDINANCE
# 1428
City of Columbia Heights
Zoning and Development Ordinance - Section 1
Page 1-2
AN ORDINANCE OF THE CiTY COUNCIL OF THE CITY OF
COLUMBIA HEIGHTS, MINNESOTA REGULATING AND
DEFINING ZONING DISTRICTS; ADOPTING A REVISED ZONING
MAP FOR THE CITY OF COLUMBIA HEIGHTS; REGULATING
THEREIN THE LOCATION, CONSTRUCTION,
RECONSTRUCTION, ALTERATION, AND USE OF STRUCTURES
AND LAND; PROVIDING MINIMUM STANDARDS TO PROTECT
PROMOTE AND MAINTAIN THE STABILITY AND CHARACTER
OF RESIDENTIAL, COMMERCIAL, INDUSTRIAL, AND PUBLIC
AREAS OF THE CITY; PROVIDING MINIMUM STANDARDS AS
THEY RELATE TO PUBLIC HEALTH, SAFETY, AESTHETICS,
MORALS, COMFORT, AND GENERAL CONVENIENCE OF THE
COMMUNITY AND ITS PEOPLE; PROVIDING HEREIN FOR
CONSISTENCY WITH THE COLUMBIA HEIGHTS
COMPREHENSIVE PLAN; PROVIDING FOR AN EFFECTIVE
DATE
WHEREAS, the City of Columbia Heights, Minnesota (the "City") has determined that
the current Zoning Ordinance needed to be rewritten in order to appropriately address
development and redevelopment issues; and
WHEREAS, Minnesota State Statutes expressly preserves the right of municipalities to
adopt Zoning Ordinances regulating therein land use and development; and
WHEREAS, City Planning staff and the Planning and Zoning Commission have
adequately reviewed appropriate provisions to address development and land use issues,
and
WHEREAS, the City Council has determined that the current zoning provisions within
the City Code are inadequate as they relate to development issues; and
WHEREAS, City staff and the Planning and Zoning Commission have drailed
amendments to the City Code determined to be necessary to promote and protect the
stability and character of residential, commercial, industrial, and public areas of the City;
and
WHEREAS, the City Council has determined that this ordinance is consistent with the
City Comprehensive Plan; and
City of Columbia Heights
Zoning and Development Ordinance - Section 1
Page 1-1
TABLE OF CONTENTS
SECTION 1
SECTION 2
SECTION 3
SECTION 4
SECTION 5
SECTION 6
SECTION 7
SECTION 8
SECTION 9
PURPOSE, AUTHORITY AND JURISDICTION
RULES OF CONSTRUCTION
DEFINITIONS
ADMINISTRATION AND ENFORCEMENT
NON-CONFORMITIES
GENERAL DEVELOPMENT STANDARDS
SPECIFIC DEVELOPMENT STANDARDS
GENERAL DISTRICT PROVISIONS
RESIDENTIAL DISTRICTS
SECTION 10 COMMERCIAL DISTRICTS
SECTION 11 INDUSTRIAL DISTRICTS
SECTION 12 MIXED-USE DEVELOPMENT DISTRICT
SECTION 13 OVERLAY DISTRICTS
SECTION 14 SUBDIVISION REGULATIONS
City of Columbia Heights
Zon/ng and Development Ordinance - Section 1
Page 1-3
CHAPTER 9:
SECTION 1:
LAND USE AND DEVELOPMENT
PURPOSE, AUTHORITY AND JURISDICTION
9.101 Title
This ordinance shall be known, cited and referred to as the Columbia Heights Zoning and
Development Ordinance, except as referred to herein, where it shall be known as "this
Ordinance."
9.102 Purpose
The City Council of the City of Columbia Heights, Minnesota, adopts this Ordinance to
accomplish the following:
(a)
Protect the public health, safety, morals, aesthetics, comfort, convenience and
general welfare of the community and its people;
(b) Implement the goals and policies included in the City's Comprehensive Plan;
(c)
Divide the City into districts restricting and regulating therein the location,
construction, reconstruction, alteration and use of structures and land;
(d)
Protect the stability and character of residential, commercial, industrial and public
areas of the City and promote the orderly development of those areas;
(e)
Provide and protect adequate light, air, privacy and convenience of access to
property;
(f) Provide a safe and efficient traffic circulation system for all modes of
transportation and limit congestion in the public rights-of-way;
(g)
Prevent overcrowding of land and undue concentration of structures by regulating
the use of land and buildings and the bulk of buildings in relation to the land and
buildings surrounding them;
(h)
Provide for the compatibility of different land uses and the most appropriate use
of land throughout the City;
(i)
Provide for the effective administration of this Ordinance, including powers and
duties of officers and bodies, procedures and standards for land use approvals, and
procedures for enforcement;
City of Columbia Heights
Zoning and Development Ordinance - Section 1
Page 1-4
(j) Establish a continuing system of review of this Ordinance to ensure it will be
amended to meet the changing needs of the City;
9.103 Authority
This Ordinance is enacted under the authority granted to the City of Columbia Heights by
the Municipal Planning Act, Minnesota Statutes, Sections 462.351 to 462.365. If those
statutes are amended to restrict or enlarge the authority delegated to the City, those
amendments shall be incorporated into this Ordinance.
9.104 Jurisdiction
This Ordinance governs the use of all land and structures within the corporate limits of
the City of Columbia Heights, unless such regulation is specifically pre-empted by State
or Federal law or regulation.
9.105 Violations
Any violation of any provision of this ordinance shall be considered a misdemeanor and
shall be subject to a fine and/or a jail term under State law plus the cost of prosecution.
Each day a violation exists shall constitute a separate violation for the purposes of this
section.
City of Columbia Heights
Zoning and Development Ordinance - Section 1
Page 1-5
CHAPTER 9:
SECTION 2:
LAND USE AND DEVELOPMENT
RULES OF CONSTRUCTION
9.201
(1)
Language
The following rules of construction govern the language of this Ordinance:
(a) The singular number includes the plural and the plural the singular;
(b) The present tense includes the past and future tenses, and the furore tense
the present;
(c) The word "shall" is mandatory, and the word "may" is permissive;
(d) The masculine gender includes the feminine and neuter genders;
(e) Whenever a word or term defined in this Ordinance appears in the text of
this Ordinance, its meaning shall be as stated in the Ordinance definition;
(f) Words or terms that are not defined in this Ordinance shall have the
meaning found in the most recent addition of Webster's Unabridged
Dictionary;
(h)
(i)
Words or terms not defined in Webster's Unabridged Dictionary shall
have their ordinary, usual meaning at the time the word or term is applied
to a zoning or development question or situation;
General words are construed to be restricted in their meaning by preceding
particular words;
The terms "Ordinance" and "Code" may be used interchangeably
hereunder;
9.202
Application
In their interpretation and application, the provisions of this Ordinance shall be
held to be the minimum requirements for the promotion and protection of the
public health, safety, morals and general welfare. The City may impose
additional requirements where deemed necessary to protect the public interest and
ensure compliance with the standards and purposes of this Ordinance and the
goals and policies of the Comprehensive Plan.
City of Columbia Heights
Zoning and Development Ordinance - Section 2
Page 2- l
(2)
In addition to the requirements of this Ordinance, all land uses and development
shall comply with all other applicable city, county, state and federal regulations.
If a provision of this Ordinance conflicts with any other provision of this
Ordinance, the Columbia Heights City Code, or any other provision of law, the
provision that is more restrictive, or which imposes a higher standard or
requirement, shall prevail.
9.203
(1)
Separability
Provisions of this Ordinance are separable in accordance with the following:
(a)
If any court of competent jurisdiction finds any provision of this
Ordinance to be invalid, that judgment shall not affect any other
provisions of this Ordinance not specifically included in the judgment.
Co)
If any court of competent jurisdiction finds the application of any
provision of this Ordinance to a particular property, building, or other
structure to be invalid, that judgment shall not affect the application of the
provision to any other property, building or structure not specifically
included in the judgment.
9.204 Interpretation
(1) The following rules govern the interpretation of this Ordinance:
(a) City Council Intention.
The object of all construction of this Ordinance is to ascertain and
effectuate the intention of the City Council. This Ordinance shall
be construed if possible to give effect to all the provisions of this
Ordinance.
When the words of this Ordinance in their application to an
existing situation are clear and free from all ambiguity, the letter of
this Ordinance shall not be disregarded under the pretext of
pursuing the spirit.
o
When the words of this Ordinance are not explicit, the intentions of
the City Council may be ascertained by considering, among other
matters:
a. The occasion and necessity for the ordinance
provision;
b. The circumstances under which it was enacted;
or specific
City of Columbia Heights
Zoning and Development Ordinance - Section 2
Page 2-2
c. The mischief to be remedied;
d. The object to be attained;
e. The former zoning ordinance;
f. The consequences of a particular interpretation;
g. Administrative interpretation of this Ordinance
interpretations by the Board of Appeals and Adjustments.
and
In ascertaining the intention of the City Council, the following
presumptions apply:
a. The City Council does not intend a result that is absurd,
impossible of execution, or unreasonable;
b. The City Council intends this Ordinance to be effective and
certain in its entirety;
c. The City Council does not intend to violate the Constitutions of
the United States or the State of Minnesota;
d. The City Council intends to favor the public interest as against
any private interest.
Co)
Grammatical Errors. Grammatical errors shall not destroy the application
of this Ordinance. A transposition of words and clauses may be resorted
to when a sentence is without meaning as it stands. Words and phrases
which may be necessary to the proper interpretation of this Ordinance and
which do not conflict with its obvious purpose and intent, nor in any way
affect its scope in operation, may be added in the construction thereof.
(c)
Language. Provisions shall be construed to limit rather than to extend the
operation of the clause to which they refer. Exceptions expressed in this
Ordinance shall be construed to exclude all others.
When a general provision of this Ordinance conflicts with a special
provision in this Ordinance, the two shall be constructed if possible so that
effect shall be given to both. If the conflict between the two provisions is
irreconcilable, the special provision shall prevail and shall be construed as
an exception to the general provision. If the general provision was enacted
subsequent to the special provision and it is the clear intention of the City
Council that such general provision shall prevail, then the general
provision shall prevail.
When several clauses are irreconcilable, the clause last in order of date of
position shall prevail.
when the provisions of two or more amendments to this Ordinance passed
at different dates are irreconcilable, the amendment latest in date of final
enactment shall prevail.
City of Columbia Heights
Zoning and Development Ordinance - Section 2
Page 2-3
(d)
Amendments. When a section or part of this Ordinance is amended, the
amendment shall be construed as merging into the original ordinance,
becoming a part thereof, and replacing the part amended. The remainder
of the original ordinance and the amendment shall be read together and
viewed as one ordinance passed at one time. The portions of this
Ordinance that were not altered by the amendment shall be construed as
effective from the date of the first enactment, and the new provision shall
be construed as effective only from the date when the amendment became
effective.
When this Ordinance adopts the provisions of State Statute by reference, it
also adopts by reference any subsequent amendments of that statute except
when the intent of the City Council is clearly to the contrary.
If two or more amendments to the same provision of this Ordinance are
enacted at the same or at different times, one amendment overlooking and
making no reference to the other or others, the amendments shall be
construed together if possible and effect be given to each. If the
amendments are irreconcilable, the amendment latest in date of final
enactment shall prevail.
(e)
Diagrams. Diagrams, where provided, are intended to be illustrative only
and may not be drawn to scale. Where a conflict exists between a diagram
and the text, the text shall prevail.
City of Columbia Heights
Zoning and Development Ordinance - Section 2
Page 24
CHAPTER 9:
SEC TION 3:
LAND USE AND DEVELOPMENT
DEFINITIONS
9.301 Definitions.
The following words, and terms, whenever they occur in this Ordinance, are defined as
follows:
Abandonment: To discontinue a use or activity for any reason, but excluding
temporary interruptions to the use during periods of building or remodeling where
a valid building permit has been issued or during periods of routine seasonal
closure.
Accessory Building or Structure: A building or structure or portion of a structure
subordinate to and serving the principal structure on the same lot.
Accessory Use: A use that is reasonably necessary and incidental to the conduct
of the primary use of the principal building or buildings.
Addition: Any change or modification in construction or occupancy of an existing
structure. The enclosure of an existing screened porch, deck, roofed deck, patio,
or roofed patio shall be considered an addition.
Adjacent or Contiguous: Bordering, touching or adjoining.
separated by a public street, they shall not be deemed adjacent.
separated by a public walkway, they shall be deemed adjacent.
If two lots are
If two lots are
Adult Use: Adult uses include adult bookstores, adult motion picture theatres,
adult motion picture sales/rental, adult mini-motion picture theatres, adult massage
parlors, adult steam room/bathhouse/sauna facilities, adult companionship
establishments, adult conversation parlors, adult health/sport clubs, adult cabarets,
adult novelty businesses, adult motion picture arcades, adult modeling studios,
adult hotels/motels, adult body painting studios, and other premises, enterprises,
establishments, businesses or places open to some or all members of the public, at
or in which there is an emphasis on the presentation, display, depiction or
description of "specified sexual activities" or "specified anatomical areas" which
are capable of being seen by members of the public. Activities classified as
obscene as defined by Minnesota Statutes 617.241 are not included.
Adult Use, Accessory: The offering of retail goods for sale which are classified as
adult uses on a limited scale and which are incidental to the primary activity and
goods and/or services offered by the establishment. Examples of such items
include the sale of adult magazines, the sale or rental of adult motion pictures, the
sale of adult novelties, and the like.
City of Columbia Heights
Zoning and Development Ordinance - Section 3
Page 3-1
Adult Use, Principal: The offering of goods and/or services which are classified
as adult uses as a primary or sole activity of a business or establishment and
include, but are not limited to adult body painting studios, adult bookstores, adult
cabarets, adult companionship establishments, adult conversation parlors, adult
health clubs, adult theaters, adult modeling studios, and adult saunas and massage
parlors.
Alley: A public right-of-way or private way that affords a secondary means of
access to abutting property.
Annexation: The incorporation of a land area into the City of Columbia Heights
with a resulting change to the corporate limits of the City.
Assisted Living: A facility licensed by the MnDOH where individualized home
care aide services or home management services are provided to residents either
by management or by providers under contract with the management.
Auto Reduction Yard: A lot or yard where one (1) or more unlicensed motor
vehicles or the remains thereof are kept for the purpose of dismantling, sale of
parts, sale as scrap, storage or abandonment.
Auto and Truck Sales Lot: Buildings and premises for automobile/track sales and
show rooms with incidental and accessory sales and service facilities also
permitted but not required.
Banner, Flag or Pennant: A sign made of a flexible material, such as cloth,
paper, or plastic, however and wherever affixed.
Basement: A portion of a building located partially, up to fitSy percent
underground or below grade.
Bay: Cantilevered portion of a building.
Bed and Breakfast Residence: An owner-occupied, single-family residence that
provides lodging and meals to registered guests.
Bedroom: Any room used principally for sleeping purposes and does not contain
separate kitchen and sanitary facilities.
Boarding House: A building other than a motel or hotel where, for compensation
and by pre-arrangement for definite periods, meals and/or lodgings are provided
for three (3) or more persons, but not to exceed eight (8) persons.
Board of Adjustments: The Columbia Heights Planning Commission.
City of Columbia Heights
Zoning and Development Ordinance - Section 3
Page 3-2
Buffer: A landscaped area intended to separate and/or partially obstruct the view
of adjacent land uses or properties from one another.
Building: Any roofed structure that may provide shelter or enclosure of persons,
animals or chattel.
Buildable Area: The area of the lot remaining after the minimum yard or setback
requirements of this Ordinance have been established.
Building Line: A line parallel with the street right-of-way, or any property line, at
the foundation level of a building and representing the distance which the building
is set back from the street right-of-way or other property line.
Bulk Regulations: Standards and controls that establish the maximum size of
structures and the buildable area within which the structure can be located,
including height, floor area ratio, gross floor area, lot area, lot coverage,
impervious surface area and yard requirements, but excluding residential density
regulations.
Business: Any occupation, employment, or enterprise wherein merchandise is
exhibited, rented or sold or which occupies time, attention labor and/or materials
or where services or goods are offered for compensation.
Business Frontage: The property lines or lease lines at the front of the building or
the location of the main public entrance of said building.
Canopy, Awning or Marquee: A projection or extension of a structure, building
or place of assembly, erected in such a manner as to provide a shelter or cover
over the approach to any entrance of such structure, building, or place of
assembly.
Carport: An automobile shelter having one or more sides open.
Carwash: A building that provides facilities for washing and cleaning motor
vehicles, which may use production line methods with a conveyor, blower, or
other mechanical devices, and which may employ some hand labor.
Certificate of Occupancy: A document issued by the Building Official allowing
for the occupancy or use of a building, and certifying that the structure or use has
been constructed or will be used in compliance with all the applicable codes and
ordinances.
City of Columbia Heights
Zoning and Development Ordinance - Section 3
Page 3-3
Clinic, Medical: A place used for the diagnosis and treatment of sick, ailing,
infirm, injured persons, and those persons who are in need of medical attention.
Overnight care facilities are not provided at the clinic.
Clinic, Veterinary: A place used for the diagnosis and treatment of sick or injured
animals and those animals in need of medical attention.
Coffee Shop: An establishment engaged principally in the sale of coffee and other
non-alcoholic beverages for consumption on the premises or for carryout, which
may also include the sale of a limited number of food items.
Color: Any hue or combination of values of these. Black and white, shall not be
considered colors.
Commercial Use: A use of land, building or structure intended, designed or
arranged for a business, occupation, trade, or profession, including entertainment,
services or sale of goods.
Community Center: An establishment operated by a non-profit organization or
government agency, which includes recreational facilities, meeting rooms, social
service facilities, and public health facilities, or any combination thereof.
Comprehensive Plan: The policies, statements, goals and interrelated plans for
private and public use of land and water, transportation, and community facilities
including recommendations for plan execution, documented texts, ordinances,
maps which constitute the guide for the future development of the City.
Conditional Use Permit: A permit specially and individually granted by the City
Council after public hearing thereon by the Planning Commission for any
conditional use so permitted in any use district.
Convenience Store: A retail establishment, having a maximum gross floor area of
seven thousand five hundred (7,500) square feet, offering for sale prepackaged
food products, household items and other goods commonly associated with this
type of store. This use may also be combined with a motor vehicle service
station.
Council: The Columbia Heights City Council.
Curb: A stone, asphalt or concrete boundary marking the edge of a roadway or
paved area.
Curb Level: The grade elevation as established by the City, of the curb in front of
the center of the building. Where no curb level has been established, the City
City of Columbia Heights
Zoning and Development Ordinance - Section 3
P~e34
Engineer shall determine a curb level or its equivalent for the purpose of this
Ordinance.
Curb Line: The line at the face of the curb nearest the street or roadway. In the
absence of a curb, the curb line shall be established by the City Engineer.
Day Care, Adult: A facility that provides care to functionally impaired adults on
a regular basis for periods of less than 24 hours in a structure that is not the
residence of the person being served or the facility operator.
Day Care, Family: A facility that provides care, protection and supervision of
children in a private residence for periods of less than 24 hours. The size of the
outdoor play area, the maximum number of children who may be served, and the
number and qualifications of required outside teachers and helpers are set forth in
Minnesota Statutes. This use may be licensed by other agencies.
Day Care, Group: A non-residential facility where child care, protection and
supervision services are provided on a regular basis for periods of less than 24
hours. A group day care facility may also be referred to as a Nursery.
Deck, Attached: A structure six feet or more attached to the main building that
may or may not have a railing or access to the ground, but does not have a roof or
contain walls.
Deck, Detached: A free-standing structure that is directly adjacent or attached to
the principal building that may or may not have a railing, but does not have a roof
or contain walls.
Drip Line: A vertical line extending from the outermost branches of a tree to the
ground.
Density: The number of dwellings or principal buildings or uses permitted per net
acre of land. Net acre of land shall not include any land required for public streets
or other rights-of-way.
Development: All structures and other human modifications of the landscape.
Drinking Establishment: Any premise where alcohol or non-alcoholic beverages
are sold at retail for consumption on the premises.
Drive-in Facility: Any portion of a building from which business is transacted, or
is capable of being transacted, directly with customers located in a motor vehicle.
Such use may also be referred to as a drive-through.
City of Columbia Heights
Zoning and Development Ordinance - Section 3
Page 3-5
Driveway: A private way used by vehicles to gain access to an individual lot or
parcel of land. For one- and two-family dwellings, the driveway shall be defined
as the length and width of a driving surface that is used to gain access to a private
garage.
Dwelling: A building or one (1) or more portions thereof occupied or intended to
be occupied exclusively by a family, but not including rooms in motels, hotels,
nursing homes, boardinghouses, nor trailers, tents, cabins, or trailer coaches.
Dwelling, Attached: A dwelling that is joined to another dwelling on one or more
sides by a common wall.
Dwelling, Detached: A dwelling that is surrounded by open space on the same
lot.
Dwelling, Multiple: A building so designed as to contain three (3) or more
dwellings as the principle use.
Dwelling, Townhouse: Attached dwelling units, each with a separate entrance to
front and rear yards.
Easement, Utility: A grant by a property owner for the use of a portion or strip of
land for the purposes of constructing and maintaining utilities, including, but not
limited to, sanitary sewers, water mains, electric liners, telephone lines, storm
sewers or storm drainage ways, and gas lines.
Emergency Shelter: A non-profit, charitable, or religious organization providing
boarding and/or lodging and ancillary services on the premises primarily to
indigent, needy, homeless or transient persons.
Essential Service: Underground or overhead gas, electrical, steam, or water
distribution systems; collection, communication, supply or disposal systems
including poles, wires, mains, drains, sewers, pipes, conduits, cables, fire alarm
boxes, police call boxes, traffic signals, hydrants or other similar equipment and
accessories in conjunction therewith; but not including telecommunication towers.
Equal Degree of Encroachment: A method of determining the location of
encroachment lines so that flood plain lands on both sides of a stream are capable
of conveying a proportionate share of flood flows. This is determined by
considering the effect of encroachment on the hydraulic efficiency of the flood
plain along both sides of a stream for a significant reach.
Facade: The exterior wall of a building exposed to public view.
City of Columbia Heights
Zoning and Development Ordinance - Section 3
Page 3-6
Family: An individual, or two or more persons each related by blood, marriage or
adoption, living together as a single housekeeping unit; or a group of not more
than four (4) persons not so related, maintaining a common household and using
common cooking and kitchen facilities.
Fence: A fence is any partition, structure, wall or gate erected as a dividing
marker along property lines or within the required yard.
Filling: The placement of sand, gravel, earth or other materials of any
composition on a parcel of land.
Firearm: Any device, designed to be used as a weapon, which will or is designed
to or may readily be converted to expel a projectile by the action of an explosive
or other form of combustion, but excluding a stud or nail gun used in the
construction industry or a toy gun.
Flood: A temporary rise in stream flow or stage that results in inundation of the
areas adjacent to the channel.
Flood Frequency: The average fi'equency, statistically determined, for which it
is expected that a specific flood state or discharge may be equaled or exceeded.
Flood Fringe: That portion of the flood plain outside of the floodway. Flood
fringe is synonymous with the term floodway fringe used in the Flood Insurance
Study.
Flood Plain: The areas adjoining a watercourse that have been or hereafter may
be covered by the regional flood.
Flood Proofing: A combination of structural provisions, changes, or adjustments
to properties and structures subject to flooding primarily for the reduction or
elimination of flood damages.
Floodway: The channel of the watercourse and those portions of the adjoining
flood plain that is reasonably required to carry and discharge the regional flood.
Floor Area, Net: The sum of the gross horizontal areas of the several floors of a
building including interior balconies, mezzanines and basements, but excepting
that area primarily devoted to window display, fitting rooms, stairs, escalators,
unenclosed porches, dead storage, heating and utility rooms, inside off-street
parking or loading space. Measurements shall be made from the outside of
exterior walls.
Floor Area, Gross: The sum of the gross horizontal areas of the several floors
measured to the outside of exterior walls.
City of Columbia Heights
Zoning and Development Ordinance - Section 3
Page 3-7
Floor Area Ratio: The numerical value obtained through dividing the gross floor
area of a building or buildings by the lot area on which such building or buildings
are located.
Frontage: The distance for which a lot line coincides with the right-of-way line of
a public street or the boundary of a private street.
Funeral Home: A building or part of a building thereof used for human funeral
services. Such building may contain space and facilities for embalming and other
services used to prepare the dead for burial, performance of autopsies, storage of
caskets, funeral urns and other related funeral supplies and the storage of other
funeral supplies, but excluding crematoriums.
Garage, Private: A detached accessory building or portion of principal building,
including a carport, which is used primarily for storing passenger vehicles, trailers
or one (1) truck of a rate capacity not in excess of nine thousand (9,000) pounds.
Garage Sale: Any display of used goods and/or salesmen samples and sale of
said goods on a property used primarily as a dwelling. The person conducting the
sale shall be a member of the family occupying the dwelling.
Grade: The elevation or level of the street closest to the building, structure or
sign to which reference is made, measured at the street's centerline.
Glare, Direct: That part of the visible light reaching an observer directly in a
straight line fi.om the source of its principal diffuser and/or its associated focusing
reflector.
Glare, Indirect: Light described in the definition for direct glare, but reaching an
observer by reflection fi.om a surface or surfaced which either:
(a) Move periodically under power of the wind, electricity, burning fossil fuel, or
similar energy source; or
(b) reflect 70 percent or more of the light incident upon them; or
(c) Produce by imaging the effect of the conditions of part (a) above.
Graphics: An illustration or rendering which is not for an advertising purpose
and which is applied directly to a building or structure.
Height, Building: The distance measured fi.om the mean curb level along the
fi.om lot line or fi.om the mean ground level for all of that portion of the structure
having fi.ontage on a public right-of-way, whichever is higher, to the top of the
cornice of a flat roof, to the deck line of a mansard roof, to a point on the roof
directly above the highest wall of a shed roof, to the uppermost point on a round
City of Columbia Heights
Zoning and Development Ordinance - Section 3
Page 3-8
or other arch type roof, to the mean distance of the highest gable on a pitched or
hip roof.
Height, Structure or Sign: The distance measured from the mean curb level along
the front lot line or from the mean ground level for a structure having frontage on
a public right-of-way, whichever is higher, to the uppermost portion of the
structure or sign.
Home Occupation: Any gainful occupation or profession engaged in by an
occupant of a dwelling unit. Such use must be clearly incidental and secondary to
the principal use of the dwelling for residential purposes and shall not change the
residential character of the dwelling or have an adverse effect on adjacent
properties nor constitute a nuisance or safety hazard.
Hotel: A building containing eight (8) or more guest rooms in which lodging is
provided with or without meals for compensation and which is open to transient,
permanent guests or both, and where no provision is made for cooking in any
guest room, and in which ingress and egress to and from all rooms is made
through an inside lobby or office supervised by a person in charge.
Impervious Service: A surface that is occupied by buildings or structures, or has
been compacted or covered with a layer of material so that it is highly resistant to
infiltration by water.
Industrial Use: The use of land or buildings for the production, manufacture,
warehousing, storage, or transfer of goods, products, commodities or other
wholesale items.
Junk Yard: An area where used, waste, discarded or salvaged materials are
bought, sold, exchanged, stored baled, cleaned, packed, disassembled or handled
including but not limited to scrap, iron, and other metals, paper, rags, rubber
products, bottles and lumber. Storage of such mater/al in conjunction with a
permitted manufacturing process when within an enclosed area or building shall
not be included.
Kennel: Any premises where three (3) or more non-caged domestic animals over
six (6) months of age are kept, except for an animal hospital, pet shop or
veterinary clinic.
Land Alteration: Depositing or removing four hundred (400) cubic yards or more
of material after the effective date of this Ordinance so as to modify the existing
grade, excluding excavations for the placement of footings or the construction of
basements.
City of Columbia Heights
Zoning and Development Ordinance - Section 3
Page 3-9
Lot: A parcel of land occupied or used or intended for occupancy or use by a use
permitted in this Ordinance, abutting on a public street, and of sufficient size to
provide the yard required by this Ordinance.
Lot, Comer: A lot situated at the junction of, and abutting on two (2) or more
intersecting streets or other public fights-of-way, or a lot at the point of deflection
in alignment of a continuous street, the interior angle of which does not exceed
one hundred thirty-five (135) degrees.
Lot, Interior: A lot other than a comer lot.
Lot, Through: A lot which has a pair of opposite lot lines abutting two (2)
substantially parallel streets, and which is not a comer lot. On a through lot, both
street lines shall be front lot lines for applying this Ordinance.
Lot of Record: Any lot which is one (1) unit of a plat heretofore or hereafter duly
approved and filed, or one (1) unit of an Auditor's subdivision or a Registered
Land Survey, or a parcel of land not so platted, subdivided or registered for which
a Deed, Auditor's Subdivision or Registered Land Survey has been recorded in
the office of the Register of Deeds or Registrar of Titles for Anoka County,
Minnesota prior to the effective date of this Ordinance.
Lot Area: The area of a lot in a horizontal plan bounded by the lot lines, but not
including any area occupied by the waters of a duly recorded lake or area which
has been dedicated as a public right-of-way.
Lot Area per Dwelling Unit: The number of square feet of lot area required per
dwelling unit.
Lot Depth: The mean horizontal distance between the front lot line and the rear
lot line of a lot.
Lot Line: A lot line is the property line bounding a lot except that where any
portion of a lot extends into the public right-of-way or a proposed public
right-of-way shown on a recorded official map, the line of such public
right-of-way shall be deemed the lot line.
Lot Line, Front: That boundary of a lot that abuts a public street. In the case of a
comer lot it shall be the shortest dimension on a public street. If the dimensions
of a comer lot are equal, the front lot line shall be designated by the owner and
filed with the City.
Lot Line, Rear: That boundary of a lot that is opposite the front lot line. If the
rear lot line is less than ten (10) feet in length, or if the lot forms a point at the
City of Columbia Heights
Zoning and Development Ordinance - Section 3
Page 3-10
rear, the rear lot line shall be a line ten (10) feet in length within the lot, parallel
to, and at the maximum distance from the front lot line.
Lot Line, Side: Any boundary of a lot that is not a front lot line or a rear lot line.
Lot, Substandard: A lot or parcel of land that has less than the required minimum
area or width as established by this Ordinance as a buildable parcel.
Lot Width: The minimum horizontal distance between the side lot lines as
measured at the median point of the front yard setback line.
Manufactured Home: A manufactured home means a factory-built structure or
structures equipped with the necessary service connections and made so as to be
readily movable as a unit or units on its or their own running gear and designed to
be used as a dwelling unit or units without a permanent foundation. The phrase
"without a permanent foundation" indicates that the support system is constructed
with the intent that the mobile home placed thereon will be moved from time to
time at the convenience of the owner.
Manufactured Home Park: A parcel of land so designed and improved with
utilities, parking pads, walks access roads, and other facilities to accommodate
manufactured homes that are to be used as dwellings and that have received State
approval.
Motel: A building containing eight (8) or more guest rooms in which lodging is
provided with or without meals for compensation and which is open to transient,
permanent guests or both, and where no provision is made for cooking in any
guest room, and in which ingress and egress to and from all rooms is made
directly fi'om the outside.
Motor Freight Terminal: A building or area where freight arrives and/or is
removed for routing in intra-state or inter-state shipment by motor truck.
Motor Fuel Station: A retail place of business engaged primarily in the sale of
motor fuels, but may also be engaged in supplying goods and services generally
required in the operation and maintenance of motor vehicles.
Motor Fuel Station, Major: A primarily retail place of business which may
engage in major motor vehicle repair and may include auto wash or convenience
store as an accessory use.
Motor Fuel Station, Minor: A retail place of business which shall have no more
than two service bays, and may engage in minor motor vehicle repair.
City of Columbia Heights
Zoning and Development Ordinance - Section 3
Page 3-11
Motor Vehicle Repair, Major: General repair, rebuilding or reconditioning of
engines, motor vehicles or trailers, including body work, frame work and major
painting service.
Motor Vehicle Repair, Minor: The replacement of any part or repair of any part
including the removal of the engine head or pan, engine, transmission or
differential; incidental body and fender work; minor painting and upholstering
service when said service above stated is applied within an enclosed building.
Nonconformity: Nonconformity shall have the meaning given in the Minnesota
Statutes, Section 394.22, Subdivisions 8, or successor statutes.
Noxious Matter or Material: Material capable of causing injury to living
organisms by chemical reaction, or is capable of causing detrimental effects on
the physical or economic well being of individuals.
Nursing Home: A place, residence, or home used for the boarding and care of
elderly or infirm that are dependent upon the services of others.
Obstruction: Any dam, wall, wharf, embankment, levee, dike, pile, abutment,
projection, excavation, channel rectification, culvert, building, wire, fence,
stockpile, refuse, fill, structure, or matter in, along, across, or projecting into any
channel, watercourse, or regulatory flood hazard area which may impede, retard,
or change the direction of the flow of water, either in itself or by catching or
collecting debris carried by such water, or that is placed where the flow of water
might carry the same downstream to the damage of life or property.
Office: A building or portion of a building wherein services are performed
involving predominantly administration, professional or clerical operations.
Official Control: Means legislatively defined and enacted policies, standards,
precise detailed maps, and other criteria all of which control the physical
development of a municipality or a county or any part thereof or any detail
thereof, and are the means of translating into ordinances all or any part of the
general objections of the Comprehensive Plan. Such official controls may include
but are not limited to ordinances establishing zoning, subdivision controls, site
plan regulations, sanitary codes, building codes, housing codes and official maps.
Official Map: Means a map adopted in accordance to Minnesota Statutes which
may show existing roads and highways, future roads and highways and the area
needed for widening existing public land and facilities and other land needed for
future parks, playgrounds, schools, and other public buildings, civic centers,
travel service facilities.
Opaque: Impervious to the passage of light.
City of Columbia Heights
Zoning and Development Ordinance - Section 3
Page 3-12
Open Sales Lot: Land devoted to the display of goods for sale, rent, lease,
advertising or trade where such goods are not enclosed within a building but not
including new or used cars or trucks.
Open Space, Common: Open space within or related to a development designed
and intended for the common use or enjoyment of the occupants of the
development or the public at large.
Ordinary High Water Mark: Ordinary high water level shall have the meaning
given in Minnesota Statutes, Section 103G.005, Subdivision 14; or successor
statutes.
Outside Storage: The keeping in an unroofed area of any goods, bulk material,
other material, merchandise, or products for more than twenty-four hours.
Overlay District: A zoning district that encompasses one or more primary zoning
districts, or portions thereof, and that imposes additional requirements above and
beyond those required by the primary zoning district.
Parcel: An area of land that may be designated by platting, by metes and bounds
descriptions, by a registered land survey, by auditors subdivision, or other
acceptable means, which distinguishes it from other parcels.
Parking, Joint: The development and use of a parking space or parking lot by two
(2) or more separate uses.
Pedestrian Way: A public or private right-of-way, across or within a block that
provides access for pedestrians.
Performance Standard: Criterion established to control noise, odor, radiation,
toxic or noxious matter, vibration, fire and explosive hazards, or glare or heat
generated by or inherent in uses of land or buildings.
Persons: Any individual, firm, partnership, corporation, company, association,
joint stock association or body politic; includes any trustee, receiver, assignee, or
other similar representative thereof.
Place of Worship: A building, together with its accessory buildings and uses,
where persons regularly assemble for religious worship and which buildings and
uses are maintained and controlled by a religious body organized to sustain
regular public worship.
Planned Unit Development: Planned Unit Development means a type of
development characterized by a unified site design for a number of dwelling units
City of Columbia Heights
Zoning and Development Ordinance - Section 3
Page 3-13
or dwelling sites on a parcel, whether for sale, rent or lease, and usually involving
a mix of land use, structure types and other design development details specific to
the site or project goals.
Plat: A map depicting the division or subdivision of land into lots, blocks,
parcels, tracts or other portions thereof.
Plat, Final: A drawing of a permanent nature showing the precise location and
dimensions of such features as streets, lots, easements and other elements
pertinent to transfer of ownership and prepared for permanent record.
Plat, Preliminary: A drawing showing the proposed general pattern of streets,
lots, and land uses within a tract of land to be subdivided.
Public Waters: Public waters shall have the meaning given in Minnesota Statutes,
Section 103G.005, Subdivision 15, or successor statutes.
Ramp: A structure attached to a principle or accessory building which is
constructed at a slope that meets the Uniform Building Code requirements for the
purposes of providing access to a building.
Reach: A hydraulic engineering term to describe a longitudinal segment of a
stream or river influenced by a natural or manmade obstruction. In an urban area,
the segment of a stream or river between two consecutive bridge crossings would
most typically constitute a reach.
Regional Flood: A flood which is representative of large floods known to have
occurred generally in Minnesota and reasonably characteristic of what can be
expected to occur on an average frequency in the magnitude of the 100-year
recurrence interval. Regional flood is synonymous with the term base flood used
in the Flood Insurance Study.
Residential Use Building: A dwelling, boarding, lodging, rooming, fraternity or
sorority house, or a dormitory unit.
City of Columbia Heights
Zoning and Development Ordinance - Section 3
Page 3-14
Residential Care Facility: A licensed public or private facility, which, for gain or
otherwise, regularly provides one or more dependents with twenty-four (24) hour
a day substitute for the care, food, lodging, training, supervision, rehabilitation,
and treatment they need, but which for any reason cannot be furnished in the
dependent's own home. The term includes facilities that are licensed by the
Minnesota Department of Health, foster homes, residential treatment facilities,
maternity shelters, group homes, schools for challenged children, and homes for
battered children or spouses. Such term shall not include any facility eligible for
licensure by the Minnesota Department of Corrections.
Restaurant: An establishment engaged in the preparation and retail sale of food
and beverages, which is characterized by table service to customers and does not
meet the definition of a fast food restaurant.
Restaurant, Fast Food: An establishment whose design or principal method of
operation includes at least five of the following characteristics.
(a) Less than fifty (50) percent of the gross floor area is devoted to customer
dining.
(b) A permanent menu board is provided from which to select and order food.
(c) If a chain or franchised restaurant, standardized floor plans are used over
several locations.
(d) Customers pay for food before consuming it.
(e) A self-serve condiment bar is provided.
(f) Trash receptacles are provided for self-serve bussing.
(g) Furnishing plan indicates hard-finished stationary seating arrangement.
(h) Most main course food items are substantially cooked on the premises and
packaged in individual, non-reusable containers.
In addition, any restaurant with a drive-through facility shall be considered a fast
food restaurant.
Right-of-way: An area or strip of land, either public or private, upon which a
right-of-passage has been recorded for the use of vehicles, including trains, or
pedestrians or both.
Road: A public right-of-way affording primary access by pedestrians and vehicles
to abutting properties, whether designated as a street, highway, thoroughfare,
parkway, throughway, road, avenue, boulevard, lane, service road, place or
however otherwise designated.
Roof Line: The uppermost line of the roof of a building or, in the case of an
extended fagade, the uppermost height of said faq:ade.
City of Columbia Heights
Zoning and Development Ordinance - Section 3
Page 3-15
Rooming House: A residential structure that offers a room or moms without
kitchen facilities for rent.
Roomer: A person who is not a member of the family occupying a room for a
charge.
Semi-public Use: Semi-public Use means the use of land by a private, non-profit
organization to provide a public service that is ordinarily open to some persons
outside the regular constituency of the organization.
Setback The minimum horizontal distance between a building or structure and a
right-of-way, property line, ordinary high water level, or other specified facility.
Sewer System: Pipelines or conduits, pumping stations, and force main, and all
other construction, devices, appliances, or appurtenances used for conducting
sewage or industrial wastes or other wastes to a point of ultimate disposal and/or
treatment.
Sign: A structure, device, advertisement, advertising device or visual
representation intended to advertise, identify or communicate information to
attract the attention of the public for any purpose and without prejudice to the
generality of the foregoing. A sign includes any symbols, letters, figures,
graphics, or forms painted or otherwise affixed to a building or structure intended
to attract the attention of the public for any purpose. This definition includes a
structural or nonstmctural device that borders, illuminates, animates or projects
the visual representation.
(a)
(c)
(d)
Sign Area: The entire area within a single continuous perimeter enclosing
the extreme limits of such sign. Such perimeter shall, in no case, pass
through or between any adjacent elements of such sign. In the case of a
sign designed with more than one exterior surface, the .area shall be
computed as including only the maximum single display surface, which is
visible from any ground position at one time. The supports, uprights, or
structures on which any sign is supported, which do not form an integral
part of the display, are not included in the sign area.
Sign, Maximum Height: Refers to the vertical distance measured from the
nearest finished grade to the top of such a sign.
Sign, Minimum Height: Shall refer to the vertical distance measured from
the nearest finished grade to the lower limit of such sign.
Sign Structure: The structure which supports or is capable of supporting
any sign, including the framework, braces, uprights, and supports of such
signs. Said definition shall not include a building to which the sign is
attached.
City of Columbia Heights
Zoning and Development Ordinance - Section 3
Page 3-16
Sign Alteration: A change of copy area, size, or location exclusive of routine
maintenance, painting or change of the copy itself.
Sign, Animated: A sign that includes action or motion effected through
mechanical or electrical means or wind, exclusive of flashing, changing and
indexing signs.
Sign, Area Identification: A sign identifying a shopping center or multiple
dwelling units.
Sign, Billboard: A non-accessory sign for the purpose of advertising a product,
event, person, subject or service not entirely or directly related to the premises on
which said sign is located, including a sign for the purpose of advertising the
availability for rental or sale of the sign itself.
Sign, Canopy, Awning or Marquee: A sign suspended from or forming part of the
canopy, awning, or marquee that does not extend horizontally beyond such
canopy, awning or marquee.
Sign, Changeable Copy: A sign employing detachable copy, letters or symbols
which may be altered, substituted or rearranged to convey varying messages,
regardless of method of attachment.
Sign, Changing: A sign which displays copy changes, such as an electronically or
electrically controlled public service, time and temperature sign, message center
or reader-board.
Sign, Copy: The letters, symbols, or other representatives used on a sign to
convey a message.
Sign, Copy Area: That portion of the sign which contains the copy and to which
the copy is applied.
Sign, Directional: An on-premise sign designed to guide or direct pedestrian or
vehicular traffic.
Sign, Electric: A sign that uses electrical wiring on, in or near such sign to effect
movement and/or illumination, inclusive of illuminated signs.
Sign, Flashing: A sign that contains flashing lights or exhibits discemable and
purposeful changes in light intensity or color.
Sign, Free-Standing: A permanent sign which is not affixed to any part of a
building or structure and which is supported by uptight brace(s) or post(s) placed
in the ground.
City of Columbia Heights
Zoning and Development Ordinance - Section 3
Page 3-17
Sign, Identification: A sign which is limited to the name, address and number of a
building, structure, institution, or person in addition to the activity carried on in
the building, structure or institution, or the occupation of the person.
Sign, Illuminated: A sign designed to give forth or reflect any artificial light,
either directly from a source of light incorporated in or connected with such sign,
or indirectly from an artificial source in the immediate proximity thereof.
Sign, Incidental: A small sign less than two (2) square feet in area of a
noncommercial nature, intended primarily for the convenience of the public,
including signs designating rest areas and public telephones.
Sign, Institutional: A sign used by an institution.
Sign, Monument: A permanent freestanding sign which is not affixed to any part
of a building or structure and which is typically constructed of masonry, concrete,
wood or other decorative type material to complement the surrounding area.
Sign, Political: A sign which states the name, slogan and/or picture of an
individual seeking election to a public office, or which pertains to a public
election or referendum, or which relates to or advocates political views or
policies.
Sign, Portable: A sign that is not permanently attached to the ground or to a
building or structure.
Sign, Projecting: A sign which extends outward from the wall of a building or
structure more than 18 inches, and is supported by or suspended from such wall.
Sign, Real Estate: A sign offering land and/or buildings for sale, lease or rental,
located on such property.
Sign, Revolving: A sign, any part of which tums, rotates, or revolves.
Sign, Roof. A sign which is painted on, affixed to, or erected upon the roof or
parapet of a building or structure of which any portion in situated on or above the
roof level of such building or structure and is wholly or partially supported by
said building or structure.
Sign, Temporary: A sign, banner, pennant, valance, or advertising device
intended to be displayed for a limited period of time, whether portable or attached
to the principal structure.
Sign, Time and Temperature: A sign that displays only time and temperature
information.
City of Columbia Heights
Zoning and Development Ordinance - Section 3
Page 3-18
Sign, Wall: An identification sign affixed to or painted on the wall of a building
or structure with the exposed face of the sign in a plane parallel to the plane of
said wall.
Sign, Window: A sign painted on, placed in, or affixed to any window, exclusive
of merchandise on display.
Shopping Center: A group of four (4) or more commercial uses that has either
common management or ownership, or has a contiguous gross retail area of
twenty thousand (20,000) square feet or more.
Shore Impact Zone: The land located between the ordinary high water level of a
public water and a line parallel to it at a setback of 50 percent of the required
structure setback for the applicable lake or river classification.
Shoreland: Shoreland shall have the meaning given in Minnesota Statutes,
Section 103F.205, Subdivision 4, or successor statutes.
Significant Historic Site: An archaeological site, standing structure, or other
property that meets the criteria for eligibility to the National Register of Historic
Places or is listed in the State Register of Historic Sites or is determined to be an
unplatted cemetery that falls under the provisions of the Minnesota Statutes,
Section 307.08; or successor statutes. A historic site meets these criteria if it is
presently listed on either register or if it is determined to meet the qualifications for
listing after review by the Minnesota State Archaeologist or the director of the
Minnesota Historical Society.
Specified Anatomical Areas: Less than completely and opaquely covered human
genitals, pubic region, buttock, anus, or female breast(s) below a point
immediately above the top of the areola: and human male genitals in a discernibly
turgid state, even if completely and opaquely covered.
Specified Sexual Activities: Activities including: (1) Actual or simulated sexual
intercourse, oral copulation, anal intercourse, oral-anal copulation, bestiality, direct
physical stimulation of unclothed genitals, flagellation or torture in the context of a
sexual relationship, or the use of excretory functions in the context of a sexual
relationship, and any of the following sexually-oriented acts or conduct: anilingus,
buggery, coprophagy, coprophilia, cunnilingus, fellatio, necrophilia, pederasty,
pedophilia, piquerism, sapphism, zooerasty; or, (2) Clearly depicted human
genitals in the state of sexual stimulation, arousal or tumescence; or, (3) Use of
human or animal ejaculation, sodomy, oral copulation, coitus or masturbation; or,
(4) Fondling or touching of nude human genitals, pubic region, buttocks or female
breast; or, (5) Situations involving a person or persons, any of whom are nude, clad
in undergarments or in sexually revealing costumes, and who are engaged in
City of Columbia Heights
Zoning and Development Ordinance - Section 3
Page 3-19
activities involving the flagellation, torture, fettering, binding or other physical
restraint of any such persons; or, (6) Erotic or lewd touching, fondling or other
sexually-oriented contact with an animal by a human being; or, (7) Human
excretion, urination, menstruation, vaginal or anal irrigation.
Story: That portion of a building included between the surface of any floor and
the surface of the floor next above it; or if there is no floor above, the space
between the floor and the ceiling next above. A basement shall be counted as a
story.
Street: A public fight-of-way not less than fifty (50) feet in width which affords a
primary means of access to abutting property.
Structure: Anything constructed or erected, the use of which requires more or
less permanent location on the ground or attachment to something having a
permanent location on the ground. When a structure is divided into separate parts
by an unpierced wall, each part shall be deemed a separate structure.
Structural Alteration: Any change, other than incidental repairs, which would
prolong the life of the supporting members of a building, such as bearing walls,
column beams, girders, or foundations.
Subdivision: Land that is divided for the purposes of sale, rent, or lease and
including planned unit developments.
Twinhome: A single-family residential dwelling on an individual lot, sharing a
common wall with another single-family residential dwelling.
Use: The purpose or activity for which the land, structure or building thereon is
designed, arranged, or intended, or for which it is occupied or maintained.
Use, Conditional: Either a public or private use as listed which, because of its
unique characteristics, cannot be properly classified as a permitted use in a
particular district.
Use, Permitted: A use which may be lawfully established in a particular district
or districts, provided it conforms with all requirements, regulations and
performance standards of such district.
Use, Principal: The main use of land or buildings.
Vending Machine: Any coin operated device that dispenses a product or service
without an attendant.
City of Columbia Heights
Zoning and Development Ordinance - Section 3
Page 3-20
Wall Surface: The total horizontal area of the building face, including windows
and door areas, measured to the extreme outer limits of such wall surface.
Yard: A required open space on a lot, which is unoccupied and unobstructed by a
structure from its lowest ground level to the sky except as expressly permitted in
this Ordinance. A yard shall extend along a lot line and at right angles to such lot
line to a depth or width specified in the yard regulations for the district in which
such lot is located.
Yard, Front: A yard extending along the full width of the front lot line between
side lot lines and extending from the abutting front street right-of-way line to a
depth required in the yard regulations for the district in which such lot is located.
Yard, Rear: A yard extending along the full width of the rear lot line between the
side lot lines and extending toward the front lot line for a depth as specified in the
yard regulations for the district in which such lot is located.
Yard, Side: A yard extending along a side lot line between the from and rear
yards, having a width as specified in the yard regulations for the district in which
such lot is located.
Zoning Administrator: Person appointed by the City Manager as provided by this
Ordinance.
Zoning District: An area or areas within the limits of the City for which the
regulations and requirements governing use are uniform.
City of Columbia Heights
Zoning and Development Ordinance - Section 3
Page 3-21
CHAPTER 9: LAND USE AND DEVELOPMENT
SECTION 4:
ADMINISTRATION AND ENFORCEMENT
9.401 General Provisions
O)
Purpose. This Chapter sets forth the procedures required for the administration of
this Ordinance, outlines the powers and duties of the officials and bodies charged
with such administration, establishes standards for required approvals, and
provides enforcement in a manner which protects the public health, safety and
general welfare.
(2)
Concurrent Review. In order to provide for the efficient administration of this
Ordinance, all applications for a single project or proposal that require multiple
actions shall be processed concurrently.
(3)
Substantially Similar Uses. Whenever an application contains a use not
specifically included in this Ordinance, the Zoning Administrator shall issue a
statement of clarification, finding that the use is either substantially similar in
character and impact to a use regulated in this Ordinance or that the use is not
substantially similar to any other use regulated in this Ordinance. If the use is not
substantially similar to any other use regulated in this Ordinance, the use shall be
prohibited.
9.402 Authority and Duties for Administration
(1)
Authority. The following City officials and bodies, without limitation upon such
authority as each may possess by law, have responsibility for implementing and
administering this Ordinance:
(a)
Co)
(c)
(d)
Zoning Administrator
Development Review Committee
Planning Commission
City Council
(2) Zoning Administrator.
(a)
Authority. The Zoning Administrator shall be appointed by the City
Manager to administer and enforce the provisions of this ordinance.
Co) Duties. The Zoning Administrator shall have the following
responsibilities:
City of Columbia Heights
Zoning and Development Ordinance - Section 4
P~e4-1
Conduct inspections of buildings and uses of land to determine
compliance with the provisions of this Ordinance.
Maintain permanent and current records of this Ordinance,
including, but not limited to, all associated maps, amendments,
conditional uses, variances, and appeals.
Receive, file and forward all applications for appeals, variances,
conditional use permits, zoning ordinance amendments, vacations,
minor subdivisions, preliminary plats, final plats or other matters
to the appropriate decision-making body.
Make a determination of compliance with this Ordinance on all
applications for building permits and certificates of occupancy.
5. Provide zoning information to residents and others upon request.
6. Interpret the provisions of this Ordinance.
(3) Development Review Committee.
(a)
Authority. The membership of the Development Review Committee shall
be City staff members as appointed by the City Manager.
Co)
Duties. The Development Review Committee shall have the following
responsibilities:
1. Review plans and plats for conformance with the technical
requirements of this Ordinance.
Make recommendation to the Planning Commission and City
Council regarding applications for development or land use
approvals.
(4) Planning Commission.
(a)
Authority. The Planning Commission shall be appointed by the City
Council.
Co) Duties. The Planning Commission shall have the following
responsibilities:
Hear and make recommendations to the City Council regarding all
applications for a conditional use permit or an amendment to a
conditional use permit.
City of Columbia Heights
Zoning and Development Ordinance - Sect'.on 4
Page 4-2
Hear and make recommendations to the City Council regarding all
applications for an amendment to this Ordinance, both text
amendments and amendments to the district boundaries on the
official zoning map.
Hear and make recommendations to the City Council regarding all
applications for minor subdivisions, preliminary plats and final
plats.
Review, hold public hearings, and prepare recommendations on
any changes to the City's Comprehensive Plan.
5. Review this Ordinance fi.om time to time and make
recommendations to the City Council that changes be initiated.
Hear and make recommendations on any other matter referred to it
by the City Council.
(c)
Board of Appeals and Adjustment Duties. In accordance with Minnesota
Statute {}462.354, the City Council has designated the Planning
Commission as the Board of Appeals and Adjustments. As such, the
Planning Commission shall have the following additional responsibilities:
Hear and make decisions on all applications for an appeal of any
administrative order, requirement, determination or final decision
made by the Zoning Administrator or other official in the
administration of this Ordinance.
Hear and make decisions on all applications for a variance fi.om
the literal provisions of this Ordinance.
City Council
(a)
Authority. The City Council shall have the authority given to it by State
Statutes.
(b)
Duties. The City Council shall hear and make the final decision on all
matters identified as requiring City Council action in this Ordinance.
9.403
(0
General Application Procedures
Applications. All applications for land use or development approval shall be
made on the appropriate application, as approved by the City and available from
the Community Development Department. The application shall be accompanied
by detailed written and graphic materials fully explaining the proposed
City of Columbia Heights
Zoning and Development Ordinance - Section 4
Page 4-3
development or land use change, as required by the Zoning Administrator. The
application shall also be accompanied by the appropriate fee, proof of legal
interest in the property, and two copies of a list of property owners within 350 feet
of the subject property or as otherwise defined in State Statutes, in the format
required by the Zoning Administrator.
Additional Information. The Zoning Administrator may require applicants for
land use or development approval to submit additional information as may be
necessary to evaluate the application. Such additional information may include,
but shall not be limited to, traffic studies, engineering studies and environmental
studies. The costs of such studies shall be the responsibility of the applicant, with
the person or firm preparing the study approved by the Zoning Administrator.
Pre-application Conference. A pre-application conference with the Zoning
Administrator shall be required prior to the submission of any application for land
use or development approval. The purpose of the conference is to review
application procedures and ordinance requirements with the applicant, to
exchange information regarding the proposed project, and to identify potential
opportunities and constraints for development of the site under consideration.
Completeness of Application. No application for land use or development
approval shall be deemed complete until all items that are required in support of
the application, including any additional studies or information required by the
Zoning Administrator, have been submitted.
Application Fees. Fees for all applications for development or land use approval
shall be established by resolution of the City Council. Fees shall be payable at the
time applications are filed with the Zoning Administrator and are not refundable
unless application is withdrawn prior to referral to the Planning Commission.
There shall be no fee in the case of applications filed in the public interest by the
City Council or Planning Commission.
Required Action. Pursuant to Minnesota Statutes § 15.99, all applications for land
use or development approval shall be approved or denied as per State Statute,
unless extended pursuant to Statute or unless a time waiver has been granted by
the applicant.
Reconsideration of Applications. No application for land use or development
approval that has been denied by the City Council, in whole or in part, shall be
reconsidered for a period of six months from the date of City Council action on
the application.
Expiration of Approval. If substantial development or construction has not taken
· place within one year of the date of City Council approval of an application for
land use or development approval, the approval shall be considered void unless a
petition for time extension has been granted by the City Council. Such extension
shall be submitted in writing at least 30 days prior to the expiration of the
City of Columbia Heights
Zoning and Development Ordinance - Section 4
P~e44
approval and shall state facts showing a good faith effort to complete the work
permitted under the original approval. This provision shall not apply to zoning
amendments or vacations of streets, alleys or public rights-of-way.
9.404 Public Hearings
(1)
Notice of Public Hearing. For all development or land use applications requiring
a public hearing, notice of the public heating shall be as follows: ~
(a)
Official Publication. The Zoning Administrator shall publish notice of the
time, place and purpose of the public hearing at least once in the official
City newspaper, not less than 10 days nor more than 30 days before the
hearing.
Notice to Affected Property Owners. The Zoning Administrator shall mail
a written notice of the time, place and purpose of the public hearing to all
owners of record of property located in whole or in part within 350 feet of
the boundaries of the subject property, or as otherwise defined in State
Statutes, not less than 10 days nor more than 30 days before the hearing.
The failure to give mailed notice to individual property owners, or defects
in the notice, shall not invalidate the proceedings, provided a bona fide
attempt to comply with this requirements has been made.
(c)
Notice to Department of Natural Resources. When a land use or
development application relates to property within the Floodplain
Management or Shoreland Management overlay district, the Zoning
Administrator shall mail a written notice of public hearing to the
Commissioner of Natural Resources at least 21 days before the hearing.
(2)
Hearing Procedure. All hearings shall be open to the public. Any person may
appear and testify at a hearing in person or by representative. Upon conclusion of
the public testimony, the decision-making body shall announce its decision or
recommendation, or shall continue the matter to a subsequent meeting.
City of Columbia Heights
Zoning and Development Ordinance - Section 4
Page 4-5
9.405
(1)
(2)
(3)
9.406
(1)
(2)
(3)
(4)
(5)
Appeals
Right of Appeal. At any time within 30 days after a written order, requirement,
determination or final decision has been made by the Zoning Administrator or
other official in interpreting or applying this Ordinance, except for actions taken
in connection with prosecutions for violations thereof, the applicant or any other
person affected by such action may appeal the decision.
Application for Appeal. An appeal must be made by filing a written notice of
appeal addressed to the Zoning Administrator and Planning Commission, and
stating the action appealed as well as the specific grounds upon which the appeal
is made.
Public Hearing. The Planning Commission, sitting as the Board of Appeals and
Adjustments, shall hold a public hearing on the appeal in accordance with the
requirements of this Section. After the close of the heating, the Planning
Commission shall render its findings.
Zoning Amendments
Right of Application. Amendments to the text of this Ordinance or to the district
boundaries on the official zoning map may be initiated by the City Council, the
Planning Commission, or by application of any person with a legal interest in the
affected property.
Application for Amendment: An application for an amendment to change the
district boundaries on the official zoning map or the text of this Ordinance shall
be filed with the Zoning Administrator on the approved form and shall be
accompanied by a map or plat showing the lands proposed to be changed, a
concept development plan and any other information determined by the Zoning
Administrator to be necessary.
Public Hearing. The Planning Commission shall hold a public heating on the
complete application for a zoning amendment and all amendments initiated by the
City Council or Planning Commission in accordance with the requirements of this
Section. After the close of the heating, the Planning Commission shall make
findings and submit its recommendation to the City Council.
City Council Action. The City Council shall make the final decision regarding an
application for a zoning amendment. Amendments of this Ordinance or the
district boundaries on the official zoning map shall require a four fifths (4/5)
majority vote of the City Council.
Required Findings. The City Council shall make each of the following findings
before granting approval of a request to amend this Ordinance or to change the
district boundaries on the official zoning map:
City of Columbia Heights
Zoning and Development Ordinance - Section 4
Page ~-6
The amendment is consistent with the Comprehensive Plan.
The amendment is in the public interest and is not solely for the benefit of
a single property owner.
Where the amendment is to change the zoning classification of a particular
property, the existing use of the property and the zoning classification of
property within the general area of the property in question are compatible
with the proposed zoning classification.
Where the amendment is to change the zoning classification of a particular
property, there has been a change in the character or trend of development
in the general area of the property in question, which has taken place since
such property was placed in its current zoning classification.
9.407
(1)
(2)
(3)
(4)
(s)
(6)
Variances
Purpose. The purpose of a variance is to provide a means of departure from the
literal provisions of this Ordinance where strict adherence would cause undue
hardship because of circumstances unique to the property. It is not the intent of
this section to allow a variance for a use that is not permitted within a particular
zoning district.
Right of Application. Any person with a legal interest in the property may file an
application for one or more variances.
Application for Variance. An application for a variance shall be filed with the
Zoning Administrator on the approved form and shall be accompanied by a site
plan and any other information determined by the Zoning Administrator to be
necessary.
Public Hearing. The Planning Commission, sitting as the Board of Appeals and
Adjustments, shall hold a public hearing on the complete application for a
variance in accordance with the requirements of this Section. After the close of
the hearing, the Planning Commission shall make findings and submit its
recommendation to the City Council.
City Council Action. The City Council shall make the final decision regarding an
application for a variance from the provisions of this Ordinance. Approval of a
variance shall require a simple majority vote of the City Council.
Required Findings. The City Council shall make each of the following findings
before granting a variance fi'om the provisions of this Ordinance:
City of Columbia Heights
Zoning and Development Ordinance - Section 4
Page 4.7
(7)
Because of the particular physical surroundings, or the shape,
configuration, topography, or other conditions of the specific parcel of
land involved, where strict adherence to the provisions of this Ordinance
would cause undue hardship.
The conditions upon which the variance is based are unique to the specific
parcel of land involved and are generally not applicable to other properties
within the same zoning classification.
The difficulty or hardship is caused by the provisions of this Ordinance
and has not been created by any person currently having a legal interest in
the property.
The granting of the variance is in harmony with the general purpose and
intent of the Comprehensive Plan.
The granting of the variance will not be materially detrimental to the
public welfare or materially injurious to the enjoyment, use, development
or value of property or improvements in the vicinity.
Conditions of Approval. The City Council may establish any reasonable
conditions of approval that are deemed necessary to mitigate adverse impacts
directly associated with granting of the variance and to protect neighboring
properties.
9.408 Conditional Use Permits.
(1)
Purpose. The conditional use permit process is intended as a means of reviewing
uses which, because of their unique characteristics, cannot be permitted as a right
in a specific zoning district, but may be allowed upon demonstration that such use
meets identified standards established in this Ordinance. A conditional use permit
is granted for a specific use of a specific property, and may be transferred to
subsequent owners as long as the conditions agreed upon are observed.
(2)
Right of Application. Any person with a legal interest in the property may file an
application for a conditional use permit, provided said conditional use is identified
as a conditional use within the zoning district in which the property is located.
(3)
Application for Conditional Use Permit. An application for a conditional use
shall be filed with the Zoning Administrator on the approved form and shall be
accompanied by a site plan, a detailed written description of the proposed use and
any other information determined by the Zoning Administrator to be necessary.
(4)
Public Hearing. The Planning Commission shall hold a public heating on the
complete application for a conditional use permit in accordance with the
requirements of this Section. After the close of the hearing, the Planning
City of Columbia Heights
Zoning and Development Ordinance - Section 4
Page 4-8
(5)
(6)
(7)
(8)
Commission shall make findings and submit its recommendation to the City
Council.
City Council Action. The City Council shall make the final decision regarding an
application for a conditional use permit. Approval of a conditional use permit
shall require a simple majority vote of the City Council.
Required Findings. The City Council shall make each of the following findings
before granting a conditional use permit:
The use is one of the conditional uses listed for the zoning district in
which the property is located, or is a substantially similar use as
determined by the Zoning Administrator.
The use is in harmony with the general purpose and intent of the
Comprehensive Plan.
The use will not impose hazards or disturbing influences on neighboring
properties.
The use will not substantially diminish the use of property in the
immediate vicinity.
The use will be designed, constructed, operated and maintained in a
manner that is compatible with the appearance of the existing or intended
character of the surrounding area.
The use and property upon which the use is located are adequately served
by essential public facilities and services.
Adequate measures have been or will be taken to minimize traffic
congestion on the public streets and to provide for appropriate on-site
circulation of traffic.
The use will not cause a negative cumulative effect, when considered in
conjunction with the cumulative effect of other uses in the immediate
vicinity.
The use complies with all other applicable regulations for the district in
which it is located.
Conditions of Approval The City Council may establish any reasonable
conditions of approval that are deemed necessary to mitigate adverse impacts
associated with the conditional use, to protect neighboring properties, and to
achieve the objectives of this Ordinance.
Revocation: Failure to comply with any condition set forth as part of a
conditional use permit shall be a violation of this Ordinance and is subject to the
City of Columbia Heights
Zoning and Development Ordinance - Section 4
Page 4-9
enforcement process identified in this section. Continued non-compliance shall be
grounds for revocation of the conditional use permit, as determined by the City
Council following a public hearing on the issue.
(9)
Discontinuance. When a conditional use has been established and is discontinued
for any reason for a period of one year or longer, or where a conditional use has
been changed to a permitted use or any other conditional use, the conditional use
permitted shall be considered abandoned.
9.409 Vacations.
Purpose. The vacation process allows for the vacation of public streets, alleys or
other public rights-of-way when it is demonstrated that the public reservation of
the land no longer serves a clearly identified public purpose.
Right of Application. Any person or persons who own property adjoining both
sides of the street, alley or other public right-of-way to be vacated may file an
application for vacation. In the event that the person or persons making the
request do not own all of the adjoining parcels, the application shall be
accompanied by affidavits fi.om all such property owners indicating their consent.
Application for Vacation. An application for the vacation of a street, alley or
other public right-of-way shall be filed with the Zoning Administrator on the
approved form and shall be accompanied by a legal description, a survey
depicting the area to be vacated, a list of all property owners with land adjacent to
the area to be vacated, and any other information determined by the Zoning
Administrator to be necessary.
Public Hearing. The Planning Commission shall hold a public hearing on the
completed application for the vacation of a street, alley or other public right-of-
way in accordance with the requirements of this Section. After the close of the
hearing, the Planning Commission shall make findings and submit its
recommendation to the City Council.
City Council Action. The City Council shall make the final decision regarding an
application for the vacation of a street, alley or other public right-of-way.
Approval of the vacation shall require a four-filths (4/5) majority vote of the City
Council.
Required Findings. The City Council shall make each of the following findings
before vacating a street, alley or other public right-of-way:
1. No private rights will be injured or endangered as a result of the vacation.
2. The public will not suffer loss or inconvenience as a result of the vacation.
9.410 Minor Subdivisions (Lot Splits).
City of Columbia Heights
Zoning and Development Ordinance - Section 4
Page 4-10
(1)
(2)
(3)
(4)
(5)
(6)
Purpose. The purpose of this process is to provide for approval of subdivisions
that meet specific criteria and for the waiver of standard platting requirements
specified elsewhere in this Ordinance. It is intended to facilitate the further
division of previously platted lots, the combination of previously platted lots into
fewer lots, or for the adjustment of an existing lot line by relocation of a common
boundary.
Right of Application. Any person having a legal interest in the property may file
an application for a minor subdivision. For an adjustment of an existing lot line,
the application shall be accompanied by affidavits from all affected property
owners indicating their consent.
Application for Minor Subdivision. An application for a minor subdivision shall
be filed with the Zoning Administrator on the approved form and shall be
accompanied by an accurate boundary survey and legal description of the original
parcel, a survey and legal description of the resulting parcels, and any other
information determined by the Zoning Administrator to be necessary.
Public Hearing. The Planning Commission shall hold a public hearing on the
completed application for a minor subdivision in accordance with the
requirements of this Section. After the close of the hearing, the Planning
Commission shall make findings and submit its recommendation to the City
Council.
City Council Action. The City Council shall make the final decision regarding the
application for a minor subdivision. Approval of a minor subdivision shall
require a simple majority vote of the City Council.
Required Findings. The City Council shall make each of the following findings
before approving a minor subdivision:
1. The proposed subdivision of land will not result in more than three lots.
The proposed subdivision of land does not involve the 'vacation of existing
easements.
All lots to be created by the proposed subdivision conform to lot area and
width requirements established for the zoning district in which the
property is located.
4
The proposed subdivision does not require the dedication of public rights-
of-way for the purpose of gaining access to the property.
5. The property has not previously been divided through the minor
subdivision provisions of this Ordinance.
City of Columbia Heights
Zoning and Development Ordinance - Se :tion 4
Page 4-11
(7)
6. The proposed subdivision does not hinder the conveyance of land.
The proposed subdivision does not hinder the making of assessments or
the keeping of records related to assessments.
The proposed subdivision meets all of the design standards specified in the
Section 14 (Subdivision Regulations).
Conditions of Approval The City Council may establish any reasonable
conditions of approval that are deemed necessary to protect the public interest and
ensure compliance with the provisions of this Ordinance, including, but not
limited to, the following:
The applicant shall provide required utility and drainage easements for all
newly created lots and be responsible for the cost of filing and recording
written easements with the Anoka County Recorder's Office.
The applicant shall pay parkland dedication fees for each lot created
beyond the original number of lots existing prior to subdivision, except
when such fees have been applied to the property as part of a previous
subdivision.
Recording of Minor Subdivision. Upon approval of a minor subdivision, the
applicant shall be responsible for filing the subdivision survey with the Anoka
County Recorder's Office. Any minor subdivision approved under this Section
shall become invalid if the minor subdivision is not filed with the Anoka County
Recorder within one (1) year of the date of the City Council action.
9.411 Preliminary Plats.
(1)
Purpose. A preliminary plat is a drawing intended to illustrate the proposed
subdivision of land within the City. Preliminary plat approval is required for all
subdivisions of land not specifically exempted in this Ordinance. Approval of a
preliminary plat is authorization to proceed with the final plat and does not
constitute approval of the subdivision.
(2)
Right of Application. Any person having a legal interest in the property may file
an application for a preliminary plat.
(3)
Application for Preliminary Plat. An application for a preliminary plat shall be
filed with the Zoning Administrator on the approved form and shall be
accompanied by an accurate boundary survey and legal description of the original
parcel, five copies of the preliminary plat, and any other information determined
by the Zoning Administrator to be necessary.
City of Columbia Heights
Zoningand Development Ordinance - Section 4
Page 4-12
(4)
Public Hearing. The Planning Commission shall hold a public hearing on the
completed application for a preliminary plat in accordance with thc requirements
of this Section. After thc close of thc hearing, thc Planning Commission shall
make findings and submit its recommendation to thc City Council.
(5)
City Council Action. The City Council shall make the final decision regarding an
application for a preliminary plat. Approval of a preliminary plat shall require a
simple majority vote of the City Council.
(6)
Required Findings. The City Council shall make each of the following findings
before approving a preliminary plat:
Thc proposed preliminary plat conforms with thc requirements of Section
14 of this Ordinance.
2. The proposed subdivision is consistent with the Comprehensive Plan.
The proposed subdivision contains parcel and land subdivision layout that
is consistent with good planning and site engineering design principles.
(7)
Expiration of Preliminary Plat. An approved preliminary plat shall be valid for a
period of one year from the date of City Council approval. In the event that a
final plat is not submitted within this time period, the preliminary plat will
become void.
9.412 Final Plats.
Purpose. A final plat is a drawing representing the proposed subdivision of land
within the City and serves as the document for recording purposes, as required by
the Anoka County Recorder's Office.
Right of Application. Any person having a legal interest in the property may file
an application for a final plat. A preliminary plat for the property must have been
approved within the past year for a final plat application to be accepted by the
City.
Application for Final Plat. An application for a final plat shall be filed with the
Zoning Administrator on the approved form and shall be accompanied by five
copies of the final plat and any other information determined by the Zoning
Administrator to be necessary.
Public Hearing. The Planning Commission shall hold a public hearing on the
complete application for a final plat in accordance with the requirements of this
Section. After the close of the hearing, the Planning Commission shall make
findings and submit its recommendation to the City Council.
City of Columbia Heights
Zoning and Development Ordinance - Section 4
Page 4-13
City Council Action. The City Council shall make the final decision regarding an
application for a final plat. Approval of a final plat shall require a simple majority
vote of the City Council.
Required Findings. The City Council shall make each of the following findings
before approving a final plat:
1. The final plat substantially conforms to the approved preliminary plat.
2. The final plat conforms with the requirements of Section 14 of this Ordinance.
(7)
Recording of Final Plats. Upon approval of a final plat, the applicant shall be
responsible for filing and recording the final plat with the Anoka County
Recorder's Office within one year of the date of City Council action. In the event
that a final plat is not recorded within this time period, the final plat will become
void.
9.413 Site Plan Review.
Purpose. The purpose of the site plan review process is to promote the efficient
use of land and visual enhancement of the community, ensure that newly
developed and redeveloped properties are compatible with adjacent development,
and that traffic conflicts, public safety and environmental impacts are minimized
to the greatest extent possible.
Site Plan Review Required. All site development plans for new development, or
additions to existing structures other than one and two family residences, shall be
reviewed and approved by the Planning and Zoning Commission and
Development Review Committee prior to the issuance of a building permit.
Required Information. An application for site plan review shall be filed with the
Zoning Administrator on the approved form and shall be accompanied by a
vicinity map; an accurately scaled site plan showing the location of proposed and
existing buildings, existing and proposed topography, vehicular access and
parking areas, landscaping, and other site features; elevation views of all proposed
buildings and structures; and any other information determined by the Zoning
Administrator to be necessary.
Required Findings. The Development Review Committee shall conduct the
administrative review of all site plan approval requests. All findings and
decisions of the Committee shall be forwarded to the Planning and Zoning
Commission for final decision, unless the Zoning Administrator determines that
Development Review Committee approval of site plan is sufficient. The Planning
and Zoning Commission shall make each of the following findings before
approving a site plan:
City of Columbia Heights
Zoning and Development Ordinance - Section 4
Page 4-14
a)
b)
c)
d)
The site plan conforms to all applicable requirements of this Ordinance.
The site plan is consistent with the applicable provisions of the City's
Comprehensive Plan.
The site plan is consistent with any applicable area plan.
The site plan minimizes any adverse impacts on property in the immediate
vicinity and the public right-of-way.
Conditions of Site Plan Approval. The Development Review Committee and the
Planning and Zoning Commission may impose conditions of approval on any site
plan and require guarantees deemed necessary to ensure compliance with the
requirements of this Section.
Changes to Approved Site Plan. An approved site plan may not be changed or
modified without the approval of the City Zoning Administrator. If the proposed
change is determined by the Zoning Administrator to be minor in nature, a revised
site plan may not be required. In all other eases, a revised site plan shall be
submitted for review and approval in accordance with this Section.
Expiration of Site Plan Approval. The approval of a site plan by the Planning and
Zoning Commission shall be valid for a period of one year.
9.414 Other Development Approvals and Permits.
(1)
Building Permits. Building permits are required in accordance with the adopted
building code. No building permit shall be issued unless the proposed
construction or use is in conformance with the requirements of this Ordinance and
all necessary zoning approvals have been granted.
(2)
Sign Permits. All signs displayed within the City are required to obtain a Sign
Permit from the Zoning Administrator in accordance with Section 6 of this
Ordinance, unless herein excluded.
(3)
Site Plan Approval. All site development plans for development, other than one
and two family residences, shall be reviewed and approved by the Development
Review Committee prior to the issuance of a building permit.
9.415
(1)
Enforcement
Complaints. The Zoning Administrator shall have the authority to investigate any
complaint alleging a violation of this Ordinance or the conditions of any zoning or
plat approval, and take such action as is warranted in accordance with the
provisions set forth in this Ordinance.
(2) Procedure.
City of Columbia Heights
Zoning and Development Ordinance - Section 4
Page ,% 15
(3)
Notice of Violation. The Zoning Administrator shall provide a written
notice to the property owner or to any person responsible for such
violation, identifying the property in question, indicating the nature of the
violation, and ordering the action necessary to remedy the violation,
including a reasonable time period for action. Additional written notices
may be provided at the Zoning Administrator's discretion.
Co)
Enfomement without Notice. Whenever the Zoning Administrator finds
that an emergency exists in relation to the enforcement of the provisions of
this Ordinance, which requires immediate action to protect the health,
safety or welfare of the occupants of any structure, or the public, the
Zoning Administrator may seek immediate enforcement without prior
written notice.
Violation and Penalties. Any person, firm or corporation violation any of the
provisions of this Ordinance or any amendments thereto is guilty of a
misdemeanor. Each day that a violation is permitted to exist shall constitute a
separate offense.
City of Columbia Heights
Zoning and Development Ordinance - Section 4
Page 4-16
CHAPTER 9: LAND USE AND DEVELOPMENT
SECTION 5:
NON-CONFORMITIES
9.501 General Provisions.
(1)
Purpose. This Section regulates and limits the continued existence of uses,
structures, lots and signs that were lawfully established prior to the effective date
of this Ordinance but do not conform to the regulations set forth in this
Ordinance.
Thc zoning districts established in this Ordinance arc designed to guide thc future
use of land within the City by encouraging the development and maintenance of
desirable residential, commercial, industrial and public uses in specific locations
throughout the City. The continued existence of non-conformities is inconsistent
with the purposes for which the zoning districts are established and the gradual
elimination of non-conformities is generally desirable.
(2)
Continuation of Non-conformities. Legal non-conformities shall be allowed to
continue as long as they remain otherwise lawful, subject to the provisions of this
Section. Non-conformities that were not lawfully in existence on the effective
date of this Ordinance shall be prohibited.
Nothing contained in this Section shall be construed to permit a violation of any
provision of the Columbia Heights City Code or the continuation of any unsafe or
unsanitary condition.
(3)
Change of Ownership. A change in tenancy, management or ownership of a non-
conformity shall be allowed, provided there is no change in the nature or character
of the non-conformity, except as otherwise provided by this Section.
9.502 Non-conforming Uses.
(1)
Non-conformity Established. Any use of land that is not identified as a permitted,
provisional or conditional use within the zoning district in which the property is
located shall be deemed a non-conforming use of land.
(2)
Right to Continue. A legal non-conforming use of land may be continued as it
existed on the effective date of this Ordinance, except as provided for herein.
(3)
Expansion Prohibited. A non-conforming use of land shall not be enlarged,
increased, expanded or changed in any manner or dimension except to comply
with the provisions of this ordinance.
City of Columbia Heights
Zoning and Development Ordinance - Section 5
Page 5-1
(4)
(9)
(lo)
Intensification Prohibited. A non-conforming use of land shall not be intensified
in character or operation, including, but not limited to, increased hours of
operation and the expansion of the use to a portion of the property not previously
used.
Repair and Maintenance. Minor repairs and routine maintenance of a structure
containing or related to a non-conforming use of land that are necessary to keep
the structure in a sound and safe condition are permitted.
Discontinuation of Use. A non-conforming use of land that has been discontinued
for a period of six (6) months shall not be re-established.
Change of Use. A non-conforming use of land that has been changed to a
conforming use shall not thereafter be changed back to any non-conforming use.
A change in the use of land from one non-conforming use to another non-
conforming use is prohibited.
Reduction of Non-conformity. A non-conforming use that is reduced in size,
intensity or otherwise becomes more conforming may not again be expanded or
become less conforming. Removal of a structure, relocation of the use, and
reduction or elimination of any site element (such as outdoor storage) is deemed a
reduction in intensity.
Damaged or Destroyed. A structure containing or relating to a non-conforming
use of land that is damaged or destroyed by fire or natural causes, to the extent
that the cost of repair is more than 50 percent of the assessed value, shall not be
restored unless to a conforming use. However, any principal residential structure
located in a LB (Limited Business District) which falls within the 'Town Square
Concept' (adopted August, 2000) of the Columbia Heights Downtown Master
Plan, and is damaged or destroyed by fire or natural causes over 50 % of the
assessed value, the dwelling may be reconstructed in the same footprint as the
original structure, but may not be expanded in size.
Uses in Floodway District. Nonconforming uses located in thc Floodway District
shall be eliminated or brought into conformity with the standards contained in this
Ordinance within a reasonable period of time as determined by the City Council,
after a heating for each such nonconforming use. The Board shall make its
determination upon the basis of the normal useful life of any improvement upon
the premises. In addition, the monetary value of any competitive advantage
derived by the operation of such nonconforming use, by reason of the limitation
on establishment of competing businesses as a result of this Ordinance, shall be
considered as a reduction of losses resulting from the requirement of termination
of the use under this Ordinance.
9.503 Non-conforming Structures.
City of Columbia Heights
Zoning and Development Ordinance - Section 5
Page 5-2
(0
(2)
(4)
Non-conformity Established. Any building or structure that does not conform to
the setback, dimensional or density standards of the zoning district in which the
property is located shall be deemed a non-conforming structure.
Right to Continue. A legal non-conforming structure may be continued as it
existed on the effective date of this Ordinance, except as provided for herein.
Expansion Prohibited. A non-conforming accessory building shall not be
enlarged, altered or expanded in any manner or dimension. A non-conforming
principal structure shall not be enlarged, altered or expanded in any manner or
dimension, unless the alteration or expansion: 1) does not increase the degree of
non-conformity; 2) does not further infringe upon established setbacks or building
restrictions; 3) does not exceed 50 percent of the assessed value of the structure
over the life of the structure at the time it became nonconforming; and 4) would
substantially reduce potential flood damages for the entire structure.
Repair and Maintenance. Minor repairs and routine maintenance necessary to
keep a non-conforming structure in a sound and safe condition are permitted.
Damaged or Destroyed. A non-conforming structure that is damaged or
destroyed by fire or natural causes, to the extent that the cost of repair is more
than 50 percent of the assessed value, shall not be restored unless it is brought into
conformance. However, any principal residential structure located in a LB
(Limited Business District), which falls within the 'Town Square Concept'
(adopted August, 2000) of the Columbia Heights Downtown Master Plan, and is
damaged or destroyed by fire or natural causes over 50 % of the assessed value,
the dwelling may be reconstructed in the same footprint as the original structure,
but may not be expanded in size.
Increased Livability. Alterations may be made to a building containing non-
conforming residential units when the alteration will improve the livability thereof,
provided it will not increase the number of dwelling units nor the outside
dimensions of the building.
9.504 Non-conforming Lots.
(0
Non-conformity Established. A lot of record that does not conform to the width,
depth, lot area or frontage requirements of the zoning district in which the
property is located is deemed a non-conforming lot.
(2)
Combination of Lots Required. If two or more non-conforming lots are
contiguous and under common ownership on the effective date of this Ordinance,
such lots shall be combined for the purposes of development in order to satisfy the
requirements of this Ordinance.
City of Columbia Heights
Zoning and Development Ordinance - Section 5
Page 5-3
(3)
(4)
9.505
Lot Developable. A non-conforming lot that can be used in conformity with all of
the regulations applicable to the intended use, except that the lot is smaller that
the minimum required in the applicable zoning district, can be used as proposed
just as if it were conforming.
Variance Required. Development of a non-conforming lot that will be
conforming with all applicable regulations, except for applicable setback
requirements, shall require a variance in accordance with the provisions found in
Section 4 of this Ordinance.
Non-conforming Signs.
Non-conformity Established. A sign that was installed prior to July 13, 1981, and
does not conform to the requirements of Section 6 of this Ordinance is deemed a
non-conforming sign.
Right to Continue. A legal non-conforming sign may be continued as it existed
on the effective date of this Ordinance, except as provided for herein.
Expansion Prohibited. A non-conforming sign shall not be enlarged,
reconstructed or altered in any manner or dimension except to comply with the
provisions of this Ordinance.
Repair and Maintenance. Minor repairs and routine maintenance of a non-
conforming sign that are necessary to keep the structure in a sound and safe
condition are permitted. If the non-conforming sign requires significant repairs or
replacement, the Zoning Administrator may require its removal.
Discontinuation of Use. A non-conforming sign that has not been used for a
period of six (6) months shall be removed from the property.
Damaged or Destroyed. A non-conforming sign that is damaged or destroyed by
any cause or means, to the extent that the cost of repair is more than 50 percent of
the assessed market value, shall not be restored unless to a conforming sign.
City of Columbia Heights
Zoning and Development Ordinance - Section 5
Page 5-4
CHAPTER 9:
SECTION 6:
LAND USE AND DEVELOPMENT
GENERAL DEVELOPMENT STANDARDS
9. 601
1)
2)
General Provisions
Purpose. The purpose of this Section is to establish regulations of general
applicability to property throughout the City, to promote the orderly development
and use of land, to minimize conflicts between uses of land, and to protect the
public health, safety and welfare.
Applicability. The regulations set forth in this Section shall apply to all structures
and uses of land, except as otherwise provided in this Ordinance.
9.602 Lot Controls
Purpose. Lot controls are established to provide for the orderly development and
use of land, and to provide for adequate light, air, open space and separation of
uses.
Use of Lots. All lots shall be used in a manner consistent with the requirements of
the zoning district in which the property is located. No part of any existing lot
shall be used as a separate lot or for the use of another lot, except as otherwise
provided in this Ordinance.
3)
Lot Divisions.
resulting from
Ordinance.
No lot shall be divided into two or more lots unless all lots
such division conform to all applicable regulations of this
4)
Lots of Record. A lot of record shall be deemed a buildable lot provided it has
frontage on a public right-of-way and meets the setback and area requirements for
the district in which it is located, or adjusted to conform as follows:
A lot or lot of record upon the effective date of this Ordinance which is in
a Residential District and which does not meet the requirements of this
Ordinance as to area or width, may be utilized for single family detached
dwelling purposes provided the measurements of such lot meets
100 percent of the front yard, side yard and rear yard setback requirements
for the district in which it is located and sixty (60) percent of the minimum
lot area or lot width requirements for the district in which it is located.
5)
Principal Buildings in Residential Districts. There shall be no more than one (1)
principal building on a lot in any Residential District, unless otherwise provided
for through a mixed use planned development.
City of Columbia Heights
Zoning and Development Ordinance - Section 6
P~et-I
6)
10)
Principal Buildings in Non-residential Districts. There may be more than one (1)
principal building on a lot in Non-residential Districts, provided each building
meets all of the requirements, including setbacks, of the district in which it is
located.
Required Yards. Yard requirements shall be as specified for the zoning district in
which the lot is located. No yard or other open space shall be reduced in area or
dimension so as to make such yard or other open space less than the minimum
required by this Ordinance. If the existing yard or other open space is less than
the minimum required, it shall not be further reduced. In addition, no required
yard or other open space allocated to a building or dwelling group shall be used to
satisfy yard, open space, or minimum lot area requirements for any other structure
or lot.
Setback Exception in Residential Districts. In any Residential District where the
average depth of the front yard for buildings within two hundred (200) feet of the
lot in question and within the same block front is lesser or greater than that
required by Ordinance, the required front yard for the lot in question shall be the
average plus or minus ten (10)percent of the depth; however, the depth of the
required front yard shall not be less than ten (10)feet nor more than fifty
(50) feet.
Corner Lots. For comer lots, the shorter lot line abutting a public street shall be
deemed the front lot line for purposes of this Ordinance, and the longer lot line
abutting a public street shall be deemed a side lot line.
Through Lots. For through lots, both lot lines that abut a public street or other
right-of-way shall be deemed front lot lines for purposes of this Ordinance, and
the required front yard shall be provided along each front lot line.
Yard Encroachments. The following uses shall not be considered as encroachments
into required yards, provided they are not located closer than one (1) foot to the
property line, except for fences:
Cornices, canopies, awnings, eaves, bay windows and other ornamental
features, provided they do not extend more than three (3) feet into the
required yard.
b)
Chimneys, air conditioning units, fire escapes, uncovered stairs, ramps and
necessary landings, provided they do not extend more than four (4) feet
into the required yard.
c)
Fences constructed and maintained in accordance with the applicable
provisions of this Ordinance.
City of Columbia Heights
Zoning and Development Ordinance - Section 6
Page 6-2
12)
Driveways and parking areas constructed and maintained in accordance
with the applicable provisions of this Ordinance.
e)
Accessory buildings constructed and maintained in accordance with the
applicable provisions of this Ordinance.
f)
Mechanical equipment constructed and maintained in accordance with the
applicable provisions of this Ordinance.
g)
Signs constructed and maintained in accordance with the applicable
provisions of this Ordinance.
h)
Private swimming pools, tennis courts, basketball courts or other private
recreational facilities constructed and maintained in accordance with the
applicable provisions of this Ordinance.
Traffic Visibility. No planting, structure or other obstruction shall be placed or
allowed to grow on comer lots in a manner that will impede vision on the
intersecting rights-of-way, in accordance with the following sight triangles:
Street Intersections. No planting or structure in excess of thirty (30)
inches above the abutting curb line shall be permitted within the sight
triangle, defined as the area beginning at the intersection of the projected
curb line of two intersecting streets, then thirty (30)feet along one curb
line, diagonally to a point thirty (30) feet fi.om the point of beginning on
the other curb line, then back to a point of beginning.
b)
Street and Alley Intersections. No planting or structure in excess of thirty
(30) inches above the abutting curb line shall be permitted within the sight
triangle, defined as the area beginning at the point of intersection of the
projected curb line and the alley right-of-way, then thirty (30) feet along
the street curb line, diagonally to a point ilfteen (15) feet fi.om the point of
beginning along said alley fight-of-way or projection of the alley
right-of-way, then back to the point of beginning.
c)
Alley and Alley Intersections. No planting or structure in excess of thirty
(30) inches above the nearest edge of the traveled fight-of-way shall be
permitted within the sight triangle, defined as the area beginning at the
point of intersection of the two alley fight-of-way lines, then fifteen (15)
feet along one alley fight-of-way line, then diagonally to a point fifteen
(15) feet from the point of beginning along the second alley fight-of-way
line, then back to the point of beginning. Any structures existing within
this sight triangle shall be deemed non-conforming structures in
accordance with the provisions of Section 5 of this Ordinance.
City of Columbia Heights
Zoning and Development Ordinance - Section 6
Page 6-3
9.603
1)
Height Limitations. The building and structure height limitations established for
each zoning district shall apply to all buildings and structures, except that such
height limitations may be increased by fifty (50) percent when applied to the
following:
a)
b)
c)
d)
e)
0
g)
h)
i)
Church spires, steeples or belfries.
Chimneys or flues.
Cupolas and domes which do not contain usable space
Towers, poles or other structures for essential services.
Flag poles.
Mechanical or electrical equipment, provided said equipment does not
occupy more than twenty-five (25) percent of the roof area.
Television and ham radio antennas.
Monuments.
Telecommunication towers constructed in accordance with the provisions
of Columbia Heights Tower Siting Ordinance # 1424.
Accessory Uses and Structures.
Accessory Structures, Residential Uses. The following standards shall regulate
the construction and maintenance o f residential accessory structures:
a) Each residentially zoned parcel shall be allowed two (2) detached
accessory structures.
b)
No accessory structure shall be constructed or located within any front
yard.
c)
Accessory structures for one and two family dwellings shall be set back a
minimum of three (3) feet from the side lot line, and a minimum of three
(3) feet from the rear lot line, a minimum of five (5) feet from any other
building or structure on the same lot, and behind the principal structure
building line in the front yard.
d)
An accessory structure shall be considered an integral part of the principal
structure if it is connected to the principal building by a covered
passageway.
e)
An accessory structure, or any combination of accessory structures,
storage sheds and attached garages, shall not exceed one thousand (1,000)
square feet in area.
The height of an accessory structure shall not exceed the height of the
principal structure or eighteen (18) feet in height, as measured to the
highest point, whichever is less.
City of Columbia Heights
Zoning and Development Ordinance - Section 6
Page 6-4
g)
The wall height of an accessory structure shall not exceed nine (9) feet in
height.
Where the natural grade of the lot is ten (10) feet or more above or below
the established curb level at the front building setback and access from an
alley is not available, an accessory structure for the storage of not more
than two (2) automobiles may be constructed within any yard, provided
that at least one-half of the height is below grade level and the accessory
structure is set back a minimum of twenty (20) feet from any right-of-way.
i)
The exterior color and design of an accessory structure shall be similar to
the principal structure. Corrugated metal siding and roofs shall be
prohibited.
J)
The building coverage on each residential lot, including principal and
accessory structures, shall not exceed thirty-five (35) percent for lots of
6,500 square feet or less or thirty (30) percent for lots with more than
6,500 square feet in area.
k)
Whenever a garage is so designed that the vehicle entry door(s) are facing
a street or alley, the distance between the door(s) and the lot line shall be
no less than twenty (20) feet for lots greater than 6,500 square feet, and
shall be no less than fifteen (15) feet for lots 6,500 square feet or less.
1)
Accessory structures for multiple family dwellings shall be placed in the
rear yard and shall be subject to the same height and exterior finish
regulations as the principal structure for the district in which it is located,
in addition to the requirements of this Section.
m)
Any accessory structure capable of storing one (1) or more motorized
vehicle shall be provided with a hard-surfaced access driveway, no less
than twelve (12) feet in width, to an adjacent public street or alley, and
shall be no less than 20 X 20 in size.
n)
Accessory buildings shall not be located within any utility or drainage
easement.
o)
All accessory buildings over 120 square feet in area shall require a
building permit fi.om the City.
2)
Accessory Structures, Non-residential Uses. The following standards shall
regulate the construction and maintenance of non-residential accessory structures:
All accessory structures shall be subject to the same setback, height and
exterior finish regulations as a principal structure for the district in which
it is located.
City of Columbia Heights
Zoning and Development Ordinance - Section 6
Page 6-5
b)
The height of an accessory structure shall not exceed the height of the
principal structure.
c)
All multiple story and accessory structures over 120 square feet in area
shall require a building permit fi.om the City.
3)
Home occupations. Home occupations are allowed in Residential districts,
subject to the following standards:
The home occupation shall be clearly incidental and subordinate to the
residential use of the property. Exterior alterations or modifications that
change the residential character or appearance of the dwelling, any
accessory building or the property itself shall not be allowed.
b)
Only persons residing on the premises and no more than one (1) non-
resident employee shall be engaged in the conduct of the home occupation
on the premises at any given time.
c)
There shall be no outside storage of products, materials or equipment used
in conjunction with the home occupation.
d)
The home occupation must be conducted within the principal residential
structure and/or up to thirty (30) percent of the floor area of an accessory
building or attached garage.
e)
The required off-street parking for the residential use shall not be reduced
or made unusable by the home occupation.
t)
The home occupation shall not generate excessive traffic or parking that is
detrimental to the character of the neighborhood.
g)
Shipment and delivery of products, merchandise or supplies shall be by
single rear axle straight trucks or similar delivery tracks normally used to
serve residential neighborhoods.
There shall be no indications of offensive noise, odor, smoke, heat, glare,
vibration, or electrical interference at or beyond the property line of the
home occupation.
i)
Signage for the home occupation shall be limited to one (1) non-
illuminated sign, not exceeding two (2) square feet in area and attached to
the wall of the residential dwelling.
J)
The home occupation shall meet all applicable fire and building codes, as
well as any other ~pplicable City, State or Federal regulations.
City of Columbia Heights
Zoning and Development Ordinance - Section 6
Page 6-6
5)
k) The following home activities shall be prohibited as home occupations:
i)
ii)
iii)
iv)
v)
The operation of any wholesale or retail business unless it is
conducted entirely by mail and does not involve the sale, shipment
or delivery of merchandise on the premises. The sale of products
incidental to the delivery of a service is allowed.
Any manufacturing, welding, machine shop or similar use.
Motor vehicle repair, either major or minor.
The sale, lease, trade or transfer of firearms or ammunition.
Headquarters or dispatch centers where persons come to the site
and are dispatched to other locations.
1)
All home occupations shall be subject to a one-time registration with the
City, on a form as required by the Zoning Administrator and with a fee as
determined by the City Council.
Private swimming pools and courts. All private swimming pools, tennis courts,
ball courts and other private recreational facilities are subject to the following
standards:
a) The facility is not operated as a business or private club.
b) The facility is not located within any required front or side yard.
c) The facility is set back at least five (5) feet from any property line,
including any walks, paved areas or related structures or equipment.
For swimming pools, the pool itself, the rear yard, or the entire property
shall be enclosed by a non-climbable wall, fence or combination thereof at
least six (6) feet in height, with a self-closing gate capable of being
secured with a lock so as to prevent uncontrolled access by children. If
the only access is through a principal or accessory structure, such point of
access shall be lockable. In the case of aboveground pools, pool sides that
are vertical may contribute to the required fencing, provided all points of
access are controlled to prevent access by children, including the removal
of all ladders or stairs whenever the pool is not in use.
For in-ground swimming pools, the pool is set back at least six (6) feet
from the principal structure or any frost footing.
f) Lighting shall be so oriented so as not to cast light on adjacent properties.
g) The facility shall not be located within any drainage or utility easement.
City of Columbia Heights
Zoning and Development Ordinance - Section 6
Page 6-7
6)
7)
9.604
1)
2)
h)
i)
Any accessory mechanical apparatus shall be located at least thirty (30)
feet from any residential structure on an adjacent lot.
All swimming pools containing more than three thousand (3,000) gallons
or with a depth in excess of forty-two (42) inches (3.5 feet) shall require a
building permit from the City.
Trash Handling Equipment. For all uses other than one and two family dwellings,
trash and/or recycling collection areas shall be enclosed on at least three sides by
an opaque screening wall or fence no less than six (6) feet in height. The open
side of the enclosure shall not face any public street or the front yard of any
adjacent property.
Mechanical Equipment. Mechanical equipment, other than that accessory to one
and two family dwellings, shall be placed and/or screened so as to minimize the
visual impact on adjacent properties and from public streets. Screening may be
accomplished through the use of walls or other design features that are
architecturally compatible with the principal structure, screening vegetation,
integrated parapet walls of sufficient height, or other means as approved by the
Zoning Administrator.
Dwellings.
General Requirements. The following standards shall apply to all dwelling units
within the City:
All single family dwelling units shall be a minimum of twenty (20) feet
wide at the narrowest point.
b)
No accessory building or recreational vehicle shall be used at any time as
a dwelling unit.
c)
No basement dwelling (basements without upper floors) shall be used at
any time as a dwelling unit.
No more than three (3) unrelated adults shall be tenants in any single
dwelling unit.
Floor Area Requirements. The following floor area requirements shall apply to
all dwelling units within the City:
One-story dwellings shall have a minimum floor area of 1,020 square feet,
plus 120 square feet for each additional bedroom over three. The floor
area may be reduced to 960 square feet if the lot size is 6,500 square feet
or less.
City of Columbia Heights
Zoning and Development Ordinance - Section 6
Page 6-8
b)
c)
d)
e)
t)
g)
h)
i)
One and one-half and two story dwellings shall have a minimum floor area
of 960 square feet on the main floor, plus 120 square feet for each
additional bedroom over two.
Split-level dwellings shall have a minimum floor area of 1,020 square feet,
plus 120 square feet for each additional bedroom over three. The floor
area may be reduced to 960 square feet if the lot is 6,500 square feet or
less.
Split entry dwellings shall have a minimum floor area of 1,020 square feet,
plus 120 square feet for each additional bedroom over three. The floor
area may be reduced to 960 square feet if the lot is 6,500 square feet or
less.
Two family dwellings (duplexes) and town homes shall have a minimum
floor area of 750 square feet per unit, plus 120 square feet for each
additional bedroom over two.
Efficiency apartments shall have a minimum floor area of 400 square feet
per unit.
One-bedroom apamnents shall have a minimum floor area of 600 square
feet per unit.
Two bedroom apartments shall have a minimum floor area of 720 square
feet per unit.
Apartments with more than two bedrooms shall have a minimum floor
area of 720 square feet per unit, plus 120 square feet for each additional
bedroom over two.
9.605
1)
Fences.
General Requirements. The following standards shall apply to all fences.
Fences may be constructed, placed or maintained in any yard or adjacent
to a lot line in accordance with the requirements of this Section.
b)
The owner of the property upon which the fence is located shall be
responsible for locating all property lines prior to constructing said fence.
c)
All fence posts and supporting members shall be placed within the
property lines of the property on which the fence is located.
City of Columbia Heights
Zoning and Development Ordinance - Section 6
Page 6-9
2)
3)
d)
All fences shall be situated so that they can be maintained from within the
property boundaries of the property on which they are located.
e)
All fences shall be constructed so that the finished side or more attractive
side of the fence faces the adjacent property or the public right-of-way.
f)
All fences shall be constructed of durable, weather-treated and rustproofed
materials.
g) All fences shall be maintained and kept in good condition.
h)
Fence height shall be measured from the average grade to the top of the
fence. In situations where a grade separation exists at the property line,
the height of the fence shall be based on the measurement from the
average point between the highest and lowest grade.
i)
Fences exceeding six (6) feet in height shall require a building permit from
the City.
Residential Fences. The following standards shall apply to all fences constructed
in any residential zoning district or directly adjacent to any residential zoning
district.
a)
No fence shall exceed seven (7) feet in height. Fences exceeding seven
(7) feet in height shall be deemed structures.
b)
A fence extending across or into the required front yard setback shall not
exceed forty-two (42) inches (3.5 feet) in height; however, fences that are
less than 50% opaque may be up to forty-eight (48) inches (4 feet) in
height.
c)
Fences exceeding six (6) feet in height shall require a building permit from
the City.
Non-Residential Fences. The following standards shall apply to all fences
constructed in any commercial or industrial zoning district.
No fence shall exceed eight (8) feet in height. Fences exceeding seven
(7) feet in height shall be deemed structures.
b)
A fence extending across or into the required front yard setback shall not
exceed four (4) feet in height; however, fences that are less than 50%
opaque may be up to forty-eight (48) inches (4 feet) in height.
c)
A fence required to screen a commercial or industrial use from an adjacent
residential use shall not exceed eight (8) feet in height or be less six (6)
feet in height. In addition, said screening fence shall be no less than 80%
opaque on a year round basis.
City of Columbia Heights
Zoning and Development Ordinance - Section 6
Page 6-10
9.606
2)
3)
Fencing of Play Areas. For parks and playgrounds, either public or private and
located adjacent to a public right-of-way or railroad right-of-way, a landscaped
yard area no less than thirty (30) feet in width, or a fence no less than four (4) feet
in height, shall be installed between the facility and the right-of-way.
Essential Services.
Purpose. The purpose of this section is to provide for the installation of essential
services in a manner that does not adversely affect the public health, safety or
welfare.
Essential Services Allowed by Permit. The following essential services, when
installed in any location in the City and installed primarily for the use of City
residents, shall only require a permit from the City Engineer:
a) All communication lines.
b)
Underground electrical transmission lines, overhead utility lines and
electrical transmission lines intended to serve properties within the City.
c) Pipelines for distribution to individual properties within the City.
d) Substations with less than 33 KV.
e)
Radio receivers and transmitters accessory to an essential service, when
placed on an existing utility pole, tower or light standard.
Essential Services Requiring Conditional Use Permit: The following essential
services, when installed in any location in the City and not primarily for the use of
City residents, shall require a conditional use permit in accordance with the
provisions of Section 4:
All overhead and underground transmission lines not required for the local
distribution network.
b) All transmission pipelines.
c) Substations in excess of 33 KV.
Any pole or tower used exclusively for the placement of radio receivers or
transmitters accessory to an essential service.
e)
Any essential service of which 75 % percent of the service provided or
produced is not intended to serve properties within the City.
City of Columbia Heights
Zoning and Development Ordinance - Section 6
Page 6-11
9.607
l)
Any essential service requiring a structure that exceeds the maximum
height for the zoning district in which it is located.
g)
Any essential service requiting easements other than easements granted to
the public.
Temporary Uses and Structures.
Temporary Uses and Structures Permitted. The following temporary uses and
structures shall be permitted in all zoning districts unless specified otherwise,
provided such use or structure complies with the regulations of the zoning district
in which it is located and all other applicable provisions of this Ordinance:
Garage sales. Residential garage sales shall be limited to a total of twelve
(12) days of operation per calendar year at any residential location.
Construction sites. Storage of building materials and equipment or
temporary building for construction purposes may be located on the site
under construction for the duration of the construction.
c)
Amusement events. Temporary amusement events, including the
placement of tents for such events, may be allowed as a temporary use for
a maximum of fifteen (15) days per calendar year. In residential districts,
such temporary amusements shall be located on public or semi-public
property only.
d)
Promotional activities. Promotional activities involving the outdoor sale
or display of merchandise may be allowed as a temporary use in non-
residential districts for a maximum of thirty (30) days per calendar year.
e)
Seasonal agricultural sales. The seasonal outdoor sale of agricultural
products, including but not limited to produce, plants and Christmas trees,
may be allowed as a conditional use (temporary in nature) for a maximum
of 90 days per calendar year, provided such use does not utilize public
tight-of-way or public property for the sale or display of such items.
Other temporary uses. In addition to the temporary uses and structures
listed above, the Zoning Administrator may allow other temporary uses
and structures for a maximum of 15 days per calendar year, provided the
said use or structure is substantially similar to the uses and structures listed
herein.
9.608 Performance Standards.
City of Columbia Heights
Zoning and Development Ordinance - Section 6
Page 6-12
(1)
(2)
3)
4)
5)
6)
8)
lO)
Purpose. These performance standards are established to minimize conflict
between land uses, to preserve the use and enjoyment of property, and to protect
the public health, safety and welfare. These standards shall apply to all uses of
land and structures, and are in addition to any requirements applying to specific
zoning districts.
In General. No use or structure shall be operated or occupied so as to constitute a
dangerous, injurious or noxious condition because of noise, odors, glare, hear,
vibration, air emissions, electromagnetic disturbance, fire, explosion or other
hazard, water or soil pollution, liquid or solid waste disposal, or any other
substance or condition. No use or structure shall unreasonably interfere with the
use or enjoyment of property by any person of normal sensitivities. In addition,
no use or structure shall be operated or occupied in a manner not in compliance
with any performance standard contained in this Ordinance or any other
applicable regulation.
Noise. All uses shall comply with the standards governing noise as adopted and
enforced by the Minnesota Pollution Control Agency.
Odor Emissions. All uses shall comply with the standards governing the odor
emissions as adopted and enforced by the Minnesota Pollution Control Agency.
Vibration. Uses producing vibration shall be conducted in such a manner as to
make the vibration completely imperceptible from any point along the property
line. In addition, all uses shall comply with the standards governing vibrations as
adopted and enforced by the Minnesota Pollution Control Agency.
~4ir Emissions. All uses shall comply with the standards governing air emissions
as adopted and enforced by the Minnesota Pollution Control Agency.
Glare and Heat. Uses producing glare or heat shall be conducted within a
completely enclosed building in such a manner as to make such glare and heat
completely imperceptible from any point along the property line. In addition, all
uses shall comply with the standards governing glare and heat as adopted and
enforced by the Minnesota Pollution Control Agency.
Radiation and Electrical Emissions. All uses shall comply with the standards
governing radiation and electrical emissions as adopted and enforced by the
Minnesota Pollution Control Agency.
Waste Material. All uses shall comply with the standards governing waste
disposal as adopted and enforced by the Minnesota Pollution Control Agency.
Explosive and Flammable Materials. All uses involving the manufacture, storage
or use of explosive or flammable materials shall comply with all applicable
City of Columbia Heights
Zoning and Development Ordinance - Section 6
Page 6-13
regulations, including, but not limited to, the Minnesota Building Code and the
Uniform Fire Code, and shall meet the following requirements:
All uses involving the manufacture, storage or use of explosive or
flammable materials shall employ best management practices and the
provision of adequate safety devices to guard against the hazards of fire
and explosion, and adequate fire-fighting and fire-suppression devices
standard in the industry.
b)
The manufacture or storage of any explosive or blasting agent, as defined
in the Uniform Fire Code, shall be prohibited in all districts except the I-2,
General Industrial District.
c)
The storage of any flammable liquid shall be subject to the requirements
established by the Uniform Fire Code and shall be reviewed by the State
Fire Marshal.
ID Hazardous Materials. All uses shall comply with the standards governing
hazardous waste as adopted and enforced by the Minnesota Pollution Control
Agency.
9.609 Storm Water Management.
9.609 (1) Purpose. The purpose of this Section is to promote, preserve and enhance the
natural resources within the City and protect them from adverse effects occasioned by
poorly sited development or incompatible activities by regulating land alterations or
development activities that would have an adverse and potentially irreversible impact on
water quality and unique and fragile environmentally sensitive land; by minimizing
conflicts and encouraging compatibility between land alterations and development
activities and water quality and environmentally sensitive lands; and by requiring detailed
review standards and procedures for land alterations or development activities proposed
for such areas, thereby achieving a balance between urban growth and development and
protection of water quality and natural areas.
9.609 (2) Definitions. For the purposes of this Section, the following terms, phrases,
words, and their derivatives shall have the meaning stated below. When not inconsistent
with the context, words used in the present tense include the future tense, words in the
plural number include the singular number, and words in the singular number include the
plural number. The word "shall" is always mandatory and not merely directive.
Applicant- any person who wishes to obtain a building permit, preliminary plat
approval or an excavation permit.
Control Measure - a practice or combination of practices to control erosion and
attendant pollution.
City of Columbia Heights
Zoning and Development Ordinance - Section 6
Page 6-14
Detention Facili~_ - a permanent natural or man-made structure, including
wetlands, for the temporary storage of runoff which contains a permanent pool of
water.
Excavation Activities - any excavation or filling activity as regulated by Section
9.610 of this Code.
Flood Fringe - the portion of the floodplain outside of the floodway.
Floodplain - the areas adjoining a watercourse or water basin that have been or
may be covered by a regional flood.
FloodwaF - the channel of the watercourse, the bed of water basins, and those
portions of the adjoining floodplain that are reasonably required to carry and
discharge floodwater and provide water storage during a regional flood.
Hvdric Soils - soils that are saturated, flooded, or ponded long enough during the
growing season to develop anaerobic conditions in the upper part.
HvdrophYtic Vegetation - macrophytic plantlife growing in water, soil or on a
substrate that is at least periodically deficient in oxygen as a result of excessive
water content.
Land Alteration - any change of the land surface including, but not limited to,
removing vegetative cover, excavating, filling, grading, and the construction of
utilities, roadways, parking areas and structures.
Person - any individual, firm, corporation, partnership, franchisee, association or
governmental entity.
Public Waters -waters of the state as defined in Minnesota Statutes Section
103G.005, subdivision 15.
Reeional Flood- a flood that is representative of large floods known to have
occurred generally in the state and reasonably characteristic of what can be
expected to occur on an average frequency in the magnitude of a 100-year
recurrence interval.
Retention Facili~_ - a pennanent natural or man-made structure that provides for
the storage of storm water runoffby means ora permanent pool of water.
Sediment- solid matter carried by water, sewage, or other liquids.
Structure - any manufactured, constructed or erected building including portable
structures and earthen structures.
City of Columbia Heights
Zoning and Development Ordinance - Section 6
Page 6-15
Wetlands - lands transitional between terrestrial and aquatic systems where the
water table is usually at or near the surface or the land is covered by shallow
water. For purposes of this definition, wetlands must have the following
attributes:
a. Have a predominance ofhydric soils;
bo
Are inundated or saturated by surface or ground water at a frequency and
duration sufficient to support a prevalence of hydrophytic vegetation
typically adapted for life in saturated soil conditions; and
c. Under normal circumstances support a prevalence of such vegetation.
9.609 (3) Scope and Effect. Subdivision 1. ApplicabiliW. This section shall apply to
any land alteration requiring any of the following permits or approvals:
a building permit for new multiple family residential (three or more
attached dwelling units), commercial, industrial, or institutional
development;
b. a preliminary plat;
c. land alteration permit as regulated by Section 9.610 of this Code;
A building permit for a single family or two family residential dwelling
except that only Section 9.609(6) Subd. 3-7 of this ordinance shall apply;
or
e. public improvement projects
No building permit, preliminary plat, excavation permit or public improvement
project shall be approved until approval of a storm water management plan has
been obtained in strict conformance with the provisions of this Section.
Subd. 2. Exemptions. The provisions of this Section do not apply to:
ao
Construction of a single family or two family dwelling or any structure or
land alteration accessory thereto except that the provisions of Section
9.609(6), Subd. 3-7 shall apply;
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Any currently valid building permit, preliminary plat, excavation permit,
or public improvement project approved prior to the effective date of this
ordinance;
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Construction of agricultural structures or land alterations associated with
agricultural uses unless an excavation permit is required by Section 9.610;
City of Columbia Heights
Zoning and Development Ordinance - Section 6
Page 6-16
Installation of a fence, sign, telephone, and electric poles and other kinds
of posts or poles; or
e. Emergency work to protect life, limb, or property.
9.609 (4) Submission Requirements - Storm Water Management Plan. Subdivision
1. Storm Water Manal!ement Plan. A Storm Water Management Plan shall be
submitted with all permit applications identified in Section 9.609(3), Subd. 1. T~vo sets
of clearly legible blue or black lined copies of drawings and required information shall be
submitted. Drawings shall be prepared to a scale appropriate to the site of the project and
suitable for the review to be performed. At a minimum the scale shall be 1 inch equals
100 feet. The storm water management plan shall contain the following information,
which may be combined into one or more drawings or may be combined with submission
requirements of other permits or approvals.
Existing Site Map A map of existing site conditions showing the site and
immediately adjacent areas, including:
The name and address of the applicant, the section, township and
range, north point, date and scale of drawing and number of sheets;
Location of the tract by an insert map at a scale sufficient to clearly
identify the location of the property and giving such information as
the names and numbers of adjoining roads, railroads, utilities,
subdivision, towns and districts or other landmarks;
o
Existing topography with a contour interval appropriate to the
topography of the land but in no case having a contour interval
greater than 2 feet;
A delineation of all streams, rivers, public waters and wetlands
located on and immediately adjacent to the site, including any
classification given to the water body or wetland by the Minnesota
Department of Natural Resources, the Minnesota Pollution Control
Agency and/or the United States Army Corps of Engineers;
Location and dimensions of existing storm w;~ter drainage systems
and natural drainage patterns on and immediately adjacent to the
site delineating in which direction and at what rate storm water is
conveyed from the site, identifying the receiving stream, river,
public water, or wetland, and setting forth those areas of the
unaltered site where storm water collects;
A description of the soils of the site, including a map indicating
soil types of areas of critical erosion to be disturbed as well as a
soil report containing information on the suitability of the soils for
City of Columbia Heights
Zoning and Development Ordinance - Section 6
Page 6-17
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the type of development proposed and describing any remedial
steps to be taken by the developer to render the soils suitable;
Vegetative cover and clearly delineating any vegetation proposed
for removal; and
8. 100 year floodplain, flood fringes and floodways.
Site Construction Plan A site construction plan including;
Locations and dimensions of all proposed land disturbing activities
and any phasing of those activities;
2. Locations and dimensions of all temporary soils or dirt stockpiles;
Locations and dimensions of all construction site erosion control
measures necessary to meet the requirements of this ordinance;
Schedule of anticipated starting and completion date of each land
disturbing activity including the installation of construction site
erosion control measures needed to meet the requirements of this
ordinance; and
Provisions for maintenance of the construction site erosion control
measures during construction.
Plan of Final Site Conditions A plan of final state conditions on the
same scale as the existing site map showing the site changes including:
Finished grading shown at contours at the same interval as
provided above or as required to clearly indicate the relationship of
proposed changes to existing topography and remaining features;
o
A landscape plan, drawn to an appropriate scale, including
dimensions and distances and the location, type, size and
description of all proposed landscape materials which will be
added to the site as part of the development;
o
A drainage plan of the developed site delineating in which
direction and at what rate storm water will be conveyed from the
site and setting forth the areas of the site where storm water will be
allowed to collect;
The proposed size, alignment and intended use of any structures to
be erected on the site;
City of Columbia Heights
Zoning and Development Ordinance - Section 6
Page 6-18
A clear delineation and tabulation of all areas which shall be paved
or surfaced, including a description of the surfacing material to be
used; and
Any other information pertinent to the particular project which in
the opinion of the applicant is necessary for the review of the
project.
9.609 (5) Plan Review Procedure. Subdivision 1. Process. Storm water management
plans meeting the requirements of Section 9.609(4) shall be reviewed by the Engineering
Division in accordance with the standards of Section 9.609(6). The Director of Public
Works, or designee, shall approve, approve with conditions, or deny the storm water
management plan.
Subd. 2. Duration. A storm water plan approved in accordance with this Section
shall become void if the corresponding building permit, excavation permit,
preliminary plat, or public improvement project expires or becomes invalid.
Subd. 3. Conditions. A storm water management plan may be approved subject
to compliance with conditions reasonable and necessary to insure that the
requirements contained in this ordinance are met. Such conditions may, among
other matters, limit the size, kind or character of the proposed development,
require the construction of structures, drainage facilities, storage basins and other
facilities, require replacement of vegetation, establish required monitoring
procedures, stage the work over time, require alteration of the site design to insure
buffering, and require the conveyance for storm water management purposes to
the City or other public entity of certain lands or interests therein.
Subd. 4. Letter of Credit. Prior to approval of any storm water management
plan, the applicant shall submit a letter of credit or cash escrow to cover the
estimated cost of site restoration. The letter of credit or cash escrow mount shall
be based on $10,000 per acre of gross lot area with $5,000 minimum.
Subd. 5. Amendment. A storm water management plan may be revised in the
same manner as originally approved.
9.609 (6) Approval Standards. No storm water management plan which fails to meet
the standards contained in this section shall be approved by the City.
Subdivision 1. General Criteria for Storm Water Management Plans
An applicant shall install or construct all storm water management
facilities necessary to manage increased runoff so that the two, ten, and
hundred year storm peak discharge rates existing before the proposed land
alteration shall not be increased and accelerated. Channel erosion shall
City of Columbia Heights
Zoning and Development Ordinance - Section 6
Page 6-19
not occur as a result of the proposed land disturbing or development
activity.
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The applicant shall give consideration to reducing the need for storm
water management facilities by incorporating the use of natural
topography and land cover such as wetlands, ponds, natural swales and
depressions as they exist before development to the degree that they can
accommodate the additional flow of water without compromising the
integrity or quality of the wetland or pond.
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The following storm water management practices shall be investigated in
developing a storm water management plan in the following descending
order of preference:
Infiltration of runoff on-site, if suitable soil conditions are
available for use;
Flow attenuation by use of open vegetated swales and natural
depressions;
3. Storm water retention facilities; and
4. Storm water detention facilities.
A combination of successive practices may be used to achieve the
applicable minimum control requirements specified in subsection (a)
above. Justification shall be provided by the applicant for the method
selected.
Subd. 2. Storm Water Retention: Criteria. Land alterations involving one (1)
acre or more of total impervious surface area (existing and proposed) shall require
on-site storm water retention facilities designed according to the most current
technology as reflected in the MPCA publication ,Protecting Water Quality in
Urban Areas", and shall contain, at a minimum, the following design factors:
A permanent pond surface area equal to two percent of the
impervious area draining to the pond or one percent of the entire
area draining to the pond, whichever amount is greater,
b. An average permanent pool depth of four to ten feet;
c. A permanent pool length-to-width ratio of 3:1 or greater;
do
A minimum protective shelf extending ten feet into the permanent
pool with a slope of 10:1 beyond which slopes should not exceed
3:1:
City of Columbia Heights
Zoning and Development Ordinance - Section 6
Page 6-20
A protective buffer strip of vegetation surrounding the permanent
pool at a minimum width of 10 feet;
All storm water retention facilities shall have a device to keep oil,
grease, and other floatable material from moving downstream as a
result of normal operations;
Storm water retention facilities for new development must be
sufficient to limit peak flows in each subwatershed to those that
existed before the development for the two, ten, and hundred year
storm event. All calculations and hydrologic models/information
used in determining peak flows shall be submitted along with the
storm water management plan;
ho
All storm water retention facilities must have a means to remove
coarse-grained particles prior to discharge into a watercourse or
storage basin.
An extended detention basin, existing wetland when in
conformance with Section 9.609(6), Subd. 3, or other storm water
management facility may be used in place of a retention pond
when a permanent pool of water is not desired with respect to
public safety, character of surrounding development, and aesthetics
as determined by the Director of Public Works.
Subd. 3. Site Dewatering. Water pumped from the site shall be treated by
temporary sedimentation basins, grit chambers, sand filters, upflow chambers,
hydro-cyclones, swirl concentrators or other appropriate controls as appropriate.
Water may not be discharged in a manner that causes erosion or flooding of the
site, receiving channels or wetlands.
Subd. 4. Waste and Material Disposal. All waste and unused building materials
(including garbage, debris, cleaning wastes, wastewater, toxic materials or
hazardous materials) shall be properly disposed of off-site and not allowed to be
carried by runoff into a receiving channel or storm sewer system.
Subd. 5. Tracking. Each site shall have graveled roads, access drives and
parking areas of sufficient width and length to prevent sediment from being
tracked onto public or private roadways. Any sediment reaching a public or
private road shall be removed by street cleaning (not flushing) before the end of
each workday.
Subd. 6. Drain Inlet Protection. All storm drain inlets shall be protected during
construction until control measures are in place with a straw bale, silt fence or
City of Columbia Heights
Zoning and Development Ordinance - Section 6
Page 6-21
equivalent barrier meeting accepted design criteria, standards and specifications
contained in the MPCA publication "Protecting Water Quality in Urban Areas."
Subd. 7. Site Erosion Control. The following criteria (a. through d.) apply only
to construction activities that result in runoff leaving the site.
Channelized runoff from adjacent areas passing through the site
shall be diverted around disturbed areas, if practical. Otherwise,
the channel shall be protected as described below. Sheetflow
runoff from adjacent areas greater than 10,000 square feet in area
shall also be diverted around disturbed areas, unless shown to have
resultant runoff rates of less than 0.5ft./sec. across the disturbed
area for the one-year storm. Diverted runoff shall be conveyed in a
manner that will not erode the conveyance and receiving channels.
All activities on the site shall be conducted in a logical sequence to
minimize the area of bare soil exposed at any one time.
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Runoff from the entire disturbed area on the site shall be controlled
by meeting either subsections 1 and 2, or subsections 1 and 3.
All disturbed ground left inactive for fourteen or more days
shall be stabilized by seeding or sodding (only available
prior to September 15) or by mulching or covering or other
equivalent control measure.
For sites with more than ten acres disturbed at one time, or
if a channel originates in the disturbed area, one or more
temporary or permanent sedimentation basins shall be
constructed. Each sedimentation basin shall have a surface
area of at least one- percent of the area draining to the basin
and at least three feet of depth and constructed in
accordance with accepted design specifications. Sediment
shall be removed to maintain a depth of three feet. The
basin discharge rate shall also be sufficiently low as to not
cause erosion along the discharge channel or the receiving
water.
o
For sites with less than ten acres disturbed at one time, silt
fences, straw bales, or equivalent control measures shall be
placed along all sideslope and downslope sides of the site.
If a channel or area of concentrated runoff passes through
the site, silt fences shall be placed along the channel edges
to reduce sediment reaching the channel. The use of silt
fences, straw bales, or equivalent control measures must
include a maintenance and inspection schedule.
City of Columbia Heights
Zoning and Development Ordinance - Section 6
Page 6-22
Any soil or dirt storage piles containing more than ten cubic yards
of material should not be located with a downslope drainage length
of less than 25 feet fi.om the toe of the pile to a roadway or
drainage channel. If remaining for more than seven days, they
shall be stabilized by mulching, vegetative cover, tarps or other
means. Erosion fi.om piles which will be in existence for less than
seven days shall be controlled by placing straw bales or silt fence
barriers around the pile. In-street utility repair or construction soil
or dirt storage piles located closer than 25 feet of a roadway of
drainage channel must be covered with tarps or suitable alternative
control, if exposed for more than seven days, and the storm drain
inlets must be protected with straw, bale or other appropriate
filtering barriers.
Subd. 8. Wetlands. Existing wetlands may be used for storm water management
purposes provided the following criteria are met:
ao
The wetland shall not be classified as a Group I or II water within
the City Water Resource Management Plan.
bo
A protective buffer strip of natural vegetation at least 10 feet in
width shall surround all wetlands.
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A sediment trapping device or area that is designed to trap
sediments 0.5 millimeters in size or greater wit a trap volume size
based upon a prescribed maintenance schedule shall be installed
prior to discharge of storm water into the wetlands.
The natural outlet control elevation of the wetlands if it is not a
DNR public water, shall not be changed except when either i) the
outlet is intended to restore the wetland to its original elevation, ii)
the wetland basin is landlocked and the artificial outlet control is
placed no lower than 1.5 feet below the ordinary high water mark,
iii) the proposed level control is identified in the City Water
Resource Management Plan, or iv) the level change is approved by
a technical evaluation panel convened pursuant to the state
Wetland Conservation Act of 1991 (WCA).
eo
The water fluctuation fi.om storm water shall not be increased over
what occurs naturally, except as provided in (d.iii) above.
f. The wetland shall not be a protected fen.
Wetlands shall not be drained or filled, wholly or partially, unless
replaced by restoring or creating wetland areas in accordance with
City of Columbia Heights
Zoning and Development Ordinance - Section 6
Page 6-23
the WCA. When wetland replacement is required, it shall be
guided by the following principles in descending order of priority:
Avoiding the direct or indirect impact of the activity that
may destroy or diminish the wetland;
Minimizing the impact by limiting the degree or magnitude
of the wetland activity and its implementation;
Rectifying the impact by repairing, rehabilitating, or
restoring the affected wetland environment;
Reducing or eliminating the impact over time by
preservation and maintenance operations during the life of
the activity; and
Compensating for the impact by replacing or providing
substitute wetland resources or environments.
ho
If the wetland is a DNR public water, all necessary permits from
the DNR shall be obtained.
Subd. 9. Models/Methodologies/Computations. Hydrologic models and design
methodologies used for the determination of runoff and analysis of storm water
management structures shall be approved by the Director of Public Works. Plans,
specifications and computations for storm water management facilities submitted
for review shall be sealed and signed by a registered professional engineer. All
computations shall appear on the plans submitted for review, unless otherwise
approved by the Director of Public Works.
Subd. 10. Watershed Management Plans/Groundwater Management Plans.
Storm water management plans shall be consistent with adopted watershed
management plans and groundwater management plans prepared in accordance
with Minnesota Statutes Section 103B.231 and 103B.255, respectively, and as
approved by the Minnesota Board of Water and Soil Resources in accordance
with the state law.
9.609 (7) Storm Water Management Fee. Subdivision 1. When Required. In lieu of
the storm water management facilities required in Section 9.609(6) the City may allow an
applicant to make a monetary contribution to the development and maintenance of
community storm water management facilities designed to serve multiple land disturbing
and development activities when consistent with the City's Water Resource Management
Plan.
Subd. 2. Calculation of Fee. The amount of monetary contribution shall be
based on $0.25 per square foot of total impervious surface area (existing and
City of Columbia Heights
Zoning and Development Ordinance - Section 6
Page 6-24
proposed) on the subject property. For preliminary plats, an estimated impervious
coverage per lot, subject to the approval of the Director of Public Works, shall be
included in the total impervious Surface are~ calculation.
Subd. 3. Payment of Fee. Payment of a monetary contribution shall occur as
follows:
a. Building Permit - upon issuance of building permit.
b. Excavation Permit - upon issuance of excavation permit.
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Preliminary Plat - upon approval of final plat or commencement of land
alteration, whichever occurs first.
9.609 (8) Inspection and Maintenance. Subdivision 1. All storm water management
facilities shall be designed to minimize the need of maintenance, to provide access for
maintenance purposes, and to be structurally sound. In addition, the following
maintenance standards shall apply:
All storm water detention periods shall be maintained to ensure continued
effective removal of pollutants from storm water runoff. In addition, upon
50% of the pond's original design volume being filled with sediment, the
sediment shall be removed and the pond restored to its original design.
The Director of Public Works, or designated representative, shall inspect
all storm water management facilities during construction, during the first
year of operation and at least once every five years thereafter.
The applicant shall provide all necessary easements upon the subject
property for inspection and maintenance purposes of storm water
management facilities as determined by the Director of Public Works.
Storm water management facilities serving a single-family residential area
or subdivision, but more than one single-family lot, shall be maintained by
the City. The cost incurred by the City for maintenance of said facilities
shall be assessed, levied through a special storm water taxing district
against the properties contributing storm water runoffto or through the
facility, or by the City's Storm water Utility.
Storm water management facilities serving a multiple family residential
building or development; a commercial, industrial or institutional building
or development; or an individual parcel shall be maintained by the
property owner on which the facility is located unless it is determined by
the Director of Public Works that it is in the best interests of the City for
the City to maintain such facilities. If the City is to maintain the storm
City of Columbia Heights
Zoning and Development Ordinance - Section 6
Page 6-25
water management facilities, the cost incurred by the City for the
maintenance may be assessed or levied as described in ~4 above.
9.609 (9) Pertain. Any person, finn or corporation violating any provision of this
Section shall be fined not less than deemed committed on each day during or on which a
violation occurs or continues.
9.609 (10) Other Controls. In the event of any conflict between the provisions of this
Section and the provisions of the City Code, the more restrictive standard prevails.
9.609 (11) Severability_. The provisions of this ordinance are severable. If any
provision of this Section or the application thereof to any person or circumstance is held
invalid, such invalidity shall not affect other provisions or applications of this ordinance
which can be given effect without the invalid provision or application.
9.610 Land Alterations.
1)
Purpose. The purpose of this section is to manage land alterations within the City
and provide for the review and approval of proposed grades prior to land
alteration activities.
2)
In General No person, finn or corporation may engage in any excavation,
grading or filling of any land in the City without first having secured a permit
from the City Engineer in accordance with this Section.
3)
Exemption. The removal of material for the purpose of constructing a basement
or placement of footings are exempt from the provisions of this section, provided
a grading plan was submitted and approved as part of the review and approval
process. Grading of new subdivisions or developments is also exempt from the
provisions of this Section, provided a grading plan was submitted and approved as
part of the review and approval process.
4)
Land Alteration Permit Required. A land alteration permit from the City
Engineer is required for any of the following activities:
Placement, removal or grading of more than ten (10) cubic yards of
earthen material on steep slopes adjacent to a lake or wetland, or within
the shore or bluff impact zone of a lake or wetland.
b)
Placement, removal or grading of more than fifty (50) cubic yards of
earthen material anywhere in the City.
c)
Placement, removal or grading of earthen material within ten (10) feet of
any property line or when such activity alters the drainage patterns of
adjacent property.
City of Columbia Heights
Zoning and Development Ordinance - Section 6
Page 6-26
5)
6)
Conditional Use Permit Required. A conditional use permit is required for any of
the following activities:
a)
b)
c)
d)
Placement, removal or grading of more than 500 cubic yards of earthen
material on developed property zoned R-1 or R-2.
Placement, removal or grading of more than 1,000 cubic yards of earthen
material on undeveloped property zoned R-1 or R-2.
Placement, removal or grading of more than 1,500 cubic yards of earthen
material on property zoned R-3, R-4 or LB.
Placement, removal or grading of more than 2,000 cubic yards of earthen
material on property zoned GB, CBD, I-1, I-2, or MXD.
Submittal Requirements. An application for a land alteration permit shall include
the following:
a) A legal description of the land to be altered.
b) The nature of the proposed alteration and future use of the property.
c) The starting date and completion date of the land alteration.
d) The names and addresses of all the owners of all the land to be altered.
e) Scaled plans showing the existing and proposed topography with two (2) foot
contour intervals, and signed by a registered surveyor or engineer in the
State of Minnesota.
0 A scaled plan showing existing and proposed vegetation and ground cover.
g) An erosion and sedimentation control plan.
9.611
l)
2)
3)
Exterior Lighting.
In General. No use shall be operated or occupied so as to create light or glare in
such an amount or to such a degree of intensity as to constitute a hazardous
condition or a public nuisance. Lighting shall not create a sense of brightness that
is substantially greater than the ambient lighting conditions so as to cause
annoyance, discomfort, decreased visibility or a hazard for vehicular or pedestrian
traffic.
Lighting Fixtures. Lighting fixtures shall be of a downcast with flat lens, cut-off
type that conceals the light source from view and prevents light from shining on
adjacent property. At no time should a fixture be aimed and/or tilted above a
horizontal plane in commercial or industrial districts.
Lighting Intensity. Lighting shall not directly or indirectly cause illumination or
glare in excess of one-half foot-candle as measured at the closest residential
property line and three (3) foot-candles as measured at the closest street curb line
or non-residential property line. Lighting shall be maintained stationary and
City of Columbia Heights
Zoning and Development Ordinance - Section 6
Page 6-27
4)
5)
6)
constant in intensity and color, and shall not be of a flashing, moving or
intermittent type.
Submission. Detailed plans showing fixture type, wattage, light source, location
and elevation along with site point by point showing footcandles must be
submitted.
Lighting of Buildings. Lighting of building fagades or roofs shall be located,
aimed and shielded so that the light is directed only onto the fagade or roof.
Exceptions. The following uses are exempt from the provisions of this section:
a) Publicly controlled or maintained street lighting, warning lights,
emergency lights, or traffic signals.
b)
Athletic fields and other outdoor recreational facilities serving or operated
by an institutional or public use that is operated in accordance with all
other applicable provisions of this Chapter.
9.612
l)
2)
3)
4)
Off-street Parking and Loading.
Purpose. The purpose of off-street parking and loading requirements is to
alleviate or prevent congestion of the public right-of-way, to provide for the
parking and loading needs of specific uses, to minimize the incompatibility
between parking and loading areas and adjacent uses, and to regulate the size,
design, maintenance and location of required off-street parking and loading areas.
Change of Use. If the use of a building or site is changed or intensified, parking
and loading facilities shall be provided for the changed or intensified use in
accordance with the provisions of this Section.
Existing Facilities. Existing off-street parking and loading facilities shall not be
reduced below the requirements for a similar new use or, if less than the
requirements for a similar new use, shall not be reduced further.
Use of Facilities. Required parking and loading spaces and driveways providing
access to such spaces shall not be used for storage, display, sales, rental or repair
of motor vehicles or other goods, or for the storage of inoperable vehicles or
snow.
Off-street parking facilities accessory to residential uses shall be utilized solely
for the parking of passenger automobiles and/or one truck not to exceed nine
thousand (9,000) pounds gross capacity for each dwelling unit. Under no
circumstances, shall required parking facilities accessory to residential structures
be used for the storage of commercial vehicles or for the parking of automobiles
City of Columbia Heights
Zoning and Development Ordinance - Section 6
Page 6-28
5)
6)
belonging to the employees, owners, tenants or customers of nearby business or
manufacturing establishments.
Location of Facilities. Required off-street parking spaces in the R-1 and R-2
zoning districts shall be located on the same lot as the principal building.
Required off-street parking and loading facilities in all other zoning districts shall
be located on the same lot or development site as the use served, except as
follows:
Off-site parking for multiple family and institutional uses shall be located
no more than 200 feet fi.om the main entrance of the use being served.
b)
Off-site parking for commercial or industrial uses shall be located no more
than 400 feet from the main entrance of the use being served.
c) Reasonable and improved access shall be provided from the off-site
parking facility to the use being served.
d)
The site used for off-site parking shall be under the same ownership as the
principal use being served or use of the off-site parking facility shall be
protected by a recordable instrument acceptable to the City.
Calculation of Requirements. Calculating the number of parking or loading
required shall be in accordance with the following:
Gross Floor Area. The term "gross floor area" for the purpose of
calculating the number of off-street parking spaces required shall be
determined based on the exterior floor dimensions of the building,
structure or use times the number of floors, minus ten percent.
b)
Places of Public Assembly. In places or worship, stadiums, sports arenas
and other places of public assembly in which patrons or spectators occupy
benches, pews, or other similar seating facilities, each three (3) feet of
such seating facilities shall be counted as one (1) seat for the purpose of
determining requirements for off-street parking facilities under this
Section.
c)
Capaci _ty. In cases where parking requirements are based on capacity of
persons, the capacity shall be based on the maximum number of persons
that may occupy a place, as determined under the Building Code and
posted within the establishment.
d)
Employees. When parking requirements are based on employee counts,
such calculations shall be based on the maximum number of employees on
the premises at any one time.
City of Columbia Heights
Zoning and Development Ordinance - Section 6
Page 6-29
7)
e)
Calculating Space. When calculating the number of off-street parking
spaces required results in fraction, each fraction of one-half (1/2) or more
shall require another space.
Garage or Carport. A garage or carport shall be considered a parking
space. However, a building permit shall not be granted to convert a
garage or carport to living space unless other acceptable provisions are
made to provide the required parking space.
g)
Joint Parking. Except for shopping centers or where a shared parking
arrangement has been approved by the City, the off-street parking
requirements for each use in a multi-use structure or site shall be
calculated separately in determining the total spaces required.
h)
Proof of Parking. In cases where the future potential use of a building
may generate additional parking demand, the City may require a proof of
parking plan for the site that shows how the anticipated parking demand
will be met.
Design and Maintenance of Parking Facilities. Off-street parking facilities are
subject to the following design and maintenance requirements:
Size of Parking Spaces. Each parking space shall be not less than nine (9)
feet wide and twenty (20) feet in length, exclusive of an adequately
designed system of access drives and curbed overhangs. In parking lots
with more than three hundred (300) parking spaces, up to forty (40)
percent of such spaces may be designated and clearly marked as compact
car parking spaces with signage that is reasonably visible year round. A
compact car parking space shall not be less than eight (8) feet wide and
eighteen (18) feet in length, exclusive of the adequately designed system
of access drives.
b)
Access and Circulation. Except for parking accessory to one and two
family dwellings, each required off-street parking space shall have direct
access to an aisle or driveway no less than 24 feet in width and designed to
provide safe and efficient means of vehicular access to and from the
parking space without using public right-of-way for maneuvering.
c)
Surfacing. All off-street parking areas, all driveways leading to such
parking areas and all other areas upon which motor vehicles may be
located shall be surfaced with a dustless all-weather hard surface material.
Acceptable materials include asphalt, concrete, brick, cement pavers or
similar material installed and maintained per industry standards. Crushed
rock shall not be considered an acceptable surfacing material.
City of Columbia Heights
Zoning and Development Ordinance - Section 6
Page 6-30
d)
e)
0
g)
h)
i)
J)
1)
Drainage. Driveways shall not exceed a grade of 6 percent and all parking
lots except those for less than four (4) vehicles shall be graded according
to a drainage plan that has been approved by the City Engineer. Catch
basins, sumps and underground storm sewers may be required.
Curbing. Except for one-, two-, three- and four-family residential uses, all
off-street parking areas, all driveways leading to such parking areas,
landscape islands, and other areas upon which motor vehicles may be
located shall have six (6) inch non-surmountable poured in place concrete
perimeter curbing. In cases where existing circumstances or area practices
make such curbing impractical, the requirement may be waived subject to
submittal and approval of a parking area drainage plan by the City
Engineer.
Lighting. Lighting used to illuminate an off-street parking area shall
comply with the performance requirements of this Section. The height of
parking lot light poles or standards shall be no less than 12 feet and no
more than the maximum height established for structures in the district in
which the lights will be installed.
Setbacks. Parking lots and loading areas shall be subject to the same
setbacks as a structure for the district in which such parking is located.
Signs. No sign shall be located in any parking area except as necessary for
the orderly operation of traffic movement or parking regulation.
Screening. All off-street parking areas containing six (6) or more parking
spaces and located next to a residential use shall be screened with fencing
or landscaping no less than six (6) feet in height that is 80% opaque on a
year round basis.
Landscaping. All setback areas shall be landscaped with grass, vegetation
or other landscape material. The fi'ont yard setback area of all off-street
parking areas containing six (6) or more parking spaces shall have a
vegetative screen no less than 30 inches in height that is 80% opaque on a
year round basis.
Striping. All off-street parking areas containing six (6) or more parking
spaces shall have the parking spaces and aisles clearly painted on the
pavement according to the plan approved by the City.
Maintenance. Parking areas and driveways shall be kept flee of dirt, dust
and debris, and the pavement shall be maintained in good condition. In
winter months, required parking areas for commercial businesses shall be
cleared of snow. Landscaping, lighting, fencing or other features installed
City of Columbia Heights
Zoning and Development Ordinance - Section 6
Page 6-31
8)
9)
in conjunction with parking areas shall also be maintained and kept in
good condition at all times. ~ !
Off-street Parking District. Should the City establish a public off-street parking
district, those uses located within the district shall be exempt fi.om providing off-
street parking spaces as required herein.
Shared Parking. The City Council may approve the use of a required off-street
parking area for more than one principal use on the same or an adjacent site if the
following conditions are met:
a)
Location. The use for which application for shared parking is being made
is located within 300 feet of the use providing the parking facilities.
b)
Nighttime Uses. Up to 50 percent of the off-street parking facilities
required for a bowling alley, nightclub, school auditorium, theatre or
similar nighttime use may be supplied by off-street parking facilities
provided primarily for a daytime use.
c)
Sunday Use. Up to 75 percent of the off-street parking facilities required
for a place of worship or similar Sunday use may be supplied by off-street
parking facilities provided primarily for a daytime use.
d)
Daytime Use. For the purposes of this provision, the following uses are
considered primarily daytime uses: financial institutions, offices, retail
stores, personal service facilities and similar uses.
e)
Contract. A legally binding instrument for the shared use of off-street
parking facilities shall be approved by the City Attorney and filed with the
Anoka County Recorder's Office within 60 days after approval of the
shared parking use.
City of Columbia Heights
Zoning and Development Ordinance - Section 6
Page 6-32
10)
Off-street Parking Requirements. Off-street parking shall be provided
specified in the following table, except as otherwise provided in this Section.
as
Use
Residential Uses
Single-family
Two-family 2
Townhome/Twinhome 2
Multiple-family
One bedroom units 1
Two bedroom or larger units 2
Manufactured Home Park 2
Residential Care Facility 1
Convent/Monastery
Rooming House/Group Living 2
Quarters
Nursing Home 1
Senior Housing/Assisted Living1
Transitional/Emergency Housing1
Bed & Breakfast Home 2
Public/Institutional Uses
Community Center
Drop-in Facility
Golf Course
Government Facility
Religious facilities/Places of
Worship
School - Elementary/Junior High
School - Senior High
School - Vocational or Business
School
Performing/Visual/Martial Arts
Commercial Uses
Retail Sales/Services
Retail Sales, Outdoor
Auditorium/Places of Assembly
Automobile Convenience Facility
Automobile Repair
Minimum Spaces Required
2 per unit, two must be enclosed (garage)
per unit, two must be enclosed (garage)
per unit, two must be enclosed (garage)
per unit, must be enclosed (garage)
per unit, two must be enclosed (garage)
per unit
per employee, plus 1 per every 6 residents
per every 3 beds
per every 3 residents
per every 2 beds
per every 2 units
per employee, plus 1 per every 6 residents
plus 1 per every room rented
Determined by staffbased on parking study
30% of building capacity
5 per hole, plus 30% of capacity of club
house
Based on type of use
1 per every 3.5 seats,
assembly area
capacity of main
10 plus 1 per classroom
10 plus 1 per every 6 students
Determined by staff based on parking study
30% of building capacity
>er 300sf, gross floor area
1 per 1,O00sf of sales/display area
1 per 3.5 seats, based ondesign capacity
6 spaces, plus 1 per 300sf, gross floor area
1 per 300sf, gross floor area,
plus 2 per service bay
City of Columbia Heights
Zoning and Development Ordinance - Section 6
Page 6-33
Automobile Sales/Rental
Banquet Hall
Billiards Hall
Bowling Alley
Car Wash
Clinic, Medical and Dental
Clinic, Veterinary
Club or Lodge
Consignment/Thrift Store
Currency Exchange
Day Care Center
Financial Institution
Food Service, Convenience
Food Service, Limited
Food Service, Full-Service
Funeral Home
Greenhouse/Garden Center
Health/Fitness Club
Hospital
Hotel/Motel
Laboratory, Medical
Liquor Store, Off-sale
Museum/Gallery
Office
Pawnshop
Personal Services
1 per 300sf, gross floor area,
plus 1 per 1,000sf of outdoor sales/display
area
1 per 3.5 seats, based on design capacity
30% of building capacity
5 per lane, plus 30% of capacity for related
2 spaces per bay,
plus 4 stacking spaces per bay
>er 300sf, gross floor area
6 per veterinarian
30% of building capacity
>er 300sf, gross floor area
>er 300sf, gross floor area
1 per every employee,
~lus 1 drop off space for every 5 enrollees
1 per 300sf, gross floor area,
plus 6 stacking spaces for each drive-through
lane
6 plus 1 per 40sf of dining/service area,
plus 6 stacking spaces for each drive-through
lane
30% of building capacity
30% of building capacity
1 per 5 seats,
plus 1 per 300sfofnon-seating area
1 per 300sf, gross floor area,
plus 1 per 1,000sf of outside sales/display
area
Determined by staffbased on parking study
Determined by staffbased on parking study
1 per unit, plus 30% of capacity for meeting
rooms
>er 300sf, gross floor area
>er 300sf, gross floor area
30% of building capacity
Der 300sf, gross floor area
Der 300sf, gross floor area
1 per 300sf, gross floor area or
2 per station, whichever is greater
Professional Services Der 300sf, gross floor area
Recreational Facility, Indoor Der 150sf of rink, court, pool area, etc.
Recreational Facility, Outdoor 30% of facility capacity
City of Columbia Heights
Zoning and Development Ordinance - Section 6
Page 6-34
Recreational Vehicle Sales
Shopping Center
Studio, Professional
Studio, Radio and Television
Theater, Live Performance or
Movie
Industrial Uses
Assembly/Manufacturing/Process
ing
Concrete, Asphalt or Rock
Crushing
Freight Terminal
Maintenance Facility
Office/Showroom
Office/Warehouse
Outdoor Sales/Display
Outdoor Storage,
Printing/Publishing
Salvage Operation
Self-service Storage Facility
Warehouse/Distribution
· ! per 300sf, gross floor area,
~pli~s 1 Per 1,000sf of outdoor sales/display
area
!er 300sf, gross floor area
~er 300sf, gross floor area
Determined by staff based on parking study
1 per 3.5 seats, based on design capacity
2 per every 3 employees or
1 per 1,000sf, gross floor area, whichever is
greater
2 per every 3 employees
1 per 3,000sf, gross floor area of
storage/warehousing,
plus 1 per 300sf, gross floor area of office
1 per 3,000sf, gross floor area,
plus 1 per 300sf, gross floor area of office
1 per 300sf, gross floor area of
office/showroom,
plus 1 per 3,000sf, gross floor area of storage
1 per 300sf, gross floor area of office,
plus 1 per 3,000sf, gross floor area of storage
>er 1,O00sf of sales/display area
1 per 3,000sf of storage area
2 per every 3 employees or
1 per 1,O00sf, gross floor area, whichever is
greater
2 per 3 employees
1 per 3,000sf, gross floor area of storage,
plus 1 per 300sf, gross floor of office
1 per 3,000sf, gross floor area
storage/warehousing,
plus 1 per 300sf, gross floor area
office/sales area
of
of
City of Columbia Heights
Zoning and Development Ordinance - Section 6
Page 6-35
11)
Stacking Requirements. Drive-up and drive-through facilities shall provide
adequate stacking space for vehicles in accordance with the following table.
Stacking spaces shall require a minimum pavement width of 12 feet, a length of
20 feet per vehicle, and shall be exclusive of any other required parking spaces or
drive aisles.
Use
Automobile Washing Facility - Self
Service
Automobile Washing Facility - Automatic
Food Service - Fast Food Drive-Through
Financial Institution
Other Drive-up or Drive-through Uses
Minimum Stacking Spaces
4 spaces per bay at entrance,
1 space per bay at exit
4 spaces per bay at entrance,
1 space per bay at exit
4 spaces behind menu board,
4 spaces behind first window
4 spaces per teller window,
2 spaces per ATM kiosk
2 spaces per window
Off-street Loading Requirements. Off-street loading space shall be provided for
any non-residential use that receives or distributes materials or merchandise by
trucks or similar vehicles and has a gross floor area of 5,000 square feet or more,
in accordance with the following standards:
Dimensions. Loading berths shall be no less than twelve (12) feet in
width, fifty (50) feet in length and fourteen (14) feet in height, exclusive
of aisle and maneuvering space.
b)
Location. Loading berths shall be located on the site and shall be separate
from any required off-street parking. Loading berths shall not be located
less than fifty (50) feet from the property line of any residential property
or residentially zoned property. Loading berths shall not be located within
the front yard setback area.
c)
Access. Each loading berth shall be located with appropriate means of
vehicular access to and from a public street or alley, and shall not interfere
with automobile or pedestrian traffic either on the site or adjacent to the
site.
Surfacing. All loading berths and access driveways shall be surfaced with
a dustless all-weather material and constructed to control drainage
according to a plan approved by the City Engineer.
e)
Use. Any space designated as a loading berth or access drive in
accordance with the terms of this Section shall not be used for the storage
of goods, inoperable vehicles or required off-street parking.
City of Columbia Heights
Zoning and Development Ordinance - Section 6
Page 6-36
t)
Number. For facilities with less than 20,000 square feet gross floor area,
the off-street loading requirements may be met by providing a designated
loading zone on site, as opposed to constructing a loading berth. For
facilities with 20,000 square feet gross floor area or greater, one off-street
loading berth shall be provided for every 30,000 square feet gross floor
area or fraction thereof.
9.613
2)
3)
Landscaping and Screening.
Purpose. Landscaping and screening requirements are established to buffer non-
compatible land uses, screen unsightly views, reduce noise and glare, minimize
storm water runoff, and generally enhance the quality and appearance of
development within the community.
Landscape Plan Required. A landscape plan is required for all new commercial,
industrial, institutional and multi-family development. For development having
an anticipated construction value in excess of $750,000, the landscape plan must
be prepared by a landscape architect registered in the State of Minnesota. Said
landscape plan shall include the location, size, quantity and species of all existing
and proposed plant materials.
Design Considerations. The following design concepts and requirements should
be considered when developing a landscape plan for submittal to the City:
To the maximum extent possible, the landscape plan shall incorporate
existing vegetative features on the site.
b) The overall composition and location of landscaped areas should
complement the scale of the development and its surroundings.
Landscaped areas should be of adequate size to allow proper plant growth,
protect plantings from both pedestrian and vehicular traffic, and provide
adequate area for plant maintenance.
A variety of trees and shrubs should be used to provide visual interest year
round. No more than 50 percent of the required number of trees or shrubs
may be comprised of any one species. No less than 25% of the required
number of trees shall be over-story deciduous trees and no less than 25%
shall be coniferous.
e) Final slopes greater than 3:1 will not be permitted without special
treatment such as terracing, retaining walls or special ground covers.
City of Columbia Heights
Zoning and Development Ordinance - Section 6
Page 6-37
All plant materials shall meet the following minimum size standards:
Plant Type
Trees
Evergreen
Deciduous - Over-story
Deciduous - Ornamental
Shrubs
Evergreen
Deciduous
Screening Shrubs - Either
Minimum Size at Planting
6 feet in height
2.5 inches diameter,
from base
measured 2 feet
2 inches diameter, measured 2 feet from
base
2 feet in height
2 feet in height
3 feet in height
5)
Landscaping Requirements. Landscaping shall be provided in accordance with
the following requirements:
All required setbacks shall be landscaped with turf grass, native grasses,
trees, shrubs, vines, perennial flowering plants, or other pervious ground
cover.
b)
A minimum of one (1) tree shall be planted for every fifty (50) feet of
street frontage or fraction thereof. The trees shall be planted within the
front yard and may be arranged in a cluster or placed at regular intervals to
best complement existing landscape design pattems in the area.
c)
A minimum of four (4) trees shall be planted for every one acre of lot area
covered by buildings, parking areas, loading areas, exterior storage areas
and other impervious surfaces.
d)
Parking areas shall have a minimum of 100 square feet of landscape area
and one over-story tree for each 20 spaces or fraction thereof. The
remainder of the landscape area shall be covered with turf grass, native
grasses, trees, shrubs, vines, perennial flowering plants, or other pervious
ground cover.
Screening Requirements. Screening shall be provided in accordance with the
following requirements:
All off-street parking areas containing six (6) or more parking spaces and
located adjacent to or across a public right-of-way (street or alley) from a
residential or residentially zoned property, the parking area shall be
City of Columbia Heights
Zoning and Development Ordinance - Section 6
Page 6-38
6)
screened along the boundary with the residential use. Where any
commercial or industrial use is located adjacent to or across a public right-
of-way (street or alley) from a residential or a residentially zoned property,
the commercial or industrial use shall be screened along the boundary with
the residential use.
b)
Exterior storage of materials or equipment, except for allowed retail sales
and temporary placement of equipment, shall be screened from all
adjacent non-industrial uses and from the public right-of-way.
c)
Required screening shall consist of a fence, wall, earthen berming and/or
vegetation no less than six (6) feet in height and no less than 80% opaque
on a year round basis. Said screening shall be located as close to the
property line as practicable and no closer than 15 feet fi.om the edge of a
public right-of-way.
Installation and Maintenance. The following regulations shall govern the
installation and maintenance of landscaping and screening materials.
All landscaping materials and screening materials shall be installed in
conjunction with site development and prior to issuance of a final
certificate of occupancy.
b)
A letter of credit or other security as acceptable to the City shall be
deposited with the Zoning Administrator, in an amount equal to ten
percent (10%) of the estimated cost of landscaping and/or screening. The
letter of credit or other security as acceptable to the City, or portions
thereof, shall be forfeited to maintain and/or replace materials for a period
of time to include at least two (2) growing seasons. A portion of the letter
of credit or other security as acceptable to the City may be released after
one growing season as determined by the Zoning Administrator.
c)
The property owner shall be responsible for continued maintenance of
landscaping and screening materials to remain in compliance with the
requirements of this Section. Plant materials that show signs of disease or
damage shall be promptly removed and replaced within the next planting
season.
9.614
l)
Building Design Standards.
Purpose. The purpose of this section is to promote quality development
throughout the community that is attractive and visually compatible with adjacent
development.
City of Columbia Heights
Zoning and Development Ordinance - Section 6
Page 6-39
2)
Design Review Required. Approval of building elevations is required for all new
commercial, industrial, institutional and multi-family development. Building
design approval is also required for any remodeling or expansion activity that
increases the overall size of the building by 10 percent or more.
3)
Building Materials and Design. The following material and design standards
shall be adhered to:
Building materials for all projects shall be durable, require low
maintenance and be of the same or better quality than that used on
surrounding properties; and shall consist of any of the following materials:
Brick; natural stone; stone treated concrete panels; glass curtain wall
panels; wood, provided surfaces are finished for exterior use and only
woods of proven exterior durability are used such as cedar, redwood, and
cypress; factory fabricated and finished metal frame paneling; or other
materials of high architectural quality as approved by staff.
b)
Building elevations and facades should include a variety of architectural
features and building materials to provide visual interest and give each
project a distinct character. Building facades shall contain windows at the
ground level or first floor in order to increase security of adjacent outdoor
spaces by maximizing natural surveillance and visibility. Special care
should be given to building elevations that face a public fight-of-way or a
residential area. Doors, window frames, screening walls, and other
architectural features should be finished to complement the color and
material of the principal building. At least twenty (20) percent of the first
floor faqade that faces a public street, sidewalk or parking lot shall be
windows or doors for residential uses. At least thirty (30) percent of the
first floor fagade that faces a public street, sidewalk or parking lot shall be
windows or doors of clear or lightly tinted glass that allows views into and
out of the building at eye level for non-residential uses. Windows shall be
distributed in a more or less even manner. Minimum window area shall be
measured between the height of two (2) feet and ten (10) feet above the
finished level of the first floor.
c)
All additions, exterior alterations or accessory buildings constructed after
the original buildings shall be of the same material and design as the
original structure. However, this provision shall not prohibit the
upgrading of the quality of materials used in a remodeling or expansion
activity, provided said upgraded material complements the original.
d) All structures over 120 square feet shall have full perimeter footings.
e) Steel frame structures with metal siding and roof are allowed in
Commercial and Industrial Districts provided 50% or more of the front of
City of Columbia Heights
Zoning and Development Ordinance - Section 6
Page 6-40
4)
the structure is masonry type veneer and windows, and the side walls shall
be at least four feet from grade with the same type of masonry veneer.
Application of Master Plan District Provisions. Properties located within the
district boundaries of master plan area shall also be subject to the district
provisions of the master plan.
9.615
Telecommunication Towers/Antennae.
(Refer to separate Columbia Heights Tower Siting Ordinance # 1424)
9.616
l)
2)
3)
Sign Regulations.
Purpose. The purpose of this Section is to allow effective signage appropriate to
the character of each zoning district, to promote an attractive environment by
minimizing visual clutter and confusion, to minimize adverse impacts on nearby
property and protect the public health, safety and general welfare.
Application. The sign regulations set forth in this Section shall apply to all
structures and all land uses, except as otherwise prohibited by this Chapter. All
signs allowed by this Section shall be limited to on-premise signs.
Permits.
Permit Required. It shall be unlawful for any person to erect, build,
construct, attach, hang, place, suspend, affix, structurally alter, or relocate
any sign within the City without having first obtained a permit from the
City unless herein excluded.
Application for Sign Permit. An application for a sign permit shall be
filed with the Zoning Administrator on the approved form and shall be
accompanied by such information as may be required to ensure
compliance with the provisions of this Section, including but not limited
to, the following:
A drawing showing the proposed location of the sign for which the
permit is being requested and the location of all existing signage
on the premises.
ii
A drawing indicating the size, color, content and materials of the
sign, as well as the method of construction and attachment to the
building or to the ground.
City of Columbia Heights
Zoning and Development Ordinance - Section 6
Page 6-41
111
Engineering data showing the structure is designed to
accommodate dead load and wind pressure, in any direction, in the
amount required within this Section, when specifically requested
by the Zoning Administrator.
c)
Application Fee. Fees for all sign permits shall be established by
resolution of the City Council.
Issuance of Permit. Upon the filing of a completed application for a sign
permit, the Zoning Administrator shall examine all accompanying drawing
and supplemental data to determine compliance with the requirements of
this Section. Upon approval, the sign permit shall remain valid for a
period of one (1) year. If no work has commenced within such time
period, a new permit shall be required even if no changes have been made
to the original site plan.
Exemptions. The following changes shall not require a sign permit.
These exceptions shall not be construed as relieving the owner of the sign
from the responsibility for its proper erection and maintenance and its
compliance with the provisions of this Ordinance or any other law or
ordinance regulating the same.
i)
The changing of the advertising copy or message of a painted or
printed sign. Except for theater marquees and changeable copy
signs specifically designed for the use of replaceable copy, electric
signs shall not be included in this exception.
ii)
Painting, repainting or cleaning of an advertising structure or the
changing of the advertising copy or message thereon, unless a
structural change is made.
4) General Sign Standards.
a)
Construction Requirements. All signs shall be constructed and
maintained in such a manner so as to present a professional
appearance and maintained in accordance with the applicable
provisions of the Uniform Building and Electrical Codes. The site
on which the sign is constructed shall utilize existing finished
grade, and shall not be raised, bermed, or otherwise elevated above
surrounding grade to achieve a greater height than allowed by this
ordinance.
b)
Maintenance. All signs, including temporary signs, together with
all of their supports, braces, guys, and anchors, shall be kept in
good repair and in proper state of preservation. The display
surfaces of all signs shall be kept neatly painted or posted. Every
City of Columbia Heights
Zoning and Development Ordinance - Section 6
Page 6-42
sign and the immediate surrounding premises shall be maintained
by the owner or person in charge thereof in a safe, clean, sanitary,
and inoffensive condition, and free and clear of all obnoxious
substances, rubbish and weeds.
c)
Inspection. All signs for which a permit is required shall be
subject to inspection by the Zoning Administrator. The Zoning
Administrator, or any other official of the municipality who may
be appointed by him is hereby authorized to enter upon any
property or premises to ascertain whether the provisions of this
Section are being obeyed.
5)
Exempt. Signs. In all districts, the provisions of this section shall not apply
to the following signs:
a)
Signs of any governmental unit designed for regulatory and safety
purposes.
b) Memorial plaques, cornerstones and historical tablets.
c) Political signs regulated per State Statute.
d)
Direction signs not more than two (2) in number identifying the
location and nature of a building, structure, or use which is not
readily visible fi'om the street, serving such building, structure, or
use on lands forming part of the site of such buildings, structure, or
uses, provided that each such sign is not more than ten (10) square
feet in total area.
e)
Signs not exceeding nine (9) square feet in area located UPon
private property and directed toward the prevention of trespassing.
Window signage that does not exceed twenty-five (25) percent of
the total area of the window on or in which it is displayed.
Temporary signs pertaining to drives or events of charitable,
educational or religious organizations, provided that such signs
shall not be erected or posted for a period of more than fourteen
(14) days prior to the date of the event and shall be removed within
three (3) days thereafter.
Flags or emblems of political, civic, philanthropic, educational or
religious organizations.
i)
Temporary on-site signs advertising the sale, lease, or rental of the
lot or premises upon which such signs are situated, provided the
City of Columbia Heights
Zoning and Development Ordinance - Section 6
Page 6-43
combined area of such signs fronting upon each street which
bounds such lot or premises shall not exceed a ratio of one (1)
square foot of sign area for each one thousand (1,000) square feet.
No such temporary on-site sign shall exceed eight (8) square feet
nor remain past the date of termination of such offering.
J)
One on-site temporary sign advertising a group of lots for sale
within a subdivision or a group of houses for sale within a housing
project along each street frontage which bounds such subdivision
or project, provided that the total area of such sign shall not exceed
the greater of sixty-four (64) square feet with no single dimension
in excess of sixteen (16) feet or eight (8) square feet per lot or
house for sale. No such on-site temporary sign shall remain past
the date of sale of the last lot within the subdivision or the last
house within the housing project.
k)
Temporary on-site signs indicating the name and nature of a
construction or demolition project, plus the names of the
contractors subcontractors, and professional advisors, provided the
combined area of such signs fronting upon each street which
abounds such project shall not exceed a ratio of two (2) square feet
of sign area for each one thousand (1,000) square feet of lot area.
In no case shall the combined area of such signs fronting upon
each street exceed the greater of sixty-four (64) square feet with no
single dimension in excess of sixteen (16) or eight (8) square feet
per house or lot on which such construction or demolition is
located. The display of such sign shall be limited to a period not to
exceed the duration fthe said construction or demolition project, at
which time such signs shall be removed.
1)
One (1) wall sign per dwelling for permitted home occupations not
to exceed two (2) square feet per surface and limited to one (1)
surface.
m)
Time and temperature signs not to exceed twenty (20) square feet
per sign and one sign per side of building.
One temporary on-site banner or pennant advertising the sale, lease
or rental of the lot(s) or premises on which such a banner or
pennant is situated, provided that the total area of such banner or
pennant shall not exceed the ratio of one (1) square foot of sign
area for each one thousand (1,000) square feet of building area plus
one (1) square foot of sign area for each one thousand (1,000)
square feet of lot area. No such banner or pennant need be less
than thirty-two (32) square feet. No such banner or pennant shall
remain past the date of the offering or be displayed for a period of
City of Columbia Heights
Zoning and Development Ordinance - Section 6
Page 6-44
6)
more than one hundred twenty days (120), whichever period is
shorter. At the end of the display period, the site may not display a
banner or pennant until at least 240 days have elapsed.
Prohibited Signs. Signs that are not specifically permitted in this Section
are hereby prohibited in all Districts unless criteria is presented to allow
the Planning Commission to deem that the sign design preserves and
maintains the community's unique historical and cultural elements.
Without restricting or limiting the generality of the provisions of the
foregoing, the following signs are specifically prohibited:
a) A balcony sign and a sign mounted or supported on a balcony.
b) Any sign that obstructs any part of a doorway or fire escape.
c)
Any sign which, because of its position, movement, shape,
illumination or color constitutes a traffic hazard because it
obstructs free and clear vision, or interrupts, confuses or misleads
traffic.
d)
A private sign containing words or symbols, which might
reasonably be construed as traffic controls.
An animated or rotating sign, except barber poles and signs
displaying time and temperature information only in the animated
or rotating portion thereof.
f)
A flashing sign, including indoor flashing electrical signs visible
from the public right-of-way, other than time and temperature
signs limited to such time and temperature information.
g)
A sign or graphics painted directly on any exterior surface of a
building or structure. However, sign letters and symbols may be
attached directly to an exterior surface by adhesive or mechanical
mealls.
Any roof sign, unless attached to mansard roof or similar
decorative style roof that is vertical in nature.
i)
A projecting sign which either extends more than eighteen (18)
inches from the building or structure to which it is attached, or
which is larger than three (3) feet in vertical height, other than
canopy or marquee signs.
City of Columbia Heights
Zoning and Development Ordinance - Section 6
Page 6-45
J)
1)
m)
n)
o)
Any sign that does not display the name of the manufacturer or
maker permanently attached to, or painted or printed on, the
exterior or structural supports of the sign.
Any sign that is erected, placed or maintained by any person on a
rock, fence, or trees.
Any sign that interferes with any electric light, or power,
telephone, telecommunications, or telegraph wires, or the supports
thereof.
Any sign containing electrical wiring which does not conform to
the Electrical Code or the components thereof do not bear the label
of an approved testing agency.
Any window sign or signs which exceed twenty-five (25) percent
of the total area of the window on or in which it is displayed.
Portable signage exceeding eight (8) square feet.
Temporary Signs. The following standards shall apply to temporary signs
in all zoning districts.
a) Any sign not considered permanent shall be considered temporary.
b)
Banners or pennants shall not exceed three (3) feet by twenty (20)
feet in size, and shall be directly attached to the wall of the
building.
c)
No temporary sign shall extend over or into any street, alley,
sidewalk or other public thoroughfare a distance greater than four
(40) inches from the wall upon which it is erected, shall not be
placed or project over any wall and may not cover more than
25 percent of window area such that 75 percent of the total window
area is kept clear at all times.
d)
No temporary sign shall be erected so as to prevent free ingress to
or egress from any door, window or fire escape, nor shall such sign
be attached to any standpipe or fire escape.
e)
Unauthorized use of temporary signage shall be subject to the other
sanctions as provided herein.
Signs in Residential Districts R-1 and R-2.
City of Columbia Heights
Zoning and Development Ordinance - Section 6
Page 6-46
Permitted Signs. In the R-l, Single Family Residential District,
and the R-2, Two Family Residential District, the following signs
shall be permitted:
(i)
One (1) identification sign per dwelling unit not to exceed
two (2) square foot per surface, and limited to one (1)
surface attached directly to the structure.
(ii)
One (1) wall or ground sign for each conditional use other
than the residential use, not to exceed sixteen (16) square
feet per surface, and limited to two (2) surfaces.
(iii)
One (1) institutional sign not to exceed forty (40) square
feet per surface, limited to two (2) surfaces, and set back a
minimum often (10) feet from any property line.
(iv)
In case of multiple structures on one parcel, a second
institutional sign may be installed provided there is a
minimum distance of seventy-five (75) feet between the
two sign structures.
b)
Restrictions. Permitted signs in the R-l, Single Family
Residential, and R-2, Two Family Residential Districts are subject
to the following restrictions:
(i)
The maximum height of a sign, including its structures,
shall not exceed eight (8) feet above the grade at street
level or at the base of the sign, whichever is greater.
(ii) No animated sign shall be permitted.
(iii)
All illuminated signs shall be shielded in such a way as to
protect the rights of adjacent property owners from
nuisance.
(iv)
The sign number and area permitted by this Section are
considered maximums. These maximums, or any portions
thereof which are not utilized by the owner(s), occupant(s)
or user(s) of property are non-transferable to any other
property owned by such persons, or to any other owner(s),
occupant(s) or user(s) of property in the same or other
Districts.
Signs in Residential Districts R-3 and R-4.
City of Columbia Heights
Zoning and Development Ordinance - Section 6
Page 6-47
10)
a)
Permitted Signs. In the R-3, Limited Multiple Family Residential
District, and the R-4, Multiple Family Residential District, the
following signs shall be permitted:
(i)
One (1) identification sign per dwelling unit not to exceed
two (2) square feet per surface, limited to one (1) surface,
and attached directly to the structure for each single and
two-family residence.
(ii)
One (1) area identification sign per lot line facing a public
street not to exceed sixteen (16) square feet per surface and
limited to two (2) surfaces, for each multiple dwelling.
(iii)
One (1) institutional sign not to exceed forty (40) square
feet per surface, limited to two (2) surfaces, and set back a
minimum often (10) feet from any property line.
(iv)
In case of multiple structures on one parcel, a second
institutional sign may be installed provided there is a
minimum distance of seventy-five (75) feet between the
two sign structures.
b)
Restrictions. Permitted signs in the R-3, Limited Multiple Family
Residential, and R-4, Multiple Family Residential Districts are
subject to the following restrictions:
(i)
The maximum height of a sign, including its structures,
shall not exceed eight (8) feet above the grade at street
level or at the base of the sign, whichever is greater.
(ii) No animated signs shall be permitted.
(iii)
All illuminated signs shall be shielded in such a way as to
protect the rights of adjacent property owners from
nuisance.
(iv)
The sign number and area permitted by this Section are
considered maximums. These maximums, or any portions
thereof which are not utilized by the owner(s), occupant(s)
or user(s) of property are non-transferable to any other
property owned, occupied or used by such persons, or to
any other persons, or to any other owners(s), occupant(s) or
user(s) of property in the same or other Districts.
Signs in LB, Limited Business District.
City of Columbia Heights
Zoning and Development Ordinance - Section 6
Page 6-48
Permitted Signs. In the LB, Limited Business District, the
following signs shall be permitted:
(i)
Any number of wall signs on any side of a building not to
exceed fit~y (50) square feet of total surface area for all
sign surfaces and limited to one surface per sign. Provided,
however, that if a parcel of land on which a building is
located directly abuts residentially zoned land, no wall sign
may be located on the side of the building that faces the
abutting residential parcel.
(ii)
One (1) freestanding pylon sign only if the building or
structure is located adjacent to a State Trunk Highway and
located twenty (20) feet or more from the front lot line, not
to exceed forty (40) square feet per surface, and limited to
two (2) surfaces.
(iii)
(iv)
If not located adjacent to a State Trunk Highway and/or
where the twenty (20) foot setback cannot be met, one
monument sign not to exceed forty (40) square feet in size,
limited to two sides, not to exceed eight (8) feet in height,
and set a minimum of five (5) feet fi.om any property line.
Any pylon or monument sign must be a minimum of five
(5) feet fi.om any building or structure on the same lot.
(v)
One (1) wall sign on each side of the building which faces a
public alley, not to exceed four (4) square feet per surface
and limited to one (1) surface per sign.
(vi)
One (1) area identification sign for each shopping center
not to exceed fifty (50) square feet per surface, and limited
to four (4) surfaces, in addition to one (1) wall sign for each
primary use business not to exceed fifty (50) square feet per
surface, limited to one (1) surface.
(vii)
One (1) identification sign for each use other than primary
use not to exceed two (2) square feet per surface, and
limited to one (1) surface.
(viii)
One (1) wall sign per building with an area of the lesser of
twenty (20) square feet or one-half (1/2) of a square foot
for each front foot of a building or structure provided that
the said sign is located on the same side of the building as
an entrance approved by the City Building Official as a
public entrance and provided that the said public entrance
City of Columbia Heights
Zoning and Development Ordinance - Section 6
Page 6-49
and sign faces a parking facility designated by the City as
approved public parking.
b)
Restrictions. Permitted signs in the LB, Limited Business District,
are subject to the following restrictions:
(i)
Total sign area shall not exceed two (2) square feet for each
front foot of the building or structure. In the case of
multiple occupancy, the wall surface for each tenant, user
or owner shall include only the surface area on the exterior
fagade of the premises occupied by such tenant, user or
owner.
(ii)
The maximum height of a pylon sign including its structure
shall not exceed twenty (20) feet above grade at street level
or at the base of the sign, whichever is greater. The
maximum height of a monument sign including its structure
shall not exceed eight (8) feet above grade at street level or
at the base of the sign, whichever is greater.
(iii)
The sign number and area permitted by this Section are
considered maximums. These maximums, or any portion
thereof, which are not utilized by the owner(s), occupant(s)
or user(s) of property are non-transferable to any other
property owned, occupied or used by such persons, or to
any other owner(s), occupant(s) or user(s) of property in the
same or other Districts.
11) Signs in CBD, Central Business District.
(.4) Permitted Signs. In the CBD, Central Business District, the
following signs shall be permitted:
(i)
Any number of wall signs on any side of a building not to
exceed one hundred (100) square feet of total surface area
for all wall sign surfaces and limited to one surface per
sign. Provided, however, that if a parcel of land on which a
building is located directly abuts residentially zoned land,
no wall sign may be located on the side of the building that
faces abutting residential parcel.
(ii)
One freestanding pylon sign only if the building or
structure is located adjacent to a State Trunk Highway and
located twenty (20) feet or more from the front lot line, not
to exceed seventy-five (75) square feet per surface, and
limited to two (2) surfaces. Provided, however, that (a) if
City of Columbia Heights
Zoning and Development Ordinance - Section 6
Page 6-50
(iii)
(iv)
(v)
(vi)
(vii)
(viii)
the building contains more than 80,000 square feet of gross
floor area or the site on which the building is located
contains more than 90,000 square feet of surface area, (b) if
the street frontage of the site on which the building or
structure is located exceeds one hundred fifty (150) feet in
length, and (c) if the building is located twenty (20) feet or
more from the front lot line and is located adjacent to a
State Trunk Highway, a second freestanding sign not to
exceed seventy-five (75) square feet and limited to two (2)
surfaces shall be permitted at a location at least fifty (50)
feet distant from any other freestanding sign and at least
twenty-five (25) feet distant from the lot line of any
adjoining parcel of land other than a street or alley.
If not located adjacent to a State Trunk Highway and/or
where the twenty (20) foot setback cannot be met, one
monument sign not to exceed forty (40) square feet in size,
limited to two sides, not to exceed eight (8) feet in height,
and set a minimum of five (5) feet from any property line.
Any pylon or monument sign must be a minimum of five
(5) feet from any building or structure on the same lot.
One wall sign on each side of the building that faces a
public alley, not to exceed four (4) square feet per surface
and limited to one surface per sign.
One area identification sign for each shopping center not to
exceed one hundred (100) square feet per surface, and
limited to four surfaces; one wall sign for each primary use
business, not to exceed one hundred (100) square feet per
surface and limited to one surface.
One identification sign for each user other than primary
use, not to exceed two (2) square feet per surface, and
limited to one surface.
One wall sign per building with an area of the lesser of
twenty (20) square feet or one-half (V2) of a square foot for
each front foot of a building or structure provided that the
said sign is located on the same side of the building as an
entrance approved by the City Building Official as a public
entrance and provided that the said public entrance and sign
faces a parking facility designated by the City as approved
public parking.
City of Columbia Heights
Zoning and Development Ordinance - Section 6
Page 6-51
b)
Restrictions. Permitted signs in the CBD, Central
District, are subject to the following restrictions:
Business
(i)
Total sign area shall not exceed two (2) square feet for each
front foot of building or structure. In the case of multiple
occupancy, the wall surface for each tenant, user or owner
shall include only the surface area on the exterior facade of
the premises occupied by such tenant, user or owner.
(ii)
The maximum height of a pylon sign, including it
structures, shall not exceed twenty (20) feet above the
grade at street level or at the base of the sign, whichever is
greater. The maximum height of a monument sign,
including its structures, shall not exceed eight (8) feet
above grade at street level or at the base of the sign,
whichever is greater.
(iii)
The sign number and area permitted by this Section are
considered maximums. These maximums, or any portion
thereof, which are not utilized by the owner(s), occupant(s)
or user(s) of property are non-transferable to any other
property owned, occupied or used by such persons or any
other owner(s), occupant(s) or user(s) of property in the
same or other Districts.
12) Signs in the GB, General Business District.
a) Permitted Signs. In the GB, General Business District, the
following signs shall be permitted:
(i)
Any number of wall signs on any side of a building not to
exceed two hundred (200) square feet of total surface area
for all wall sign surfaces and limited to one surface per
sign. Provided, however, that if a parcel of land on which a
building is located directly abuts residentially zoned land,
no wall sign may be located on the side of the building that
faces the abutting residential parcel.
One freestanding pylon sign only if the building or
structure is located adjacent to a State Trunk Highway and
located twenty (20) feet or more from the front lot line, not
to exceed seventy-five (75) square feet per surface and
limited to two (2) surfaces. Provided, however, that (a) if
the building contains more than 80,000 square feet of gross
floor area or the site on which the building is located
contains more than 90,000 square feet of surface area, (b) if
City of Columbia Heights
Zoning and Development Ordinance - Section 6
Page 6-52
the street frontage of the site on which the building' or
structure is located exceeds one hundred fifty (150) feet in
length, and (c) if the building is located twenty (20) feet or
more from the front lot line and is located adjacent to a
State Trunk Highway, a second freestanding sign not to
exceed seventy-five (75) square feet and limited to two (2)
surfaces shall be permitted at a location at least fifty (50)
feet distant from any other freestanding sign and at least
twenty-five (25) feet distant from the lot line of any
adjoining parcel of and other than a street or alley.
(iii)
If not located adjacent to a State Trunk Highway and/or
where the twenty (20) foot building setback cannot be met,
one monument sign not to exceed forty (40) square feet in
size, limited to two sides, not to exceed eight (8) feet in
height, and set a minimum of five (5) feet from any
property line.
(iv)
Any pylon or monument sign must be a minimum of five
(5) feet from any building or structure on the same lot.
(v)
One wall sign on each side of the building that faces a
public alley, not to exceed four square feet per surface and
limited to one surface per sign.
(vi)
One area identification sign for each shopping center, not to
exceed one hundred (100) square feet per surface, limited
to four surfaces, in addition to one wall sign for each
primary use business, not to exceed one hundred (100)
square feet per surface, limited to one surface.
(vi)
One identification sign for each use other than primary use,
not to exceed two square feet per surface, and limited to
one surface.
(vii)
One wall sign per building with an area of the lesser of
twenty (20) square feet or one-half (½) square feet for each
front foot of a building or structure provided that the said
sign is located on the same side of the building as an
entrance approved by the City Building Official as a public
entrance and provided that the said public entrance and sign
faces a parking facility designated by the City as approved
public parking.
b)
Restrictions. Permitted signs in the GB, General Business District,
are subject to the following restrictions:
City of Columbia Heights
Zoning and Development Ordinance - Section 6
Page 6-53
(i)
Total signage shall not exceed two square feet for each
front foot of building or structure. In the case of multiple
occupancy, the wall surface for each tenant, user or owner
shall include only the surface area on the exterior facade of
the premises occupied by such tenant, user or owner.
(ii)
The maximum height of a sign, including its structures,
shall include only the surface area on the exterior fagade of
the premises occupied by such tenant, user or owner.
(iii)
The maximum height of a pylon sign, including its
structures, shall not exceed twenty-five (25) feet above the
grade at street level or at the base of the sign, whichever is
greater. The maximum height of a monument sign,
including its structures, shall not exceed eight (8) feet
above grade at street level or at the base of the sign,
whichever is greater.
(iv)
The sign number and area permitted by this section are
considered maximum. These maximums, or any portion
thereof, which are not utilized by the owner(s), occupant(s)
or user(s) of property are non-transferable to any other
property owned, occupied or used by such persons or to
any other owner(s), occupant(s) or user(s) of property
located in the same or other Districts.
13) Signs in I-1 and 1-2 Industrial Districts.
Permitted Signs. In the I-1, Light Industrial District, and the I-2,
General Industrial District, the following signs shall be permitted:
(i)
Any number of wall signs on any side of a building to
exceed one hundred (100) square feet of total surface area
for all wall sign surfaces and limited to one surface per
sing. Provided, however, that if a parcel of land on which a
building is located directly abuts residentially zoned land,
no wall sign may be located on the side of building that
faces abutting residential parcels.
(ii)
One freestanding pylon sign only if the building or
structure is located twenty (20) feet or more fi.om the fi.ont
lot line, not to exceed one hundred (100) square feet per
surface, and limited to two surfaces. Where the twenty (20)
foot setback cannot be met, one monument sign not exceed
forty (50) square feet in size, limited to two sides, not to
City of Columbia Heights
Zoning and Development Ordinance - Section 6
Page 6-54
b)
14)
exceed ten (10) feet in height, and set a minimum of five
(5) feet from any building or structure on the same lot.
(iii)
Any pylon or monument sign must be a minimum of five
(5) feet from any building or structure on the same lot.
(iv)
One identification sign for each use other than primary use,
not to exceed two square feet per surface and limited to one
sign.
(v)
Billboards located adjacent to public streets with speed
limits of forty-five miles per hour (45 mph) or more, placed
at a minimum of fifteen hundred (1500) foot intervals, not
to exceed one hundred (100) square feet per surface and
limited to two surfaces.
Restrictions. Permitted signs in the I-1, Light Industrial District,
and the I-2, General Industrial District, are subject to the following
restrictions:
(i)
Total sign area shall not exceed two (2) square feet for each
front foot of building or structure. In the case of multiple
occupancy, the wall surface for each tenant, user or owner
shall include only the surface area on the exterior faCade of
the premises occupied by such tenant, user or owner.
(ii)
The maximum height of a sign including its structures shall
not exceed twenty-five (25) feet above the grade at street
level or at the base of the sign, whichever is greater. The
maximum height of a monument sign, including its
structures, shall not exceed ten (10) feet above grade at
street level or at the base of the sign, whichever is greater.
(iii)
The sign number and area permitted by this Section are
considered maximums. These maximums, or any portion
thereof, which are not utilized by the owner(s), occupant(s)
or user(s) of property are non-transferable to any other
property owned, occupied or used by such person(s) or to
any other owner(s), occupant(s) or user(s) of property
located in the same or other Districts.
Signs for Non-Conforming Residential Uses. Sign number and area
for residential uses in Commercial, Business or Industrial Zones
are limited to the maximum number and area for the actual use of
the subject property.
City of Columbia Heights
Zoning and Development Ordinance - Section 6
Page 6-55
Is)
Minimum Yard Requirements - Freestanding Signs. The minimum
front, side and rear yard requirements for freestanding signs shall
be ten (10) feet from any property line or as otherwise stated in this
ordinance. When the bottom edge of the freestanding pylon sign is
eight (8) feet or more above grade, the leading edge of the sign
may extend within one (1) foot of the property line. Provided,
however, no freestanding sign shall invade the area required for
traffic visibility by this Section.
City of Columbia Heights
Zoning and Development Ordinance - Section 6
Page 6-56
CHAPTER 9: LAND USE AND DEVELOPMENT
SECTION 7:
SPECIFIC DEVELOPMENT STANDARDS
9.701 General Provisions
I)
Purpose. The purpose of this Section is to establish specific development
standards that provide supplemental regulations to address the unique
characteristics of certain land use.
2)
Applicability. The regulations set forth in this Section shall apply to the specific
use listed, whether it is identified as permitted, conditional or accessory within the
applicable zoning district. These regulations shall be in addition to all other
applicable regulations.
3)
Specific Development Standards. The following uses are subject to specific
development standards.
Adult Entertainment Use
a)
Activities classified as obscene as defined by Minnesota Statute, Section
617.241 or successor statute, are prohibited.
b) The use shall be located at least 1000 feet from any other adult
entertainment use.
c)
The use shall be located at least 1000 feet from any facility with an on- or
off-sale liquor, wine or beer license.
d)
The use shall be located at least 500 feet from any of the following
protected uses: residentially zoned property or residential use; licensed
day care facility; public or private educational facility classified as an
elementary, middle or junior high or senior high school; public library;
public park; or religious institution or place of worship.
e)
An adult entertainment use lawfully operating as a conforming use is not
rendered non-conforming by the subsequent location of any use listed
above within 500 feet. If the adult entertainment use is abandoned for a
period of 90 days or more, it shall be deemed discontinued and sUbsequent
use of the premises for adult entertainment will be required to meet the
separation requirement.
f) No more than one adult entertainment use shall be located on the property.
g) The use shall not be located on any property that has a liquor license.
City of Columbia Heights
Zoning and Development Ordinance - Section 7
Page 7-1
h)
Sign messages shall be generic in nature and shall only identify the type of
business which is being conducted; signs shall not contain material
classified as advertising.
Animal Kennel or Shelter
All activity shall be within a completely enclosed building with
soundproofing and odor control.
b) Outdoor kennels shall be prohibited.
Automobile Convenience Facility
a) The use shall be served by a major collector or higher functional
classification of roadway.
b)
All buildings, canopies and pump islands shall meet the setback
requirements for a principal structure in the zoning district in which the
use is located.
c) The storage of inoperable vehicles on the site is prohibited.
d) The sale or repair of vehicles shall be prohibited.
e) A landscape buffer with a minimum depth of ten (10) feet shall be
installed and maintained along all abutting public rights-of-way.
f)
Canopy light fixtures shall be completely recessed within the canopy so
that the lenses do not extend below the bottom surface of the canopy.
g) Wherever fuel pumps are installed, pump islands shall be installed.
h)
A transportation management plan shall be submitted to address off-street
parking, bus loading and unloading, traffic control, and the impact of the
facility on surrounding roadways.
i)
An environmental management plan, including a storm water management
and drainage plan, shall be submitted to address the impact of the facility
on the environment.
J)
The use shall employ best management practices regarding the venting of
odors, gas and fumes. Such vents shall be located a minimum often (10)
feet above grade and shall be directed away from residential uses. All
storage tanks shall be equipped with vapor-tight fittings to eliminate the
escape of gas vapors.
City of Columbia Heights
Zoning and Development Ordinance - Section 7
Page 7-2
k)
There shall be no exterior display of merchandise for sale exceeding 50
square feet in area.
1)
The premises, all adjacent streets, sidewalks and alleys, and all sidewalks
and alleys within 100 feet of the use shall be inspected regularly for the
purposes of removing any litter found thereon.
m)
A minimum of two (2) access points for vehicular traffic shall be
provided. Curb cuts shall be located no less than 50 feet from the
intersecting right-of-way line on collector roadways and no less than
80 feet from the intersecting right-of-way line on arterial roadways.
Automobile Repair, Major
a) All vehicles waiting for repair or pick-up shall be stored within an
enclosed building or in designated off-street parking spaces.
b) All work shall be performed within a completely enclosed building.
c)
All vehicles parked or stored on site shall display a current license plate
with a current license tab. Outside storage of automobile parts or storage
of inoperable or salvage vehicles shall be prohibited.
d)
The sale of vehicles shall be prohibited, unless permitted by this ordinance
or allowed by Conditional Use.
e)
The use shall employ best management practices regarding the venting of
odors, gas and fumes. Such vents shall be located a minimum often (10)
feet above grade and shall be directed away from residential uses. All
storage tanks shall be equipped with vapor-tight fittings to eliminate the
escape of gas vapors.
An environmental management plan, including a storm water management
and drainage plan, shall be submitted to address the impact of the facility
on the environment.
g)
Any fuel sales or automobile convenience activities shall be subject to the
applicable standards for automobile convenience facilities.
Automobile Repair, Minor
a) All vehicles waiting for repair or pick-up shall be stored within an enclosed
building or in designated off-street parking spaces.
b) All work shall be performed within a completely enclosed building.
City of Columbia Heights
Zoning and Development Ordinance - Section 7
Page 7-3
c)
All vehicles parked or stored on site shall display a current license plate with a
current license tab. Outside storage of automobile parts or storage of
inoperable or salvage vehicles shall be prohibited.
d) The sale of vehicles shall be prohibited, unless permitted by this ordinance or
allowed by Conditional Use.
e)
The use shall employ best management practices regarding the venting of
odors, gas and fumes. Such vents shall be located a minimum often (10) feet
above grade and shall be directed away from residential uses. All storage
tanks shall be equipped with vapor-tight fittings to eliminate the escape of gas
vapors.
t)
An environmental management plan, including a storm water management
and drainage plan, shall be submitted to address the impact of the facility on
the environment.
g) Any fuel sales or automobile convenience activities shall be subject to the
applicable standards for automobile convenience facilities.
Automobile Sales/Rental
The use shall be served by a major collector or higher classification of
roadway.
b)
Outdoor vehicle display areas shall meet the setback requirements for a
principal structure in the zoning district in which the use is located.
c) Outdoor vehicle display areas within the public fight-of-way are
prohibited.
d)
A landscape buffer with a minimum depth of 10 feet shall be installed and
maintained along all abutting public fights-of-way.
e)
Outdoor vehicle display shall be within a designated area that is hard-
surfaced.
t)
Outdoor vehicle display shall be in an orderly fashion, with access aisles
provided as needed.
g)
Music or amplified sounds shall not be audible from adjacent residential
properties.
h)
Outdoor vehicle display shall not reduce the amount of off-street parking
provided on site below the level required for the principal use.
City of Columbia Heights
Zoning and Development Ordinance - Section 7
Page 7-4
i)
An appropriate transition area between the use and adjacent property shall
be provided by landscaping, screening or other site improvements
consistent with the character of the neighborhood.
J)
Fuel pumps for the purpose of retail sale and dispensing of fuel to the
general public shall be prohibited. If the use includes dispensing of fuel
for the automobiles maintained on site, the use shall employ best
management practices regarding the venting of odors, gas and fumes.
Such vents shall be located a minimum of ten (10) feet above grade and
shall be directed away from residential uses. All storage tanks shall be
equipped with vapor-tight fittings to eliminate the escape of gas vapors.
Bed & Breakfast Home
The bed and breakfast home shall be part of an owner occupied residential
structure and be operated by the property owner.
b)
No more than one (1) non-resident shall be employed in the operation of
the facility.
c) The exterior appearance of the structure shall not be altered from its
single-family residential character.
d)
The total number of guestrooms shall not exceed four (4) in the R-3 and
R-4 zoning districts and six (6) in the LB zoning district. All guest rooms
shall be located within the principal structure.
Separate kitchen facilities shall not be available for guests. Meals shall be
prepared and served by the operator and shall be available to registered
guests only.
f) Guest stays shall be limited to no more than 14 consecutive days.
Parking shall be accommodated on the property. Parking requirements for
guests are in addition to those required for the principal residential use.
h)
An appropriate transition area between the use and adjacent property shall
be provided by landscaping, screening or other site improvements
consistent with the character of the neighborhood.
i)
The facility shall meet all applicable housing, building and fire codes and
be licensed as required by the State of Minnesota.
City of Columbia Heights
Zoning and Development Ordinance - Section 7
Page 7-5
Car Wash
a)
Water from the car wash shall not drain across any sidewalk or into any
public right-of-way.
b)
Vacuum facilities shall be located in an enclosed structure or located at
least 50 feet from any residential property line to avoid noise impacts.
c)
The premises, all adjacent streets, sidewalks and alleys, and all sidewalks
and alleys within 100 feet of the use shall be inspected regularly for the
purposes of removing litter found thereon.
Clinic, Veterinary
a) All activity shall be within a completely enclosed building with
soundproofing and odor control.
b) Outdoor kennels shall be prohibited.
Concrete, Asphalt, Rock Crushing Operation
a)
The use shall be located a minimum of 1000 feet from any residentially
zoned property or any residential use.
b)
An air quality plan shall be submitted describing stationary and mobile
source air emissions, their quantities and compositions, and indicating
conformance with all applicable regulations.
c)
A dust management plan shall be submitted describing dust emissions
sources, their quantities and compositions, how dust will be collected,
managed and disposed of and indicating conformance with all applicable
regulations.
d)
A sound attenuation plan shall be submitted describing sources of sound
and indicating conformance with all applicable regulations.
e)
A vibration-dampening plan shall be submitted describing sources of
vibration and indicating conformance with all applicable regulations.
A transportation management plan shall be submitted to address off-street
parking, bus loading and unloading, traffic control, and the impact of the
facility on surrounding roadways.
g)
An environmental management plan, including a storm water management
and drainage plan, shall be submitted to address the impact of the facility
on the environment.
City of Columbia Heights
Zoning and Development Ordinance - Section 7
Page 7-6
Community Center
a)
The use shall be served by a minor collector or higher functional
classification of roadway.
b)
The parcel upon which the use is located shall have a lot area no less than
four (4) times the area of the building footprint.
c)
To the extent practical, new construction or additions to existing buildings
shall be complementary and compatible with the scale and character of the
surroundings and exterior materials shall be compatible with those used in
the immediate neighborhood.
d)
An appropriate transition area between the use and adjacent property shall
be provided by landscaping, screening and other site improvements
consistent with the character of the community.
e)
All accessory residential, school or day care uses shall be subject to the
provisions of this Chapter.
Consignment/Secondhand Store
Consignment/secondhand stores shall be identified as stores whose
primary existence is derived from more than 50% used, consigned, or
secondhand merchandise. The use shall be located at least 3000 feet from
all existing consignment/secondhand stores, currency exchanges and
pawnshops.
b)
The window and door area of any existing first floor fagade along a public
street or sidewalk shall not be reduced, nor shall changes be made to such
windows and doors that block views into and out of the building at eye
level.
c)
For new construction, at least thirty (30) percent of the first floor faCade
along a public street or sidewalk shall be windows or doors of clear or
lightly tinted glass that allows views into and out of the building at eye
level.
d)
The use of bars, chains or similar security devices that are visible from a
public street or sidewalk shall be prohibited.
e)
Consignors shall not be paid for merchandise until the merchandise has
been sold to a third party.
City of Columbia Heights
Zoning and Development Ordinance - Section 7
P~e7-7
f)
An appointment or set hours shall be required for the acceptance of
consignment or donated merchandise.
g)
All receipt, sorting and processing of goods shall occur within a
completely enclosed building.
The premises, all adjacent streets, sidewalks and alleys, and all sidewalks
and alleys within 100 feet of the use shall be inspected regularly for the
purposes of removing litter found thereon.
Currency Exchange
The use shall be located at least 3000 feet from all existing currency
exchanges, consignment/secondhand stores and pawnshops.
b)
The window and door area of any existing first floor faqade along a public
street or sidewalk shall not be reduced, nor shall changes be made to such
windows and doors that block views into and out of the building at eye
level.
c)
For new construction, at least thirty (30) percent of the first floor fagade
along a public street or sidewalk shall be windows or doors of clear of
lightly tinted glass that allows views into and out of the building at eye
level.
d)
The use of bars, chains or similar security devices that are visible from a
public street or sidewalk shall be prohibited.
e)
The premises, all adjacent streets, sidewalks and alleys, and all sidewalks
and alleys within 100 feet of the use shall be inspected regularly for the
purposes of removing litter found thereon.
Day Care Center
The building and any exterior fenced areas shall meet the setback
requirements for a principal structure in the zoning district in which the
use is located.
b)
The play area shall be located away from the main entrance to day care,
and shall be contained with a fence constructed of masonry, painted or
treated wood or metal, at least five (5) feet in height.
c)
For child day care facilities, at least 75 square feet of outside play area
shall be provided for each child under care.
City of Columbia Heights
Zoning and Development Ordinance - Section 7
Page 7-8
d)
For adult day care facilities, at least 150 square feet of outdoor area for
seating or exercise shall be provided for each adult under care.
e)
The use shall provide a designated area for the short-term parking of
vehicles engaged in loading and unloading of children or adults under
care. The designated area shall be located as close as practical to the
principal entrance of the building and shall be connected to the building by
a sidewalk.
t)
To the extent practical, new construction or additions to existing buildings
shall be complementary and compatible with the scale and character of the
surroundings and exterior materials shall be compatible with those used in
the immediate neighborhood.
g)
An appropriate transition area between the use and adjacent property shall
be provided by landscaping, screening or other site improvements
consistent with the character of the neighborhood.
h)
The facility shall meet all applicable housing, building and fire codes and
be licensed as required by the State of Minnesota.
i)
Day care centers located in a school or religious institution building
originally constructed for use as a school or religious institution shall be
considered a permitted accessory use, provided the standards contained
herein are met.
J)
Day care centers located within an existing commercial or industrial
facility and used only by employees of the operation conducted on the site
shall be considered a permitted accessory use, provided the standards
contained herein are met.
Day Care, Home
The building and any exterior fenced areas shall meet the setback
requirements for a principal structure in the zoning district in which the
use is located.
b)
The designated play area shall be contained with a fence constructed of
masonry, painted or treated wood or metal, at least five (5) feet in height.
c)
The exterior appearance of the structure shall not be altered from its
single-family residential character.
d)
For child day care facilities, at least 50 square feet of outside play area
shall be provided for each child under care.
City of Columbia Heights
Zoning and Development Ordinance - Section 7
Page 7-9
e)
For adult day care facilities, at least 150 square feet of outdoor area for
seating or exemise shall be provided for each adult under care.
An appropriate transition area between the use and adjacent property shall
be provided by landscaping, screening or other site improvements
consistent with the character of the neighborhood.
g)
The facility shall meet all applicable housing, building and fire codes and
be licensed as required by the State of Minnesota.
Drive-up Facility
a) The drive-up function shall be accessory to a conforming use.
b) The use shall be served by a major collector or higher functional
classification of roadway.
c) The site shall accommodate vehicle stacking in accordance with the
provisions of this Chapter.
d) Any speaker system shall not be audible from any residentially zoned
property or any residential use.
Drop-in Facility
The use shall be located at least 3000 feet from all existing drop-in
facilities, consignment/secondhand stores, currency exchanges and
pawnshops.
b)
The use shall conspicuously post legible signs at the public entrance(s)
advising patrons of the hours of operation of the facility and its meal
service, if applicable.
c)
A waiting area for clients shall be provided which shall be available to
clients one (1) hour prior to the posted opening of the use and shall include
toilet facilities.
d) Trash receptacles shall be located at the public entrances.
e)
The premises, all adjacent streets, sidewalks and alleys, and all sidewalks
and alleys within 100 feet of the use shall be inspected regularly for the
purposes of removing litter found thereon.
Employment Agencies - Temporary (Day Labor)
City of Columbia Heights
Zoning and Development Ordinance - Section 7
Page 7-10
a)
b)
c)
a)
The use shall be located at least 3000 feet from all existing temporary
employment agencies, consignment/secondhand stores, currency
exchanges and pawnshops.
Firearms Dealer/Shooting Range
The use shall be located at least 300 feet from any residentially zoned property or
any residential use.
The use shall be located at least 500 feet from the following protected uses:
licensed daycare facility; public or private educational facility classified as an
elementary, middle or junior high or senior high school; public library; public
park; or religious institution or place of worship.
No firearms or ammunition shall be displayed in window areas or any area where
they can be viewed from any public street or sidewalk.
Food Service, Convenience (Fast Food)
The use shall be served by a major collector or higher functional
classification of roadway.
b)
A landscape buffer with a minimum depth of 10 feet shall be installed and
maintained along all abutting public rights-of-way.
c)
A transportation management plan shall be submitted to address off-street
parking, bus loading and unloading, traffic control, and the impact of the
facility on surrounding roadways.
d)
The premises, all adjacent streets, sidewalks and alleys, and all sideWalks
and alleys within 100 feet of the use shall be inspected regularly for the
purposes of removing any litter found thereon.
e)
Curb cuts shall be located no less than 50 feet from the intersecting right-
of-way line on collector roadways and no less than 80 feet from the
intersecting right-of-way line on arterial roadways.
0
A drive-up facility shall also be subject to the standards for a drive-up
facility.
Food Service, Limited (Coffee Shop/Deli/Bakery/Etc)
Music or amplified sounds shall not be audible from adjacent residential
uses.
City of Columbia Heights
Zoning and Development Ordinance - Section 7
Page 7-11
b)
The premises, all adjacent streets, sidewalks and alleys, and all sidewalks
and alleys within 100 feet of the use shall be inspected regularly for the
purposes of removing litter found thereon.
Food Service, Full-Service (Restaurant/Nightclub)
Where alcoholic beverages are served, not less than sixty (60) percent of
the total gross sales revenue shall be from the sale of food and non-
alcoholic beverages.
b)
Music or amplified sounds shall not be audible from adjacent residential
uses.
c)
The premises, all adjacent streets, sidewalks and alleys, and all sidewalks
and alleys within 100 feet of the use shall be inspected regularly for the
purposes of removing litter found thereon.
Freight Terminal
Loading and unloading activities shall be located no less than 200 feet
from any residential zoning district or residential use.
b)
Overnight facilities for drivers shall provide on-site management 24 hours
a day. The name and telephone number of the on-site manager shall be
filed with the City.
Funeral Home
The use shall be served by a minor collector or higher functional
classification of roadway.
b)
An appropriate transition area between the use and adjacent property shall
be provided by landscaping, screening or other site improvements
consistent with the character of the neighborhood.
Hospital
The use shall be served by a minor collector or higher functional
classification of roadway.
b)
Emergency vehicle access shall not be adjacent to or located across the
street from any residential use.
c)
An appropriate transition area between the use and adjacent property shall
be provided by landscaping, screening or other site improvements
consistent with the character of the neighborhood.
City of Columbia Heights
Zoning and Development Ordinance - Section 7
Page 7-12
Multi-family in CBD
a)
b)
c)
The residential use is secondary to and located above the ground floor
commercial use.
The maximum number of units allowed shall be limited to the area of the
parcel divided by 2000, times the number of floors above the ground floor
commercial use.
A minimum of one parking space shall be provided per residential unit
within 400 feet of the most commonly used entrance.
Nursing Home
a)
b)
c)
The use shall be served by a minor collector or higher functional
classification of roadway.
On-site services shall be for residents of the facility only.
An appropriate transition area between the use and adjacent property shall
be provided by landscaping, screening or other site improvements
consistent with the character of the neighborhood.
Outdoor Sales/Display
a)
b)
c)
d)
e)
0
g)
h)
The outdoor sales/display use shall be accessory to a commercial use.
All outdoor sales/display areas shall meet the setback requirements for a
principal structure in the zoning district in which it is located.
Outdoor sales/display areas within the public right-of-way are prohibited.
A landscape buffer with a minimum depth of 10 feet shall be installed and
maintained along all abutting public rights-of-way.
All goods shall be displayed in a designated area that is hard-surfaced.
All goods shall be displayed in an orderly fashion, with access aisles
provided as needed.
Music or amplified sounds shall not be audible from adjacent residential
properties.
The outdoor sales/display area shall not reduce the amount of off-street
parking provided on site below the level required for the principal use.
City of Columbia Heights
Zoning and Development Ordinance - Section 7
Page 7-13
i)
An appropriate transition area between the use and adjacent property shall
be provided by landscaping, screening or other site improvements
consistent with the character of the neighborhood.
Outdoor Storage
The outdoor storage area shall be accessory to a commercial or industrial
use.
b) Outdoor storage within the public right-of-way is prohibited.
c) All outdoor storage areas shall meet the setback requirements for a
principal structure in the zoning district in which the use is located.
d)
Outdoor storage areas shall be located in rear yards or in the side yard
behind the front building line of the principal structure.
e)
The storage area shall be fenced and screened from adjacent uses and the
public right-of-way. Required screening shall consist of a fence, wall,
earth berming and/or vegetation no less than six (6) feet in height and no
less than 80% opaque on a year around basis.
f)
All goods, materials and equipment shall be stored on an impervious
surface.
g)
All goods, materials and equipment shall be stored in an orderly fashion,
with access aisles of sufficient width to accommodate emergency vehicles
as needed.
h) The height of materials stored, excluding operable vehicles and
equipment, shall not exceed the height of the screening provided.
Parking Ramp
Parking ramp structures shall meet the setback requirements for a principal
structure in the zoning district in which the use is located.
b) Exterior fa9ade materials shall be compatible with surrounding buildings.
Pawnshop
The use shall be located at least 3000 feet from all existing pawnshops,
currency exchanges and consignment/secondhand stores.
City of Columbia Heights
Zoning and Development Ordinance - Section 7
Page 7-14
b)
c)
The window and door area of any existing first floor fagade along a public
street or sidewalk shall not be reduced, nor shall changes be made to such
windows and doors that block views into and out of the building at eye
level.
For new construction, at least thirty (30) percent of the first floor fagade
along a public street or sidewalk shall be windows or doors of clear or
lightly tinted glass that allows views into and out of the building at eye
level.
d)
The use of bars, chains or similar security devices that are visible from a
public street or sidewalk shall be prohibited.
e)
All receipt, sorting and processing of goods shall occur within a
completely enclosed building.
0
The premises, all adjacent streets, sidewalks and alleys, and all sidewalks
and alleys within 100 feet of the use shall be inspected regularly for the
purposes of removing litter found thereon.
Recreational Vehicle Sales
The use shall be served by a major collector or higher classification of
roadway.
b)
Outdoor vehicle display areas shall meet the setback requirements for a
principal structure in the zoning district in which the use is located.
c) Outdoor vehicle display areas within the public right-of-way are
prohibited.
d)
A landscape buffer with a minimum depth of 10 feet shall be installed and
maintained along all abutting public rights-of-way.
Outdoor vehicle display shall be within a designated area that is hard-
surfaced.
0
Outdoor vehicle display shall be in an orderly fashion, with access aisles
provided as needed.
g)
Music or amplified sounds shall not be audible from adjacent residential
properties.
h)
Outdoor vehicle display shall not reduce the amount of off-street parking
provided on site below the level required for the principal use.
City of Columbia Heights
Zoning and Development Ordinance - Section 7
Page 7-15
i)
An appropriate transition area between the use and adjacent property shall
be provided by landscaping, screening or other site improvements
consistent with the character of the neighborhood.
J)
Fuel pumps for the purpose of retail sale and dispensing of fuel to the
general public shall be prohibited. If the use includes dispensing of fuel
for the automobiles maintained on site, the use shall employ best
management practices regarding the venting of odors, gas and fumes.
Such vents shall be located a minimum of ten (10) feet above grade and
shall be directed away from residential uses. All storage tanks shall be
equipped with vapor-tight fittings to eliminate the escape of gas vapors.
Recreational Facility, Indoor
The use shall be served by a minor collector or higher classification of
roadway.
b)
The parcel upon which the use is located shall have a lot area no less than
four (4) times the area of the building footprint.
c)
To the extent practical, new construction or additions to existing buildings
shall be complementary and compatible with the scale and character of the
surroundings and exterior materials shall be compatible with those used in
the immediate neighborhood.
d)
An appropriate transition area between the use and adjacent property shall
be provided by landscaping, screening or other site improvements
consistent with the character of the neighborhood.
Recreational Facility, Outdoor
The use shall be served by a minor collector or higher classification of
roadway.
b) The site shall be no less than five (5) acres in size.
c)
The principal use of the site shall be the outdoor recreation facility, except
for athletic fields that are accessory to an educational or community
facility.
d)
The use shall be situated in such a way as to minimize the effects of
lighting and noise on surrounding properties.
e)
An appropriate transition area between the use and adjacent property shall
be provided by landscaping, screening or other site improvements
consistent with the character of the neighborhood.
City of Columbia Heights
Zoning and Development Ordinance - Section 7
Page 7-16
The premises, all adjacent streets, sidewalks and alleys, and all sidewalks
and alleys within 100 feet of the use shall be inspected regularly for the
purposes of removing litter found thereon.
Religious Institution/Place Of Worship
The facility shall be served by a minor collector or higher functional
classification of roadway.
b)
The parcel upon which the use is located shall have a lot area no less than
four (4) times the area of the building footprint.
c)
To the extent practical, new construction or additions to existing buildings
shall be complementary and compatible with the scale and character of the
surroundings and exterior materials shall be compatible with those used in
the immediate neighborhood.
d)
e)
An appropriate transition area between the use and adjacent property shall
be provided by landscaping, screening or other site improvements
consistent with the character of the neighborhood.
All accessory residential, school or day care uses shall be subject to the
provisions of this Chapter.
Residential Care Facility
The use shall be located at least one-fourth (1/4) mile (1,320 feet) from all
existing residential care facilities or correctional residential care facilities,
regardless of the licensing status of such facilities.
b)
The use shall not be located in a two-family or multiple family dwelling
unless it occupies the entire structure.
c)
The facility shall be located on a parcel meeting the minimum lot size for
a single family dwelling plus an area of 300 square feet for each resident
over six (6). The maximum number of residents may be specified as a
condition of the conditional use permit in order to meet this requirement.
d) On-site services shall be for residents of the facility only.
e) The building and any exterior fenced areas shall meet the setback
requirements of the zoning district in which the use in located.
f) To the extent practical, all new construction or additions to existing
buildings shall be compatible with the scale and character of the
City of Columbia Heights
Zoning and Development Ordinance - Section 7
Page 7-17
surroundings, and exterior building materials shall be compatible with
other buildings in the neighborhood.
g)
An appropriate transition area between the use and adjacent property shall
be provided by landscaping, screening and other site improvements
consistent with the character of the neighborhood.
The primary purpose of the facility cannot be to treat juveniles who have
violated criminal statutes relating to sex offenses or who have been
adjudicated delinquent on the basis of conduct in violation of criminal
statutes relating to sex offenses.
i)
The facility shall not provide accommodations to treat persons whose
tenancy would constitute a direct threat to the health and safety of other
individuals.
J)
The facility shall not accept court ordered referrals for treatment in lieu of
incarceration without adequate security.
k)
The facility shall meet all applicable housing, building and fire codes and
be licensed as required by the State of Minnesota.
l)
If the size, location, licensing or purpose of the facility changes, a new or
amended conditional use permit may be required.
Residential Care Facility, Correctional
The use shall be located at least one-fourth (1/4) mile (1,320 feet) from all
existing residential care facilities and correctional residential care
facilities, regardless of the licensing status of such facilities.
b)
The use shall not be located in a two-family or multiple family dwelling
unless it occupies the entire structure.
c)
The facility shall be located on a parcel meeting the minimum lot size for
a single family dwelling plus an area of 300 square feet for each resident
over six (6). The maximum number of residents may be specified as a
condition of the conditional use permit in order to meet this requirement.
d) On-site services shall be for residents of the facility only.
e) The building and any exterior fenced areas shall meet the setback
requirements of the zoning district in which the use in located.
City of Columbia Heights
Zoning and Development Ordinance - Section 7
Page 7-18
To the extent practical, all new construction or additions to existing
buildings shall be compatible with the scale and character of the
surroundings, and exterior building materials shall be compatible with
other buildings in the neighborhood.
g)
An appropriate transition area between the use and adjacent property shall
be provided by landscaping, screening and other site improvements
consistent with the character of the neighborhood.
The facility shall meet all applicable housing, building and fire codes and
be licensed as required by the State of Minnesota.
i)
If the size, location, licensing or purpose of the facility changes, a new or
amended conditional use permit may be required.
Salvage Operation/Transfer Station
The use shall be located at least 500 feet from any residentially zoned
property or any residential use.
b)
The use must comply with the minimum standards for operation, safety,
storage and all waste management as identified in the most current version
of MPCA Motor Vehicle Salvage Facility Environmental Compliance
Manual or successor manual.
c)
The use must be served by a minor collector or higher fimctional
classification of roadway.
d)
Buildings, parking areas, loading areas and any exterior storage shall meet
the setback requirements for a principal structure in the zoning district in
which the use is located.
e)
No vehicles or vehicle parts may be placed within the public right-of-way
or on public property.
Exterior storage shall be limited to a maximum height of 12 feet and shall
be fully screened so that items stored do not exceed the height of the
screening provided.
g)
An environmental management plan, including a storm water management
and drainage plan, shall be submitted to address the impact of the facility
on the environment.
h)
The salvage facility operator shall maintain a written record of all vehicles
received, including the date received, date when fluids were removed and
date removed from the facility. The record shall also include the vehicle
City of Columbia Heights
Zoning and Development Ordinance - Section 7
Page 7-19
identification number, make and model and shall be initiated on the date
the vehicle is received at the facility.
i)
All fluids, including but not limited to motor oil, transmission and/or
transfer case lubricants, differential lubricants, fuel, antifreeze, refrigerants
and window washing fluids shall be removed fi.om the vehicle within three
(3) days of receipt.
J)
All lead acid batteries, mercury containing devices and other hazardous
materials shall be removed fi.om the vehicle within three (3) days of
receipt.
k)
On-site burning of trash, refuse, garbage or other waste materials is
prohibited.
1)
Salvage of materials by fire, burning, explosives or chemical
decomposition is prohibited.
School, K-12
The use shall include a regular course of study accredited by the State of
Minnesota.
b)
The site shall be served by a major collector or higher classification of
roadway.
c)
The parcel upon which the use is located shall have a lot area no less than
four (4) times the area of the building footprint.
d)
A transportation management plan shall be submitted to address off-street
parking, bus loading and unloading, traffic control, and the impact of the
facility on surrounding roadways.
e)
To the extent practical, all new construction or additions to existing
buildings shall be complementary and compatible with the scale and
character of the surroundings and exterior materials shall be compatible
with those used in the immediate neighborhood.
An appropriate transition area between the use and adjacent property shall
be provided by landscaping, screening or other site improvements
consistent with the character of the neighborhood.
City of Columbia Heights
Zoning and Development Ordinance - Section 7
Page 7-20
School, Vocational/Business
The site shall be served by a minor arterial or higher classification of
roadway.
h)
The parcel upon which the use is located shall have a lot area no less than
four (4) times the area of the building footprint.
c)
A master plan shall be submitted that describes proposed physical
development for the next five (5) years and for the following five (5)
years. Said plan shall include a description of proposed development
phases and plans, development priorities, the probable sequence of
proposed development, estimated dates of construction and the anticipated
interim use of property waiting to be developed.
d)
A transportation management plan shall be submitted to address off-street
parking, bus loading and unloading, traffic control, and the impact of the
facility on surrounding roadways.
e)
New construction or additions to existing buildings shall be
complementary and compatible with the scale and character of the
surroundings and exterior materials shall be compatible with those used in
the immediate neighborhood.
An appropriate transition area between the use and adjacent property shall
be provided by landscaping, screening or other site improvements
consistent with the character of the neighborhood.
School Performing/Visual/Martial Arts
The site shall be served by a minor collector or higher classification of
roadway.
b)
A transportation management plan shall be submitted to address off-street
parking, bus loading and unloading, traffic control, and the impact of the
facility on surrounding roadways.
c)
To the extent practical, all new construction or additions to existing
buildings shall be complementary and compatible with the scale and
character of the surroundings and exterior materials shall be compatible
with those used in the immediate neighborhood.
d)
An appropriate transition area between the use and adjacent property shall
be provided by landscaping, screening or other site improvements
consistent with the character of the neighborhood.
City of Columbia Heights
Zoning and Development Ordinance - Section 7
Page 7-21
Shopping Center
a)
b)
c)
Only uses that are allowed within the zoning district in which the shopping
center is located, shall be allowed in the shopping center.
Uses that require a conditional use permit, site plan review or other land
use approval shall comply with all review and approval requirements of
this Chapter.
The premises, all adjacent streets, sidewalks and alleys, and all sidewalks
and alleys within 100 feet shall be inspected regularly for purposes of
removing any litter found thereon.
Transitional/Emergency Housing
b)
c)
d)
e)
Transitional/emergency housing shall be located at least one-fourth (1/4)
mile from all existing transitional/emergency housing.
The maximum number of persons served shall not exceed 32.
On-site services shall be for residents of the facility only, except where
part of a regimen of scheduled post-residential treatment/service.
To the extent practical, all new construction or additions to existing
buildings shall be complementary and compatible with the scale and
character of the surroundings and exterior materials shall be compatible
with those used in the immediate neighborhood.
An appropriate transition area between the use and adjacent property shall
be provided by landscaping, screening or other site improvements
consistent with the character of the neighborhood.
City of Columbia Heights
Zoning and Development Ordinance - Section 7
Page 7-22
CHAPTER 9:
SECTION 8:
LAND USE AND DEVELOPMENT
GENERAL DISTRICT PROVISIONS
9.801
(1)
(2)
Establishment of Zoning Districts.
Primary Districts. In order to carry out the purposes and provisions of this
Ordinance, all of the property within the City of Columbia Heights is hereby
divided into the following Zoning Districts:
Residential Districts
R-1 Single Family Residential District
R-2 Two-Family Residential District
R-3 Limited Multiple Family Residential District
R-4 Multiple Family Residential District
Commercial Districts
LB Limited Business District
GB General Business District
CBD Central Business District
Industrial Districts
I-1 Light Industrial District
I-2 General Industrial District
Mixed Use Planned Development District
MXD Mixed Use District
Overlay Districts. In order to carry out the purposes and provisions of this
Ordinance, property within the City of Columbia Heights may also be subject to
the following Overlay Zoning Districts:
Overlay Districts
FP Floodplain Management District
SH Shoreland Management District (Reserved)
City of Columbia Heights
Zoning and Development Ordinance - Section 8
Page 8-1
9.802
(1)
(2)
9.803
(1)
Official Zoning Map.
Designation of Map. The location and boundaries of the zoning districts
established by this Section are hereby established on the "Zoning Map of
Columbia Heights, Minnesota," dated March 2001, which is hereby adopted as
the official zoning map of the City. This map and all of the notations, references,
amendments and other information shown thereon shall have the same force and
effect as though fully set forth and described in this Ordinance.
Maintenance of Map. The Zoning Administrator shall be responsible for
maintaining the official zoning map. All amendments to the district boundaries as
shown on the map shall be recorded within a reasonable time after official
publication of the amendment. The official zoning map shall be kept in the
Community Development Department and shall be open to public inspection at all
times during which the City offices are customarily open.
District Boundaries.
Interpretation. The following roles shall be used to determine the precise location
of any zoning district or overlay district boundary, as shown on the official map:
(a)
Boundary lines shown as following or approximately following the
corporate limits shall be construed as following such limits.
(b)
Boundary lines shown as following or approximately following streets,
alleys or other public rights-of-way shall be construed as following the
centeflines of such fights-of-way.
(c)
Boundary lines shown as following or approximately following platted lot
lines or other property lines shall be construed as following such lines.
(d)
Boundary lines shown as following or approximately following railroad
lines shall be construed as following the centerline of the main tracks of
such railroad lines.
(e)
Boundary lines shown as following or approximately following shorelines
of any lakes shall be construed as following the ordinary high water level
of such lakes. In the event that the ordinary high water level changes, the
boundary shall be construed as moving with the ordinary high water level.
(0
Boundary lines shown as following or approximately following streams,
rivers or other waterways shall be construed as following the channel
centerline of such waterways. In the event that the location of such
waterway naturally moves, the boundary shall be construed as moving
with the channel centerline.
City of Columbia Heights
Zoning and Development Ordinance - Section 8
Page 8-2
(2)
(3)
(g)
Boundaries shown as separated from and parallel or approximately
parallel to any of the features listed herein shall be construed as parallel to
such features and at such distances as actually shown on the official map.
(h)
If district boundary lines do not follow any of the above described lines,
the district boundary lines are established as drawn on the zoning map and
shown by written dimension.
Property in Multiple Districts. Where a boundary line divides a lot of record
which was in single ownership at the time of enactment of this Ordinance into two
(2) or more zoning districts, any portion of such lot within fifty (50) feet of either
side of such a dividing boundary line may be used for any use of either district;
provided, however, if any portion of such lot shall extend beyond the fifty (50)
foot limitation, the boundary line as shown shall prevail.
Appeal of Interpretations. Appeals from the Zoning Administrator's
determination and questions of doubt concerning the exact location of boundary
lines shall be heard by the Board of Appeals and Adjustments.
9.804
(1)
Designation of Annexed Property.
Annexed property shall be placed in the R-l, Single Family Residential District,
unless specific action is taken at the time of annexation to designate it otherwise.
City of Columbia Heights
Zoning and Development Ordinance - Section 8
Page 8-3
CHAPTER 9:
SECTION 9:
LAND USE AND DEVELOPMENT
RESIDENTIAL DISTRICTS
9.901
Purpose. The residential zoning districts are established to preserve and enhance
the quality of living in residential neighborhoods; provide a range of housing
types and densities consistent with the Comprehensive Plan; regulate structures
and uses which may affect the character or desirability of these residential areas;
and provide directly related complementary uses that support the residential areas
while safeguarding the residential character of these areas.
9.902
General Provisions.
1)
Compliance with Applicable Regulations. Any use established in a
Residential District after the effective date of this Chapter shall comply
with all applicable local, state and federal standards for such uses.
2)
Administration. The administration and enforcement of this Section shall
be in accordance with the provisions of Section 4, Administration and
Enforcement.
3)
Non-conformities. Non-conforming uses, structures, lots and signs within
a Residential District shall be subject to the provisions of Section 5, Non-
conformities.
4)
Compliance with General Development Standards. Any use established,
expanded or modified in a Residential District after the effective date of
this Chapter shall comply with the applicable provisions of Section 6,
General Provisions.
5)
Compliance with Specific Development Standards. Any use established,
expanded or modified in a Residential District after the effective date of
this Chapter that is identified in Section 7, Specific Development
Standards, shall comply with the applicable provisions of that Section.
6)
State Licensed Residential Facility. State licensed residential facilities are
allowed in all residential districts pursuant to Minnesota State Statues
462.357.
7)
Prohibited Uses. Any use not listed as either permitted, conditional or
accessory in a particular district or any use not determined by the Zoning
Administrator to be substantially similar to a use listed as permitted,
conditional or accessory shall be prohibited in that district.
City of Columbia Heights
Zoning and Development Ordinance - Section 9
Page 9-1
9.903
Lot Dimension, Height, and Bulk Requirements. Lot area, setback, height and
lot coverage requirements for uses in the Residential Districts shall be as specified
in the following table.
R-I R-2 R-3 R-4
Minimum Lot Area
Single Family Dwelling 8~400 sq. fi. 6~500 sq. fi. 6,500 sq. fi. 6,500 sq. fl.
Two-Family Dwelling 87400 sq. fi. 8~400 sq. fi. 8~400 sq. fi.
Twinhome Dwelling 9,000 sq. ft. 9,000 sq. fi. 9~000 sq. fi.
Multiple Family Dwelling 10,000 sq. fi. 10,000 sq. fi.
Non-residential Structure 8,400 sq. fi. 6~500 sq. fi. 10~000 sq. fi. 10,000 sq. fi.
Lot Area Per Dwelling Unit
Single Family Dwelling 8,400 sq. fi. 6,500 sq. fi. 6,500 sq. fi. 6~500 sq. ft.
Two Family Dwelling 4~200 sq. fi. 4,200 sq. fi. 4,200 sq. ft.
Twinhome Dwelling 47500 sq. ft. 4,500 sq. fi. 4,500 sq. ft.
Multiple Family Dwelling
Efficiency 1,200 sq. fi. 800 sq. ft.
One bedroom 1,800 sq. ft. 1,000 sq. ft.
Two bedroom 2~000 sq. ft. 1,200 sq. ft.
Three bedroom 2,500 sq. ft. 1,500 sq. ft.
Additional bedroom 400 sq. ft. 200 sq. ft.
Congregate Living Units 400 sq. ft. 400 sq. ft.
Minimum Lot Width 70 feet 60 feet 70 feet 70 ft.
Minimum Lot Depth
Residential Building Setbacks
Front Yard 25 feet 25 feet 30 feet 15 feet
Side Yard 7 feet* 5 feet* 20 feet 10 feet
Comer Side Yard 12 feet 10 feet 30 feet 15 feet
Rear Yard 20% of lot 20% of lot 30 feet 15 feet
depth depth
Non-residential Building Setbacks
Front Yard 25 feet 25 feet 30 feet 15 feet
Side Yard 40 feet 30 feet 25 feet 10 feet
Comer Side Yard 12 feet 10 feet 30 feet 15 feet
Rear Yard 40 feet 30 feet 25 feet 10 feet
Single & Two Family Parking Setbacks
Front Yard (excluding drives/pads) 25 'feet 25 feet 30 feet 30 feet
Side Yard 3 feet 3 feet 3 feet 3 feet
Comer Side Yard 3 feet 3 feet 3 feet 3 feet
Rear Yard 3 feet 3 feet 3 feet 3 feet
Multiple Family Parking Setbacks
Front Yard 30 f~et 30 feet
Side Yard 10 feet 10 feet
Comer Side Yard 30 feet 30 feet
Rear Yard 10 feet 10 feet
Non-residential Parking Setbacks
Front Yard 25 feet 25 feet 30 feet 30 feet
Side Yard 10 feet 10 feet 10 feet 10 feet
Comer Side Yard 25 feet 25 feet 30 feet 30 feet
Rear Yard 10 feet 10 feet 10 feet 10 feet
Maximum Height
Residential structures 28 feet 28 feet 35 feet 35 feet
Non-residential structures 35 feet 35 feet 35 feet 35 feet
Non-residential Floor Area Ratio 2.2
The side yard setback for structures in excess of two (2) stories shall be increas~ to 10 feet.
City of Columbia Heights
Zoning and Development Ordinance - Section 9
Page 9-2
9.904
Zero Lot Line Setback Provisions. In the R-2, R-3 and R-4 districts, the yard
for a single family attached dwelling may be reduced to zero (0) feet, provided
that the following conditions are satisfactorily met:
1)
The wall of the dwelling unit shall be placed upon said property line in a
manner that does not encroach upon another property.
2) The applicant records all required agreements, easements and deed
restrictions against all properties that abut the zero lot line.
3)
The minimum front, side and rear building setbacks shall be applied to the
structure as a whole, rather than to individual units.
4)
The minimum lot area requirement shall be applied by dividing the sum of
the area of all parcels occupied by the structure by the total number of
dwelling units.
9.905 R-l, Single Family Residential District.
1)
Purpose. The purpose of the R-1 Single Family Residential District is to
provide appropriately located areas for detached single family dwellings
and directly related complementary uses.
2)
Permitted Uses. Except as specifically limited herein, the following uses
are permitted within the R-l, Single Family Residential District:
a)
b)
c)
d)
Single-family dwelling, detached.
State licensed residential care facility serving 6 or fewer persons.
Licensed day care facility serving 12 or fewer persons.
Licensed group family day care facility serving 14 or fewer
children.
Public parks and playgrounds.
3)
Conditional Uses. Except as specifically limited herein, the following
uses may be allowed in the R-l, Single Family Residential District,
subject to the regulations set forth for conditional uses in Section 4,
Administration and Enforcement, and the regulations for specific uses set
forth in Section 7, Specific Development Standards:
a)
b)
c)
d)
e)
0
Religious facility/place of worship
Convent or monastery, when accessory to a religious facility.
School, public or private, K-12.
Government office.
Government protective service facility.
Golf course.
City of Columbia Heights
Zoning and Development Ordinance - Section 9
Page 9-3
4)
Permitted Accessory Uses. Except as specifically limited herein, the
following accessory uses shall be in the R-l, Single Family Residential
District:
a)
b)
c)
d)
e)
f)
g)
h)
Private garages, carports and parking spaces.
Accessory buildings.
Home occupations.
Boarding or renting of rooms to not more than two (2) persons.
Private swimming pools, tennis courts and other recreational
facilities operated for the sole use and convenience of the residents
of the principal use and their guests.
Decorative landscaping, Gardening and other horticultural uses.
Temporary construction buildings.
Signs as regulated by Section 6 of this Chapter.
9.906 R-2, Two Family Residential District.
Purpose. The purpose of the R-2 Two Family Residence District is to
provide appropriately located areas for single-family dwellings, two
family dwellings (duplexes) and directly related complementary uses.
Permitted Uses. Except as specifically limited herein, the following uses
are permitted within the R-2, Single Family Residential District:
a)
b)
c)
d)
e)
g)
Single-family dwelling, detached.
Two-family dwelling.
Twinhome dwelling.
State licensed residential care facility serving 6 or fewer persons.
Licensed day care facility serving 12 or fewer persons.
Licensed group family day care facility serving 14 or fewer
children.
Public parks and playgrounds.
Conditional Uses. Except as specifically limited herein, the following uses
may be allowed in the R-2, Two Family Residential District, subject to the
regulations set forth for conditional uses in Section 4, Administration and
Enforcement, and the regulations for specific uses set forth in Section 7,
Specific Development Standards:
a) Religious facility/place of worship.
b) Convent or monastery, when accessory to a religious facility.
c) School, public or private, K-12.
d) Government office.
e) Government protective service facility.
City of Columbia Heights
Zoning and Development Ordinance - Section 9
P~e94
0
g)
Golf course.
Off-street parking for an adjacent conforming commercial or
industrial use, provided the lots are under common ownership, is
not separated by a public right of way and front on the same public
right-of-way.
9.907
Permitted Accessory Uses. Except as specifically limited herein, the
following accessory uses shall be in the R-2, Two Family Residential
District:
a) Private garages, carports and parking spaces.
b) Accessory buildings.
c) Home occupations.
d) Boarding or renting of rooms to not more than two (2) persons.
e) Private swimming pools, tennis courts and other recreational
facilities operated for the sole use and convenience of the residents
of the principal use and their guests.
f) Decorative landscaping, Gardening and other horticultural uses.
g) Temporary construction buildings.
h) Signs as regulated by Section 6 of this Chapter.
R-3, Limited Multiple Family Residential District.
Purpose. The purpose of the R-3 Limited Multiple Family Residential
District is to provide appropriately located areas for small lot single family
dwellings, multiple family dwellings with up to eight units per structure
(town homes, condominiums and apartments), congregate living
arrangements and directly related complementary uses.
Permitted Uses. Except as specifically limited herein, the following uses
are permitted within the R-3, Limited Multiple Family Residential
District:
a) Single-family dwelling, detached.
b) Two-family dwelling.
c) Twinhome dwelling.
d) Town home dwelling with up to eight units per structure.
e) Multiple family dwelling with up to eight units per structure.
f) State licensed residential care facility serving 6 or fewer persons.
g) Licensed day care facility serving 12 or fewer persons.
h) Licensed group family day care facility serving 14 or fewer
children.
i) Public park and/or playground.
City of Columbia Heights
Zoning and Development Ordinance - Section 9
Page 9-5
4)
Conditional Uses. Except as specifically limited herein, the following uses
may be allowed in the R-3, Limited Multiple Family Residential District,
subject to the regulations set forth for conditional uses in Section 4,
Administration and Enforcement, and the regulations for specific uses set
forth in Section 7, Specific Development Standards:
a) Religious facility/place of worship.
b) Convent or monastery, when accessory to a religious facility.
c) School, public orprivate, K-12.
d) Govemment office.
e) Government protective service facility.
f) 'Off-street parking for an adjacent conforming commercial or
industrial use, provided the lots are under common ownership, is
not separated by a public right of way and front on the same public
right-of-way.
g) State licensed residential care facility serving 7 to 16 persons.
h) Licensed day care facility serving more than 12 persons.
i) Congregate living facilities, including rooming houses, group
living quarters, nursing homes, senior housing, assisted living
facilities, transitional housing and emergency housing
j) Bed and breakfast home, when accessory to a single-family
dwelling.
k) Community center.
1) Recreational facility, indoor.
m) Recreational facility, outdoor.
n) Day care center, adult or child.
Permitted Accessory Uses. Except as specifically limited herein, the
following accessory uses shall be in the R-3, Limited Multiple Family
Residential District:
a) Private garages, carports and parking spaces.
b) Accessory buildings.
c) Home occupations.
d) Boarding or renting of rooms to not more than two (2) persons.
e) Private swimming pools, tennis courts and other recreational
facilities operated for the sole use and convenience of the residents
of the principal use and their guests.
f) Decorative landscaping, Gardening and other horticultural uses.
g) Temporary construction buildings.
h) Signs as regulated by Section 6 of this Chapter.
City of Columbia Heights
Zoning and Development Ordinance - Section 9
Page 9-6
9.908 R-4, Multiple Family Residential District ~'~
1)
Purpose. The purpose of the R-4 Multiple Family Residential District is
to provide for appropriately located areas for high density multiple family
dwellings, congregate living arrangements and directly related
complementary uses.
2)
Permitted Uses. Except as specifically limited herein, the following uses
are permitted within the R-4, Multiple Family Residential District:
a) Single-family dwelling, detached.
b) Two-family dwelling.
c) Twinhome dwelling.
d) Town home dwelling with up to eight units per structure.
e) Multiple family dwelling.
f) State licensed residential care facility serving 6 or fewer persons.
g) Licensed day care facility serving 12 or fewer persons.
h) Licensed group family day care facility serving 14 or fewer
children.
i) Public park and/or playground.
3)
Conditional Uses. Except as specifically limited herein, the following uses
may be allowed in the R-4, Multiple Family Residential District, subject to
the regulations set forth for conditional uses in Section 4, Administration
and Enforcement, and the regulations for specific uses set forth in Section
7, Specific Development Standards:
a)
b)
c)
d)
e)
f)
g)
h)
i)
J)
1)
m)
Religious facility/place of worship.
Convent or monastery, when accessory to a religious facility.
School, public or private, K-12.
School, vocational or business.
Licensed day care facility serving more than 12 persons.
Government office.
Government protective service facility.
Off-street parking for an adjacent conforming commercial or
industrial use, provided the lots are under common ownership, is
not separated by a public right of way and front on the same public
right-of-way.
State licensed residential care facility serving more than 6 persons.
Congregate living facilities, including rooming houses, group
living quarters, nursing homes, senior housing, assisted living
facilities, transitional housing and emergency housing
Bed and breakfast home, when accessory to a single-family
dwelling.
Community center.
Recreational facility, indoor.
City of Columbia Heights
Zoning and Development Ordinance - Section 9
Page 9-7
4)
n)
o)
p)
Recreational facility, outdoor.
Day care center, adult or child.
Manufactured home park.
Permitted Accessory Uses. Except as specifically limited herein, the
following accessory uses shall be in the R-4, Multiple Family Residential
District:
a) Private garages, carports and parking spaces.
b) Accessory buildings.
c) Home occupations.
d) Boarding or renting of rooms to not more than two (2) persons.
e) Private swimming pools, tennis courts and other recreational facilities
operated for the sole use and convenience of the residents of the
principal use and their guests.
f) Decorative landscaping, Gardening and other horticultural uses.
g) Temporary construction buildings.
h) Signs as regulated by Section 6 of this Chapter.
City of Columbia Heights
Zoning and Development Ordinance - Section 9
Page 9-8
CHAPTER 9:
SECTION 10:
LAND USE AND DEVELOPMENT
COMMERCIAL DISTRICTS
9.1001
9.1002
Purpose. The commercial districts are established to provide for a wide range of
goods and services in locations throughout the community; provide employment
oppommities; and enhance the livability of the community by providing
convenient access to goods and services.
General Provisions.
l)
Compliance with Applicable Regulations. Any use established in a
Commercial District after the effective date of this Chapter shall comply
with all applicable local, state and federal standards for such uses.
2)
Administration. The administration and enforcement of this Section shall
be in accordance with the provisions of Section 4, Administration and
Enforcement.
3)
Non-conformities. Non-conforming uses, structures, lots and signs within
a Commercial District shall be subject to the provisions of Section 5, Non-
Conformities.
4)
Compliance with General Development Standards. Any use established,
expanded or modified in a Commercial District after the effective date of
this Chapter shall comply with the applicable provisions of Section 6,
General Development Standards.
5)
Compliance with Specific Development Standards. Any use established,
expanded or modified in a Commercial District after the effective date of
this Chapter shall comply with the applicable provisions of Section 7,
Specific Development Standards.
6)
Prohibited Uses. Any use not listed as either permitted, conditional or
accessory in a particular district or any use not determined by the Zoning
Administrator to be substantially similar to a use listed as permitted,
conditional or accessory shall be prohibited in that district.
City of Columbia Heights
Zoning and Development Ordinance - Section 10
Page 10-1
9.1003 Lot Dimension, Height, and Bulk Requirements. Lot area, setback, height and
lot coverage requirements for uses in the Commercial Districts shall be as
specified in the following table.
LB GB CBD
Minimum Lot Area 6,000 sq. ft. 6,000 sq. ft.
Minimum Lot Width 50 feet 40 feet 20 feet
Minimum Lot Depth
Lot Area Per Dwelling Unit
Single Family Dwelling 6~500 sq. ft.
Multiple Family Dwelling
Efficiency 1,200 sq. ft. 1~200 sq. ft.
One bedroom 1,800 sq. ft. 1,800 sq. ft.
Two bedroom 2,000 sq. ft. 2,000 sq. ft.
Three bedroom 2,500 sq. ft. 2,500 sq. ft.
Additional bedroom 400 sq. ft. 400 sq. ft.
Congregate Living Units 400 sq. ft. 400 sq. ft.
Hotel or motel 400 sq. ft.
Hospital 600 sq. ft.
Building Setback Requirements
Front Yard 12 feet 15 feet 1 foot
Side Yard 15 feet None None
Comer Side Yard 10 feet 15 feet 1 foot
Rear Yard 20 feet 20 feet 10 feet
Parking Setback Requirements
Front Yard 12 feet 15 feet 1 foot
Side Yard 5 feet 5 feet None
Comer Side Yard 12 feet 15 feet 1 foot
Rear Yard 5 feet 5 feet 5 feet
Maximum Height 35 feet 35 feet
Maximum Lot Coverage
Floor Area Ratio 1.0 6.0
9.1004 LB, Limited Business District.
1)
Purpose. The purpose of the LB, Limited Business District is to provide
appropriate locations for limited retail sales and services for the
convenience of adjacent residential neighborhoods. These areas are
located along collector or arterial roadways in close proximity to
residential neighborhoods, arranged and designed to be a functional and
harmonious part of the neighborhood, and accessible by public sidewalks
or trails as well as by roadways.
2)
Permitted Uses. Except as specifically limited herein, the following uses
are permitted within the LB, Limited Business District.
a)
b)
c)
d)
City of Columbia Heights
Multiple family dwelling.
Government office.
Government protective service facility.
Public park and/or playground.
Zoning and Development Ordinance- Section 10
page 10-2
e)
f)
g)
h)
i)
J)
Clinic, medical or dental.
Clinic, veterinary.
Funeral home.
Office, not exceeding 4,000 square feet in area.
Studio, professional.
Service, professional.
3)
Conditional Uses. Except as specifically limited herein, the following
uses may be allowed in the LB, Limited Business District, subject to the
regulations set forth for conditional uses in Section 4, Administration and
Enforcement, and the regulations for specific uses set forth in Section 7,
Specific Development Standards:
a)
b)
c)
d)
e)
0
g)
h)
i)
J)
k)
1)
m)
n)
o)
P)
q)
r)
s)
Religious facility/place of worship.
Convent or monastery, when accessory to a religious facility.
School, public or private, K-12.
School, vocational or business.
School, performing/visual/martial arts.
Licensed day care facility, child or adult.
Government maintenance facility.
State licensed residential care facility.
Congregate living facility, including rooming houses, group living
quarters, nursing homes, senior housing, assisted living facility,
traditional housing and emergency housing.
Bed and breakfast home, when accessory to a single-family
dwelling.
Community center.
Recreational facility, indoor.
Recreational facility, outdoor.
Single family dwelling, when accessory to a commercial use.
Food service, limited (coffee shop/deli).
Hospital.
Museum/gallery.
Retail sales, not exceeding 2,500 square feet in area.
Hotel or motel.
4)
Permitted Accessory Uses. Except as specifically limited herein, the
following accessory uses shall be permitted in the LB, Limited Business
District:
a)
b)
c)
d)
Private garages, parking spaces and loading areas.
Accessory buildings.
Private swimming pools, tennis courts and other recreational
facilities operated for the sole use and convenience of the residents
of the principal use and their guests.
Landscaping and other horticultural uses.
City of Columbia Heights
Zoning and Development Ordinance - Section 10
Page 10-3
e)
0
Temporary construction buildings.
Signs as regulated by Section 6 of this Chapter.
9.1005 GB, General Business District.
1)
Purpose. The purpose of the GB General Business District is to provide
appropriate locations for general retail sales, services and other
commercial developments that benefit from their proximity to other
commercial uses. These areas are located away from residential
neighborhoods, along arterial roadways and are accessible primarily by
automobile.
2)
Permitted Uses. Except as specifically limited herein, the following uses
are permitted within the GB, General Business District:
a)
b)
c)
d)
e)
f)
g)
h)
i)
J)
k)
1)
m)
n)
o)
P)
q)
r)
s)
t)
u)
v)
w)
x)
y)
z)
aa)
bb)
cc)
rd)
Community center.
Government office.
Government protective service facility.
Public park and/or playground.
Recreational facility, indoor.
Recreational facility, outdoor.
School, vocational or business.
School, performing/visual/martial arts.
Auditorium/place of assembly.
Automobile convenience facility.
Automobile repair, minor.
Automobile sales/rental.
Banquet hall.
Billiards hall.
Bowling alley.
Car wash.
Clinic, medical or dental.
Clinic, veterinary.
Day care facility, adult or child.
Financial institution.
Food service, convenience (fast food).
Food service, limited (coffee shop/deli),
Food service, full service (restaurant/nightclub).
Funeral home.
Greenhouse/garden center.
Health or fitness club.
Hotel/motel.
Laboratory, medical.
Liquor store, off-sale.
Museum or gallery.
City of Columbia Heights
Zoning and Development Ordinance - Section 10
Page 10-4
ee)
fO
gg)
hh)
ii)
J J)
11)
mm)
Office.
Recreational vehicle sales.
Retail sales.
Service, professional.
Shopping center.
Studio, professional.
Studio, radio and television.
Theater, live performance.
Theater, movie.
3)
Conditional Uses. Except as specifically limited herein, the following
uses may be allowed in the GB, General Business District, subject to the
regulations set forth for conditional uses in Section 4, Administration and
Enforcement, and the regulations for specific uses set forth in Section 7,
Specific Development Standards:
a)
b)
c)
d)
e)
f)
g)
h)
i)
J)
k)
1)
m)
n)
Government maintenance facility.
Arcade.
Firearms dealer/Shooting range.
Hospital.
Outdoor sales or display.
Outdoor storage.
Parking ramp.
Assembly, manufacturing and/or processing.
Printing and/or publishing.
Consignment/Secondhand store.
Club or lodge.
Currency exchange.
Pawnshop.
Drop-in Facility.
4)
Permitted Accessory Uses. Except as specifically limited herein, the
following accessory uses shall be permitted in the GB, General Business
District:
a)
b)
c)
d)
e)
0
Private garages, parking spaces and loading areas.
Accessory buildings.
Landscaping and other horticultural uses.
Incidental repair or processing necessary to conduct the permitted
principal use, provided the accessory use does not exceed 30
percent of the floor area.
Temporary construction buildings.
Signs as regulated by Section 6 of this Chapter.
9.1006 CBD, Central Business District.
City of Columbia Heights
Zoning and Development Ordinance - Section 10
Page 10-5
1)
Purpose. The purpose of the CBD, Central Business District is to provide
for the development and redevelopment of the established downtown core,
including a mix of retail, financial, office, service and entertainment uses.
Residential units are allowed within this district when located above a first
floor commercial use.
2)
Permitted Uses. Except as specifically limited herein, the following uses
are permitted within the CBD, Central Business District:
a) Multiple family residential, when located above a first floor
commercial use.
Community center.
Government offices.
Govemment protective services facility.
Public parks and/or playgrounds.
Recreational facility, indoor.
Recreational facility, outdoor.
School, vocational or business.
School, performing/visual/martial arts.
Auditorium/place of assembly.
Banquet hall.
Billiards hall.
Bowling alley.
Clinic, medical or dental.
Clinic, veterinary.
Licensed day care facility, adult or child.
Financial institution.
Food service, convenience (fast food).
Food service, limited (coffee shop/deli).
Food service, full service (restaurant/nightclub).
Health or fitness center.
Hotel or motel.
Laboratory, medical.
Liquor store, off-sale.
Museum or gallery.
Office.
Retail sales.
Service, professional.
Studio, professional.
Studio, radio or televisions.
Theater, live performance.
Theater, move.
b)
c)
d)
e)
0
g)
h)
i)
J)
k)
1)
m)
n)
o)
p)
q)
r)
s)
t)
u)
v)
w)
x)
y)
z)
aa)
bb)
cc)
dd)
ce)
fO
3)
Conditional Uses. Except as specifically limited herein, the following uses
may be allowed in the CBD, Central Business District, subject to the
City of Columbia Heights
Zoning and Development Ordinance - Section 10
Page 10-6
4)
regulations set forth for conditional uses in Section 4, Administration and
Enforcement, and the regulations for specific uses set forth in Section 7,
Specific Development Standards:
a)
b)
c)
d)
e)
0
g)
Government maintenance facility.
Arcade.
Automobile repair, minor.
Outdoor sales and/or display.
Outdoor storage.
Parking ramp.
Club or lodge.
Permitted Accessory Uses. Except as specifically limited herein, the
following accessory uses shall be permitted in the CBD, Central Business
District:
a)
b)
c)
d)
e)
Private garages, parking spaces and loading areas.
Landscaping and other horticultural uses.
Incidental repair or processing necessary to conduct the permitted
principal use, provided the accessory use does not exceed 30
percent of the floor area.
Temporary construction buildings.
Signs as regulated by Section 6 of this Chapter.
City of Columbia Heights
Zoning and Development Ordinance - Section 10
Page 10-7
CHAPTER 9:
SEC TION 11:
LAND USE AND DEVELOPMENT
INDUSTRIAL DISTRICTS
9.1101 Purpose. The industrial districts are established to enhance the community's tax
base; provide employment opportunities; and accommodate industrial
development while maintaining compatibility with surrounding areas.
9.1102 General Provisions.
Compliance with Applicable Regulations. Any use established in an
Industrial District after the effective date of this Chapter shall comply will
all applicable local, state and federal standards for such uses.
Administration. The administration and enforcement of this Section shall
be in accordance with the provisions of Section 4, Administration and
Enforcement.
Non-conformities. Non-conforming uses, structures, lots and signs within
an Industrial District shall be subject to the provisions of Section 5, Non-
conformities.
Compliance with General Development Standards. Any use established,
expanded or modified in an Industrial District after the effective date of
this Chapter shall comply with the applicable provisions of Section 6,
General Development Standards.
5)
Compliance with Specific Development Standards. Any use established,
expanded or modified in an Industrial District after the effective date of
this Chapter that is identified in Section 7, Specific Development
Standards, shall comply with the applicable provisions of that Section.
6)
Prohibited Uses. Any use not listed as either permitted, conditional or
accessory in a particular district or any use not determined by the Zoning
Administrator to be substantially similar to a use listed as permitted,
conditional or accessory shall be prohibited in that district.
City of Columbia Heights
Zoning and Development Ordinance - Section 11
Page 11-1
9.1103 Lot Dimension, Height, and Bulk Requirements. Lot area, setback, height and
lot coverage requirements for uses in the Industrial Districts shall be as specified
in the following table.
I-1 I-2
Minimum Lot Area 10~000 sq. ft. 10,000 sq. ft.
Minimum Lot Width 80 feet 80 feet
Minimum Lot Depth
Building Setback Requirements
Front Yard 20 feet 20 feet
Side Yard 12 feet 12 feet
Comer Side Yard 15 feet 15 feet
Rear Yard 24 feet 24 feet
Parking Setback Requirements
Front Yard 20 feet 20 feet
Side Yard 5 feet 5 feet
Comer Side Yard 20 feet 20 feet
Rear Yard 5 feet 5 feet
Maximum Height
Maximum Lot Coverage
Floor Area Ratio 1.0 1.0
9.1104 I-1, Light Industrial District.
1)
Purpose. The purpose of the I-1, Light Industrial District is to provide
appropriate locations for industrial enterprises engaged in activities such
as assembly, storage, warehousing and light manufacturing and further
processing of materials first handled by general industry. These areas are
located with easy access to arterial roadways and should be separated from
residential uses by natural or manmade barriers.
2)
Permitted Uses. Except as specifically limited herein, the following uses
are permitted within the I-1, Light Industrial District:
a)
b)
c)
d)
e)
0
g)
h)
i)
J)
k)
1)
m)
City of Columbia Heights
Zoning and Development
Community center.
Government office.
Government maintenance facility.
Government protective service facility.
Public park and/or playground.
Recreational facility, indoor.
Recreational facility, outdoor.
Automobile repair, major.
Automobile repair, minor.
Laboratory, medical.
Office.
Studio, radio or television.
Assembly, manufacturing and/or processing.
Ordinance - Section 11
Page 11-2
n)
o)
P)
q)
r)
s)
0
u)
v)
w)
Freight terminal.
Maintenance facility.
Office/showroom.
Office/warehouse.
Printing and/or publishing.
Self-service storage facility.
Warehousing and/or distribution.
Pawnshops.
Tattoo shops.
Body piercing shops.
3)
Conditional Uses. Except as specifically limited herein, the following uses
may be allowed in the I-1, Light Industrial District, subject to the
regulations set forth for conditional uses in Section 4, Administration and
Enforcement, and the regulations for specific uses set forth in Section 7,
Specific Development Standards:
a)
b)
c)
d)
e)
0
g)
Caretaker's residence.
Outdoor sales and/or display.
Outdoor storage.
Parking ramp.
Concrete, asphalt or rock crushing operation.
Salvage operation/Transfer station.
Adult Entertainment Use.
4)
Permitted Accessory Uses. Except as specifically limited herein, the
following accessory uses shall be permitted in the I-2, Light Industrial
District:
a)
b)
c)
d)
Off-street parking and loading areas.
Landscaping and other horticultural uses.
Temporary construction buildings.
Signs as regulated by Section 6 of this Chapter.
9.1105 I-2, General Industrial District
1)
Purpose. The purpose of the I-2, General Industrial District is to provide
appropriate locations for industrial enterprises engaged in activities such
as manufacturing, processing, assembly, storage and warehousing, which,
because of their size and/or nature, require isolation fi.om non-industrial
uses. These areas are located with easy access to arterial roadways or
railroads and should be separated fi:om non-industrial uses by natural or
manmade barriers.
City of Columbia Heights
Zoning and Development Ordinance - Section 11
Page 11-3
2)
Permitted Uses. Except as specifically limited herein, the following uses
are permitted within the 1-2, General Industrial District:
a)
b)
c)
d)
e)
0
g)
h)
i)
J)
k)
1)
m)
n)
o)
p)
q)
r)
s)
t)
u)
v)
w)
Community center.
Government office.
Government maintenance facility.
Government protective service facility.
Public park and/or playground.
Recreational facility, indoor.
Recreational facility, outdoor.
Automobile repair, major.
Automobile repair, minor.
Laboratory, medical.
Office.
Studio, radio or television.
Assembly, manufacturing and/or processing.
Freight terminal.
Maintenance facility.
Office/showroom.
Office/warehouse.
Printing and/or publishing.
Self-service storage facility.
Warehousing and/or distribution.
Pawnshops.
Tattoo shops.
Body piercing shops.
3)
Conditional Uses. Except as specifically limited herein, the following uses
may be allowed in the 1-2, General Industrial District, subject to the
regulations set forth for conditional uses in Section 4, Administration and
Enforcement, and the regulations for specific uses set forth in Section 7,
Specific Development Standards:
a)
b)
c)
d)
e)
0
g)
Caretaker's residence.
Outdoor sales and/or display.
Outdoor storage.
Parking ramp.
Concrete, asphalt or rock crushing operation.
Salvage operation/Transfer station.
Adult Entertainment Use.
4)
Permitted Accessory Uses. Except as specifically limited herein, the
following accessory uses shall be permitted in the I-2, Light Industrial
District:
a) Off-street parking and loading areas.
City of Columbia Heights
Zoning and Development Ordinance - Section 11
Page 11-4
b)
c)
d)
Landscaping and other horticultural uses.
Temporary construction buildings.
Signs as regulated by Section 6 of this Chapter.
City of Columbia Heights
Zoning and Development Ordinance - Section 11
Page 11-5
CHAPTER 9:
SECTION '/2:
LAND USE DEVELOPMENT
MIXED-USE DEVELOPMENT DISTRICT
9.1201
Purpose. The purpose of the MXD Mixed Use Development District is to
promote efficient use of existing City infrastructure; ensure sensitivity to
surrounding neighborhoods; create linkages between compatible areas of the City;
provide appropriate transitions between uses; ensure high quality design and
architecture; create good pedestrian circulation and safety; promote altemative
modes of transportation; and increase the quality of life and community image of
Columbia Heights. The intent of this district is to encourage a flexible high-
quality design strategy for development and/or redevelopment of specific areas
within the community.
9.1201 General Provisions.
Application of District. The Mixed Use Development District shall only be
applied to those areas identified as being within one of three mixed-use
districts in the City's Comprehensive Plan.
Compliance with Applicable Regulations. Any use established in Mixed
Use District after the effective date of this Chapter shall comply with all
applicable local, state and federal standards for such uses, unless
specifically modified by the approved development agreement.
Administration. The administration and enforcement of this Section shall
be in accordance with the provisions of Section 4, Administration and
Enforcement. Development proposals for a mixed-use development shall
require a zoning amendment and site plan review and approval.
Development proposals for a mixed-use development may also require the
re-subdivision of land.
Development Agreement. A development agreement is required as part of
the final mixed-use development approval. The development agreement
shall address approved site and building design criteria, approved sign
locations and design criteria, construction phasing, and bonding or other
financial surety for construction of on- and off-site improvements.
9.1202 Mixed Use Development District Types. The City's Comprehensive Plan
identifies three distinct mixed-use development opportunities with the City.
1) Transit Oriented Mixed-Use. The purpose of the Transit-Oriented Mixed
Use is to promote development and redevelopment that facilitates linkages
and interaction of transit services, housing and neighborhood services.
The f.':,cus of land use within this district is to ensure a pedestrian friendly
City of Columbia Heights
Zoning and Development Ordinance - Section 12 Page 12-1
environment and pedestrian connections to and from residential
development and transit facilities. The mix of land use shall be 60 percent
service oriented commercial/retail and 40 percent high density residential
development (12 units/acre minimum)
Community Center Mixed-Use. The purpose of the Community Center
Mixed-Use is to encourage a mix of land use and redevelopment located
near the existing City Hall and other City offices and to strengthen the
community image of Columbia Heights. Commercial/retail uses will be
service-oriented and at a neighborhood scale. Residential uses will be
medium to high density (6 units/acre minimum). The mix of land use shall
be flexible to help facilitate a successful development. The minimum floor
area of any land use shall be 20-percent and the maximum floor area of
any land use shall be 80-percent.
Transitional Mixed-Use. The purpose of the Transitional Mixed-Use is to
target redevelopment opportunities along the 40th Avenue corridor and
provide opportunities to strengthen the connection between the downtown
commercial core and City offices adjacent to Huset Park. The mix of land
use shall consist of 60 percent medium to high density residential (12
units/acre minimum) and 40 percent office and/or commercial/retail. Land
use should complement and strengthen the current residential character of
the area and provide new opportunities for service oriented development.
Commercial/retail uses should not compete with the downtown core and
therefore primarily serve local residents.
9.1203 Uses. Mixed-use developments shall contain at least two of the following three
land use categories:
Residential Uses. All permitted, conditional, and permitted accessory
residential uses identified in Section 9, Residential Districts, and Section
10, Commercial Districts, which are consistent with the Comprehensive
Plan shall be treated as potentially allowable uses within the Mixed Use
Development District.
Commercial Uses. All permitted, conditional, and permitted accessory
commercial uses identified in Section 10, Commercial Districts, which are
consistent with the Comprehensive Plan shall be treated as potentially
allowable uses within the Mixed Use Development District.
Institutional Uses: All permitted, conditional, and accessory institutional
uses identified in Section 9, Residential Districts, and Section 10,
Commercial Districts, which are consistent with the Comprehensive Plan
shall be treated as potentially allowable uses within the Mixed Use
Development District.
City of Columbia Heights
Zoning and Development Ordinance - Section 12
Page 12-2
9.1204 Performance Standards. The following performance standards shall be applied
to all mixed-use developments.
1) The minimum size of a mixed-use development shall be five (5) acres.
2)
The maximum non-residential density is 6.0 FAR and the maximum
residential density is 20 units/acre. Maximum densities may be increased
by up to 50 percent at the sole discretion of the City Council if one of
more of the following are provided:
a)
b)
c)
At least 50% of the required parking is provided by underground
parking or parking in ramps;
Housing is provided above ground floor retail/service commercial
and the total floor area of the housing is at least twice the floor area
of the retail/service commercial use;
Office space is provided above ground floor retail/service
commercial and the total floor area of the office space is at least
twice the floor area of the retail/service commercial use;
At least 50% of the building ground coverage is concentrated in
structures four (4) or more stories in height, thereby conserving
open space within the mixed-use development area.
3)
The design of the mixed-use development is sensitive to adjacent usable
open space and includes design of pedestrian/bicycle connections to
enhance existing circulation patterns.
4)
Building setbacks shall be regulated by the final site plan and development
agreement approved by the City Council, based on the following findings:
a) The setbacks provided adequate distances from uses in adjacent
districts.
b) The setbacks maintain and enhance the character of the
neighborhood in which the mixed-use development is located.
5)
Cumulative parking requirements may be reduced by up to 30% of
required spaces at the sole discretion of the Council if one or more of the
following are provided:
a) Joint or shared parking arrangements between uses;
b) Proof of parking;
e) Car/van pooling and/or provision of employee or resident transit
passes.
d) Superior pedestrian, bicycle and/or transit access.
6) Buildings shall be oriented to the street or a common open area with
minimal setbacks.
City of Columbia Heights
Zoning and Development Ordinance - Section 12 Page 12-3
7)
8)
9)
Building facades shall be varied to create visual interest.
All trash handling and loading areas shall be interior or utilize
architectural screening of the same exterior materials as the principal
building(s).
Signage shall be allowed in conformance with the approved site plan and
development agreement, and reflect the following standards:
a) Pylon signs are prohibited;
b) Freestanding monument signs shall utilize the same exterior
materials as the principal building(s).
City of Columbia Heights
Zoning and Development Ordinance - Section 12
Page 12-4
CHAPTER 9:
SECTION 13:
LAND USE AND DEVELOPMENT
0 VERLA Y DIS TRIC TS
9.1301 General Provisions
/)
Purpose. Overlay districts are established in recognition of the unique
characteristics of land and land use within certain parts of the City,
including those properties within flood-prone areas and shoreland areas.
Overlay districts are further intended to protect the public health, safety,
and welfare by preserving environmentally sensitive and unique areas of
the community.
Relationship to Other Applicable Regulations. Property located within an
overlay district shall be subject to the provisions of both the primary
zoning district and the overlay district. Where the provisions of the primary
zoning district and the overlay zoning district are in conflict, the most
restrictive provisions shall govern.
Establishment of Boundaries. Overlay district boundaries shall be as
specified in the individual overlay district regulations.
Establishment of Overlay District. The following overlay districts are
established:
a)
b)
Floodplain Management Overlay District
Shoreland Management Overlay District
9.1302
/)
Floodplain Management Overlay District
Purpose. The flood hazard areas of the City are subject to periodic
inundation which results in potential loss of life, loss of property, health
and safety hazards, disruption of commerce and governmental services,
extraordinary public expenditures for flood protection and relief, and
impairment of the tax base, all of which adversely affect the public health,
safety and general welfare. It is the purpose of this Section to promote the
public health, safety, and general welfare and to minimize losses to public
and private property by the provisions contained herein.
Statutory Authorization. Minnesota Statutes, Chapters 103F and 462,
delegate responsibility to local units of government to adopt regulations
designed to minimize flood losses.
City of Columbia Heights
Zoning and Development Ordinance - Section 13
Page 13-1
8)
Methods Used to Analyze Flood Hazards - This Section is based upon a
reasonable method of analyzing flood hazards, which is consistent with
the standards established by the Minnesota Department of Natural
Resources.
Existence of Potential Flood Hazards. The flood hazard areas of the City
are subject to periodic inundation which results in potential loss of life,
loss of property, health and safety hazards, disruption of commerce and
governmental services, extraordinary public expenditures for flood
protection and relief, and impairment of the tax base.
Applicability. This Section shall apply to all lands within the City shown
on the Official Zoning Map as being located within the boundaries of the
Floodway, Flood Fringe, or General Flood Plain Overlay Districts.
Establishment of Official Zoning Map The Official Zoning Map together
with all explanatory materials thereon, and attached thereto is hereby
adopted by reference The explanatory material shall include the Flood
Insurance Study for the City prepared by the Federal Insurance
Administration dated March, 1978, and the Flood Boundary and Floodway
Maps and Flood Insurance Rate Maps therein.
Regulatory Flood Protection Elevation The Regulatory Flood Protection
Elevation shall be an elevation no lower than one foot above the elevation
of the regional flood plus any increases in flood elevation caused by
encroachments on the flood plain.
The regulatory flood protection elevation within the Floodway and
Flood Fringe Districts shall be established by adding one foot to
the Base Flood Water Surface elevations listed in the Floodway
Data Table contained in the Flood Insurance Study. Regulatory
flood protection elevations between cross sections shall be
interpolated.
b)
The regulatory flood protection elevation within the General Flood
Plain District shall be calculated by a qualified registered
professional engineer.
Interpretation.
In their interpretation and application, the provisions of this
Section shall be held to be minimum requirements and shall be
liberally construed in favor of the governing body and shall not be
deemed a limitation or repeal of any other powers granted by State
Statutes.
City of Columbia Heights
Zoning and Development Ordinance - Section 13
Page 13-2
lo)
11)
12)
b)
The boundaries of the zoning districts shall be determined by
scaling distances on the Official Zoning Map. Where
interpretation is needed as to the exact location of the boundaries
of the district as shown on the Official Zoning Map, as for example
where there appears to be a conflict between a mapped boundary
and actual field conditions, the Board of Adjustment shall make
the necessary interpretation based on the applicable base flood
water surface elevation data contained in the flood insurance study,
subject to appeal to the City Council in the manner provided for
conditional uses. The person contesting the location the district
boundary shall be given a reasonable opportunity to present his
case to the Board and to submit technical evidence if he so desires.
Compliance. No structure or land shall hereat~er be used and no structure
shall be located, extended, converted, or structurally altered without full
compliance with the terms of this Section and other applicable regulations
that apply to uses within the jurisdiction of this Section.
Abrogation and Greater Restrictions. It is not intended by this Section to
repeal, abrogate, or impair any existing easements, covenants, or deed
restrictions. However, where this Section imposes greater restrictions, the
provisions of this Article shall prevail.
Warning and Disclaimer of Liability. This Section does not imply that
areas outside the flood plain districts or land uses permitted within such
districts will be free from flooding or flood damages. This Section shall
not create liability on the pan of the City or any officer or employee
thereof for any flood damages that result from reliance on this Section or
any administrative decision lawfully made thereunder.
Districts. The flood plain areas within the jurisdiction of this Ordinance
are hereby divided into three Districts: Floodway District (FW), Flood
Fringe District (FF) and General Flood Plain District (GFP). The
boundaries of these districts shall be shown on the Official Zoning Map.
Within these districts, all uses not allowed as permitted uses or permissible
as conditional uses are prohibited.
Floodway District. The Floodway District shall include those areas
designated as floodway in the Flood Insurance Study.
Flood Fringe District. The Flood Fringe District shall include
those areas designated as floodway fringe in the Flood Insurance
Study.
City of Columbia Heights
Zoning and Development Ordinance - Section 13
Page 13-3
General Flood Plain District. The General Flood Plain District
shall include those areas designated as unnumbered A Zones by the
Flood Insurance Study.
13) Floodway District (FW)
Permitted Uses. The following uses have a low flood damage
potential and do not obstruct flood flows. These uses shall be
permitted within the Floodway District to the extent that they are
not prohibited by any other Ordinance and provided they do not
require structures, fill, or storage of materials, or equipment. In
addition, no use shall adversely affect the capacity of the channels
or floodways or any tributary to the main stream or of any drainage
ditch, or any other drainage facility or system.
Agricultural uses such as general farming, pasture, grazing,
out-door plant nurseries, horticulture, truck farming,
forestry, sod farming, and wild crop harvesting.
Industrial-Commercial uses such as loading areas, parking
areas, and airport landing strips.
Private and public recreational uses such as golf courses,
tennis courts, driving ranges, archery ranges, picnic
grounds, boat launching ramps, swimming areas, parks,
wildlife and nature preserves, game farms, fish hatcheries,
shooting preserves, target ranges, trap and skeet ranges,
hunting and fishing areas, and hiking horseback riding
trails.
o
Residential uses such as lawns, gardens, parking areas, and
play areas.
b)
Conditional Uses. The following open space uses require accessory
structures (temporary or permanent), or fill or storage of materials
or equipment. These uses may be permitted in the Floodway
District only after the issuance of a Conditional Use Permit. These
uses are also subject to the provisions that apply to all Floodway
Conditional Uses.
2.
3.
4.
Structures accessory to open space;
Placement of fill;
Extraction of sand, gravel and other materials;
Marinas, boat rentals, docks, piers, wharves, and water
control structures;
City of Columbia Heights
Zoning and Development Ordinance - Section 13
P~e134
c)
d)
Railroads, streets, bridges, utility transmission lines and
pipelines;
Storage yards for equipment, machinery or materials;
Other uses similar in nature to uses those described herein
that are consistent with the provisions set out in this
Section.
Standards for Floodway Conditional Uses:
All Uses. No structure (temporary or permanent), fill
(including fill for roads and levees), deposit, obstruction,
storage of materials, or equipment, or other uses may be
allowed as Conditional Uses which, acting alone or in
combination with existing or reasonably anticipated future
uses, adversely affects the capacity of the floodway or
increases flood heights. In addition, all floodway
Conditional Uses shall be subject to the standards contained
in this Section.
2. Fill
(i)
Any fill deposited in the floodway shall be no more
than the minimal amount necessary to conduct an
identified Conditional Use. Generally fill shall be
limited to that needed to grade or landscape for that
use and shall not in any way further obstruct the
flow of flood waters.
(ii)
Spoil from dredging or sand and gravel operations
shall not be deposited in the floodway unless it can
be done in accordance with this Section.
(iii)
Fill shall be protected from erosion by vegetative
cover.
Accessory Structures (temporary or permanent) permitted as
Conditional Uses:
1. Accessory structures shall not be designed for human
habitation;
Accessory structures shall have a low flood damage
potential;
City of Columbia Heights
Zoning and Development Ordinance - Section 13
Page 13-5
Accessory structures, if permitted, shall be constructed and
placed on the building site so as to offer the minimum
obstruction to the flow of flood waters. Whenever
possible, structures shall be constructed with the
longitudinal axis parallel to the direction of flood flow, and,
so far as practicable, structures shall be placed
approximately on the same flood flow lines as those of
adjoining structures;
o
Accessory structures shall be flood proofed in accordance
with the State Building Code.
e) Storage of materials and equipment:
The storage of processing materials that are in time of
flooding buoyant, flammable, explosive, or could be
injurious to human, animal, or plant life is prohibited.
f)
Storage of other materials or equipment may be allowed if
readily removable from the area within the time available
after flood warning.
Structural Work for Flood Control. Structural works for flood
control such as dams, levees, dikes, and floodwalls shall be
allowed only upon issuance of a Conditional Use Permit. In
addition, any proposed work in the beds of public waters which
will change the course, current, or cross-section of the waters shall
be subject to the provisions of Minnesota Statutes 1976, c. 105,
and other applicable statutes.
14) Flood Fringe District (FF)
Permitted Uses. The following uses shall be permitted uses within
the Flood Fringe District to the extent that they are not prohibited
by any other Ordinance:
Agricultural uses such as general farming, pasture, grazing,
out-door plant nurseries, horticulture, truck fanning,
forestry, sod fanning, and wild crop harvesting.
Industrial-Commercial uses such as loading areas, parking
areas, and airport landing strips.
3. Private and public recreational uses such as golf courses,
tennis courts, driving ranges, archery ranges, picnic
grounds, boat launching ramps, swimming areas, parks,
City of Columbia Heights
Zoning and Development Ordinance - Section 13 Page 13-6
wildlife and nature preserves, game farms, fish hatcheries,
shooting preserves, target ranges, trap and skeet ranges,
hunting and fishing areas, and hiking horseback riding
trails.
o
Residential uses such as lawns, gardens, parking areas, and
play areas.
Residence and other structures constructed on fill so that
the basement floor or first floor, if there is no basement, is
at or above the regulatory flood protection elevation. The
finished fill elevation shall be no lower than one (1) foot
below the regulatory flood protection elevation and shall
extend at such elevation at least fifteen (15) feet beyond the
limits of any structure or building erected thereon. Fill
shall be compacted and the slopes shall be protected by rip
rap or vegetative covering.
No use shall be permitted which will adversely affect the
capacity of channels or floodways of any tributary to the
main system, or of any drainage ditch, or any other
drainage facility or system.
b)
Conditional Uses. Other uses are permitted only upon application
to the Zoning Administrator and the issuance of a Conditional Use
Permit and subject to the following provisions:
Residences. Where existing streets, utilities and small lot
sizes preclude the use of fill, other methods of elevating the
first floor (including basements) above the regulatory flood
protection elevation may be authorized provided that the
residence is flood-proofed in accordance with the State
Building Code.
Other Structures. Commercial, manufacturing and
industrial structures shall ordinarily be elevated on fill so
that their first floor (including basement) is above the
regulatory flood protection elevation but may, in special
circumstances, be flood-proofed in accordance with the
State Building Code. Structures that are not elevated to
above the regulatory flood protection elevation shall be
flood-proofed to FP-1 or FP-2 classification as defined by
the State Building Code. Structures flood-proofed to FP-3
or FP-4 classification shall not be permitted.
c) Standards for Flood Fringe Uses.
City of Columbia Heights
Zoning and Development Ordinance - Section 13
Page 13-7
Residential Uses. Residences that do not have vehicular
access at or above elevation not more than two feet below
the regulatory flood protection elevation shall not be
permitted unless granted a variance by the Board of
Adjustment. In granting a variance, the Board shall specify
limitations on the period of use or occupancy of the
residence.
Commercial Uses. Accessory land uses, such as yards,
railroad tracks, and parking lots may be at elevations lower
than the Regulatory Flood Protection Elevation. However,
a permit for such facilities to be used by the general public
shall not be granted, in the absence of a flood warning
system that provides adequate time for evacuation if the
area is inundated to a depth greater than two feet or subject
to flood velocities greater than four feet per second upon
the occurrence of the regional flood.
Manufacturing and Industrial Uses. Measures shall be
taken to minimize interference with normal plant
operations especially for streams having protracted flood
durations. Certain accessory land uses such as yards and
parking lots may be at lower elevations subject to
requirements set out above. In considering permit
applications, due consideration shall be given to needs of
an industry whose business requires that it be located in
flood plain areas.
15) General Flood Plain District (FP)
Permitted Uses. Permitted uses shall include all those uses
permitted in the Floodway District and the Flood Fringe District.
b)
Conditional Uses. All other uses are Conditional Uses and are
permitted only upon the issuance of a conditional use permit. The
General Flood Plain District includes both floodway and flood
fringe areas. The City Council shall determine whether the
proposed use is in the floodway or flood fringe. Based upon the
City Council's determination, the appropriate regulations shall
apply.
16) Subdivisions. No land shall be subdivided which is held unsuitable by the
City Council for reason of flooding, inadequate drainage, or inadequate
water supply or sewage treatment facilities. All lots within the flood plain
districts shall contain a building site at or above the regulatory flood
City of Columbia Heights
Zoning and Development Ordinance - Section 13 Page 13-8
protection elevation. All subdivisions shall have water and sewage
disposal facilities that comply with the provisions of this Section and have
road access no lower than two feet below the regulatory flood protection
elevation.
17) Public Utilities, Railroads, Roads and Bridges
Public Utilities. All public utilities and facilities such as gas,
electrical, sewer, and water supply systems to be located in the
flood plain shall be flood-proofed in accordance with the State
Building Code or elevated to above the Regulatory Flood
Protection Elevation
b)
Railroads, Roads and Bridges. Railroad tracks, roads and bridges
to be located within the floodway shall comply with of this
Section. In all flood plain districts, elevation to the regulatory
flood protection elevation shall be provided where failure or
interruption of these transportation facilities would result in danger
to the public health or safety or where such facilities are essential
to the orderly functioning of the area. Minor or auxiliary roads or
railroads may be constructed at a lower elevation where failure or
interruption of service would not endanger the public health or
safety.
18) Mobile Homes and Mobile Home Parks
New mobile home parks and expansions to existing mobile home
parks shall be subject to the provisions of this Section.
b)
Mobile homes in existing mobile home parks that are located in
flood plain districts may be replaced only if in compliance with the
following conditions:
1. The mobile home lies in the Flood Fringe District;
The mobile home is anchored with tiedowns that comply
with requirements of Minnesota Regulations Moll 450;
o
The mobile home owner or renter is notified that the mobile
home site lies in the flood plain and may be subject to
flooding;
The mobile home park owner develops a flood emergency
plain consistent with the time available after a flood
warning.
City of Columbia Heights
Zoning and Development Ordinance - Section 13
Page 13-9
c)
Individual mobile homes not located in mobile home parks may be
permitted if allowed by other applicable ordinances and if they
comply with the provisions of this Section.
19) Water Supply and Waste Disposal
Within flood-prone areas, new and replacement water supply
systems shall be designed to minimize or eliminate infiltration of
flood waters into the systems.
b)
Within flood-prone areas, new and replacement sanitary sewage
systems shall be designed to minimize or eliminate infiltration of
flood waters into the systems and discharges fi.om the systems in
flood waters.
c)
On-site waste disposal systems shall be located to avoid
impairment to them or contamination fi.om them during flooding.
20) Administration
b)
Zoning Administration. The Zoning Administrator shall administer
and enforce this Section.
Use Permit:
Use Permit Required. A Use Permit issued by the Zoning
Administrator in conformity with the provisions of this
Section shall be secured prior to the erection, addition, or
alteration of any building, structure, or portion thereof;
prior to the use or change of use of a building, structure, or
land; prior to the change of extension of a nonconforming
use; and prior to the placement of fill or excavation of
materials within the flood plain.
o
Application for Use Permit. Application for a Use Permit
shall be made to the Zoning Administrator and shall
include the following where applicable: plans in duplicate
drawn to scale, showing the nature, location, dimensions,
and elevations of the lot; existing or proposed structures,
fill, or storage of materials; and the location of the
foregoing in relation to the channel.
State and Federal Permits. Prior to granting a Use Permit or
processing an application for a Conditional Use Permit or
Variance, the Zoning Administrator shall determine that the
applicant has obtained all necessary State and Federal
permits.
City of Columbia Heights
Zoning and Development Ordinance - Section 13
Page 13-10
o
Certificate of Zoning Compliance for New, Altered or
Nonconforming Uses. It shall be unlawful to use, occupy
or permit the use or occupancy of any building or premises,
or both, or part thereof hereafter created, erected, changed,
converted, or wholly or partly altered or enlarged in its use
or structure until a Certificate of Zoning Compliance shall
have been issued therefore by the Zoning Administrator
stating that the use of the building or land conforms to the
requirements of this Section. Where a nonconforming use
or structure is extended or substantially altered, the
Certificate of Zoning Compliance shall specifically state
the manner in which the nonconforming structure or use
differs from the provisions of this Section.
Construction and Use to be as Provided in Applications,
Plans, Permits and Certificates of Zoning Compliance. Use
Permits, Conditional Use Permits or Certificates of Zoning
Compliance issued on the basis of approved plans and
applications authorize only the use, arrangement and
construction set forth in such approved plans and
applications, and no other use, arrangement, or
construction. Any use, arrangement, or construction at
variance with that authorized shall be deemed violation of
this Section. The applicant shall be required to submit
certification by a registered professional engineer,
registered architect, or registered land surveyor that the
finished fill and building elevations were accomplished in
compliance with the provisions of this Section. Flood-
proofing measures shall be certified by a registered
professional engineer or registered architect.
Record of First Floor Elevation. The Zoning Administrator
shall maintain a record of the elevation of the first floor
(including basement) of all new structures or additions to
existing structures in the flood plain districts. The Zoning
Administrator shall also maintain a record of the elevations
to which structures or additions to structures are flood-
proofed.
City of Columbia Heights
Zoning and Development Ordinance - Section 13
Page 13-11
(c)
Board of Adjustments and Appeals. The Planning Commission is
the Board of Adjustments and Appeals.
Administrative Review. The Board of Adjustments and
Appeals shall hear and decide appeals where it is alleged
there is error in any order, requirement, decision, or
determination made by an administrative official in the
enforcement or administration of this Section.
Variances. The Board of Adjustment and Appealsmay
recommend upon appeal in specific cases such variance
from the terms of this Section as will not be contrary to the
public interest, where owing to special conditions as literal
enforcement of the provisions of the Section will result in
unnecessary hardship so that the spirit of the Section shall
be observed and substantial justice done. No variance shall
have the effect of allowing in any district uses prohibited in
that district, permit a lower degree of flood protection than
the regulatory flood protection elevation for the particular
area, or permit standards lower than those required by State
Law.
o
Decisions. A copy of all decisions granting a variance shall
be forwarded to the Commissioner of Natural Resources
within ten (10) days of such action.
Appeal to the City Council and District Court. Appeals
fi'om any decision of the Board may be taken by any person
or persons jointly or severally aggrieved by any decision of
the Board or any taxpayer, officer, department, board of
bureau of the municipality to the City Council. The
decision of the City Council may be appealed to the District
Court of this jurisdiction as provided in Minnesota Statute
462.361.
d)
Conditional Uses. The Planning and Zoning Commission shall
hear and decide applications for Conditional Uses permissible
under this Section. Applications shall be submitted to the Zoning
Administrator who shall forward the application to the Planning
and Zoning Commission.
°
Decisions. A copy of all decisions granting Conditional
Use Permits shall be forwarded to the Commissioner of
Natural Resources within ten (10) days of such action.
Procedures for Evaluating Proposed Conditional Uses
Within the General Flood Plain District. Upon receipt of an
City of Columbia Heights
Zoning and Development Ordinance - Section 13
Page 13-12
application for a Conditional Use Permit for a use within
the General Flood Plain District, the applicant shall be
required to fumish such of the following information as is
deemed necessary by the Planning and Zoning Commission
for the determination of the regulatory flood protection
elevation and whether the proposed use is the floodway or
the flood fringe.
(i)
A typical valley cross-section showing the channel
of the stream, elevation of land areas adjoining each
side of the channel, cross-sectional areas to be
occupied by the proposed development, and high
water information.
(ii)
Plan (surface view) showing elevations or contours
of the ground; pertinent structure, fill, or storage
elevations, size, location; and spatial arrangement of
all proposed and existing structures on the site;
location and elevations of streets; photographs
showing existing land uses and vegetation upstream
and downstream; and soil type.
(iii)
Profile showing the slope of the bottom of the
channel or flow line of the stream for at least
500feet in either direction from the proposed
development.
(iv)
One copy of the above information shall be
transmitted to a designated engineer or other expert
person or agency for technical assistance in
determining whether the proposed use is in the
floodway or flood fringe and to determine the
regulatory flood protection elevation. Procedures
consistent with Minnesota Regulations NR 86-87
shall be followed in this expert evaluation. The
designated engineer or expert shall:
Estimate the peak discharge of the regional
flood.
Calculate the water surface profile of the
regional flood based upon a hydraulic
analysis of the stream channel and overbank
areas.
City of Columbia Heights
Zoning and Development Ordinance - Section 13
Page 13-13
Compute the floodway necessary to convey
the regional flood without increasing flood
stages more than 0.5 feet. An equal degree
of encroachment on both sides of the stream
within the reach shall be assumed.
(v)
Based upon the technical evaluation of the
designated engineer or expert, the Board of
Adjustment shall determine whether the proposed
use in the floodway or flood fringe and the
regulatory flood protection elevation at the site.
Procedures to be Followed by the Board of Adjustment in
Passing on Conditional Use Permit Applications Within All
Flood Plain Districts. The applicant shall furnish such of
the following information and additional information as
deemed necessary by the Board of Adjustment for
determining the suitability of the particular site for the
proposed use:
(i)
Plans in triplicate drawn to scale showing the
nature, location, dimensions, and elevation of the
lot, existing or proposed structures, fill, storage of
materials, flood-proofing measures, and the
relationship of the above to the location of the
channel.
(ii)
Specifications for building construction and
materials, flood-proofing, filling, dredging, grading,
channel improvement, storage of materials, water
supply and sanitary facilities.
iii)
The applicant shall transmit one (1) copy of the
information described in this subsection to a
designated engineer or other expert person or
agency for technical assistance, where necessary in
evaluating the proposed project in relation to flood
heights and velocities, the seriousness of flood
damage to the use, the adequacy of the plans for
protection, and other technical matters.
(iv)
Based upon the technical evaluation of the
designated engineer or expert, the Planning and
Zoning Commission shall determine the specific
flood hazard at the site and evaluate the suitability
of the proposed use in relation to the flood hazard.
City of Columbia Heights
Zoning and Development Ordinance - Section 13
Page 13-14
Factors Upon Which the Decision of the Planning and
Zoning Commission Shall be Based. In passing upon
Conditional Use applications, the Planning and Zoning
Commission shall consider all relevant factors specified in
other sections of this Section, and:
(i)
The danger to life and property due to increased
flood heights or velocities caused by
encroachments;
(ii)
The danger that materials may be swept onto other
lands or downstream to the injury of others;
(iii)
The proposed water supply and sanitation systems
and the ability of these systems to prevent disease,
contamination, and unsanitary conditions;
(iv)
The susceptibility of the proposed facility and its
contents to flood damage and the effect of such
damage on the individual owner;
(v)
The importance of the services provided by the
proposed facility to the community;
(vi) The requirements of the facility for a waterfront
location;
(vii) The availability of alternative locations not subject
to flooding for proposed use;
(viii) The compatibility of the proposed use with existing
development anticipated in the foreseeable furore;
(ix)
The relationship of the proposed use to the
comprehensive plan and flood plain management
program for the area;
(x)
The safety of access to the property in times of
flood for ordinary and emergency vehicles;
(xi)
The expected heights, velocity, duration, rate of rise
and sediment transport of the flood waters expected
at the site;
(xii) Such other factors which are relevant to the
purposes of this Section.
City of Columbia Heights
Zoning and Development Ordinance - Section 13 Page 13-15
Conditions Attached to Conditional Use Permits. Upon
consideration of the factors listed above and the purposes
of this Section, the Planning Commission may attach such
conditions to the granting of Conditional Use Permits as it
deems necessary to fulfill the purposes of this Section.
Such conditions may include, but are not limited to, the
following:
(i)
Modification of waste disposal and water supply
facilities;
(ii) Limitations on period of use, occupancy, and
operation;
(iii) Imposition of operational controls, sureties, and
deed restrictions;
(iv)
Requirements for construction of channel
modifications, dikes, levees, and other protective
measures;
(v)
Flood-proofing measures, in accordance with the
State Building Code. The applicant submits a plan
or document certified by a registered professional
engineer or architect that the flood-proofing
measures are consistent with the regulatory flood
protection elevation and associated flood factors for
the particular area.
21) Nonconforming Uses
(a)
A structure or the use of a structure or premises which was lawful
before the passage or amendment of this Section but which is not
in conformity with the provisions of this Ordinance, may be
continued subject to the following conditions:
No such use shall be expanded, changed, enlarged, or
altered in a way that increases its nonconformity.
No structural alteration or addition to any nonconforming
structure over the life of the structure shall exceed fifty
percent of its value at the time of its becoming a
nonconforming use, unless the structure is permanently
changed to a conforming us or unless the alteration or
addition would substantially reduce potential flood
damages for the entire structure.
City of Columbia Heights
Zoning and Development Ordinance - Section 13
Page 13-16
o
Any alteration or addition to any nonconforming use that
would result in substantially increasing its flood damage
potential shall be protected in accordance this Section.
If such use is discontinued for 12 consecutive months, any
future use of the building premises shall conform to this
Section. The assessor shall notify the Zoning Administer,
in writing, of instances of nonconforming uses that have
been discontinued for a period of 12 months.
If any nonconforming use is destroyed by any means,
including floods, to an extent of fifty percent or more of its
assessed value, it shall not be reconstructed except in
conformity with the provisions of this Section. However,
the City Council may issue a Conditional use Permit for
reconstruction if the use is located outside the floodway,
and, upon reconstruction, is adequately flood-proofed,
elevated or otherwise protected in conformity with the
provisions of this Section
Uses or adjuncts thereof that are or become nuisances shall
not be entitled to continue as nonconforming uses.
Except as provided in herein, any use that has been
permitted as a Conditional Use shall not be considered as a
nonconforming use.
Nonconforming uses located in the Floodway District shall
be eliminated or brought into conformity with the standards
contained in this Section within a reasonable period of time
as determined by the City Council, after a hearing for each
such nonconforming use. The City Council shall make its
determination upon the basis of the normal useful life of
any improvement upon the premises. In addition, the
monetary value of any competitive advantage derived by
the operation of such nonconforming use, by reason of the
limitation on establishment of competing businesses as a
result of this Section shall be considered as a reduction of
losses resulting from the requirement of termination of the
use under this Section.
The Zoning Administrator shall prepare a list of those
nonconforming uses which have been flood-proofed or
otherwise adequately protected in conformity with this
City of Columbia Heights
Zoning and Development Ordinance - Section 13
Page 13-17
(22)
(a)
Section and shall present such list to the City Council
which may issue a certificate to the owner stating that such
uses, as a result of these corrective measures, are in
conformity with the provisions of this Section.
,4mendments
The flood plain designation on the Official Zoning Map shall not be
removed from the flood plain areas unless it can be shown that designation
is in error or that the area has been filled to at or above the elevation of the
regional flood and is contiguous to lands outside the flood plain. Special
exceptions to this rule may be permitted by the Commissioner of Natural
Resources if he determines that, through other measures, lands are
adequately protected for the intended use.
All amendments to this Section, including amendments to the Official
Zoning Map, must be submitted to and approved by the Commissioner of
Natural Resources prior to adoption. Changes in the Official Zoning Map
also require prior approval by the Federal Insurance Administration.
9.1303
Shoreland Management Overlay District
(Reserved)
City of Columbia Heights
Zoning and Development Ordinance - Section 13
Page 13-18
CHAPTER 9:
SECTION 14:
LAND USE AND DEVELOPMENT
SUBDIVISION REGULATIONS
9.1401
Purpose. The purpose of this section is to provide for the orderly and economic
development of land and urban facilities, and to promote the public health,
safety and general welfare of the community by establishing physical standards
and procedures for the subdivision of land.
9.1402
Authority. The Council hereby established the following rules and regulations
pursuant to the authority provided in Minnesota Statutes, to regulate, control
and maintain streets and provide for platting of property.
9.1403 Plats and Data. Subdivision 1. Sketch Plans. Sketch plans shall contain as a
minimum, the following information:
2.
3.
4.
5.
6.
7.
8.
Tract Boundaries
North Point
Streets on and adjacent to the tract
Significant topographical and physical features
Proposed general street layout
Proposed general land use
Name of owner and/or developer
Zoning on and adjacent to tract
Subd.2. Preliminary Plat. A preliminary plat shall contain the following
information:
1. Identification and Description
Proposed name of subdivision, which name shall not duplicate or
be similar to the name of any other plant.
b. Location by section, town, range or by other legal description.
Co
Names and addresses of the owner, subdivider, surveyor and
designer of the plan.
d. Graphic scale
e. North point
f. Date of preparation
g. Certification by surveyor certifying to accuracy of survey
City of Columbia Heights
Zoning and Development Ordinance - Section 14
Page 14-1
2. Existing Conditions
a. Boundary line of proposed subdivision clearly indicated.
b. Existing zoning classification, if any.
c. Total acreage, including greenspace percentage.
Location, widths and names of all existing or previously platted
streets or other public way, showing type, width and also condition
of improvements, if any, railroad and utility rights-of-way, parks
and other public spaces, permanent buildings and structures,
easements and section and corporate line within the tract, and to a
distance of one hundred (100) feet beyond the tract. Such data as
grades, invert elevations and locations of catch basins, manholes
and hydrants, if any, shall also be known.
eo
Boundary lines of adjoining unsubdivided or subdivided land
within one hundred (100) feet, identifying by name and ownership.
Topographical data, including contours at vertical intervals of not
more than two (2) feet, except that contour lines shall be no more
than one hundred (100) feet apart. Watercourses, marshes, wooded
areas, rock outcrops, power transmission poles and lines, buildings
and other significant features shall also be shown.
go
All elevations, topography and vertical control data shall be tied to
sea level datum, 1929 General Adjustments. Temporary
benchmarks shall be established within the boundaries of the
subdivision. Descriptions, reference ties and elevations of the
benchmarks shall be furnished to the City Engineer.
ho
Reference to recorded subdivision plat or adjoining platted land by
record, name, date and number.
The location and size of all existing sanitary sewer, water or storm
sewer, minks, laterals or services on or adjacent to the property.
3. Design Features
ao
Primary control points, with descriptions and "ties" to such control
points to which all dimensions, angles, beatings and similar data
on the plan shall be referred.
City of Columbia Heights
Zoning and Development Ordinance - Section 14
Page 14-2
o
co
jo
Tract boundary lines, right-of-way lines of streets, easements, and
other rights-of-way and property lines of residential lots and other
sites; with accurate dimensions, bearings or deflection angles and
radii, arcs and central angles of all curves.
Name and right-of-way width of each street or other fight-of-way.
Location, dimensions and purpose of any easements.
An identification system for all lots and blocks.
Site data including number of residential lots, typical lot size, and
acres in park, etc.
Sites, if any, to be reserved for parks or other public uses.
Sites, if any, for multi-family dwellings, shopping centers,
churches, industry or other non-public uses exclusive of single
family dwellings.
Minimum building setback line on all lots and other sites with the
width of lot shown at setback line.
Location and description of monuments.
Preliminary Grading and Drainage Plan
Including earthwork quantities, final grades (4:1 maximum slopes),
building pad elevations, existing and proposed topography at two foot
intervals, drainage calculations, 1 O-year storm pipe design, 100-year storm
level of protection, direction of drainage around each building pad
location, appropriate easements as required.
Preliminary Erosion Control Plan
Including method, location and detail of erosion control measures,
consistent with Section 9.609. Subd. 7 of this Code, where applicable.
Preliminary Utility and/or On-Site Sewage Treatment Plan
Plan and profile showing existing utilities, proposed utilities, connection
with existing utilities (watermain, sanitary sewer, storm sewer) appropriate
easements as required.
Note whether utilities will be publicly or privately constructed, owned and
maintained.
City of Columbia Heights
Zoning and Development Ordinance - Section 14
Page 14-3
/~' 7. Preliminary Street Plan
Plan and Profile showing internal roads, grades, lengths of cul-de-sacs,
curb data (horizontal and vertical), connection to existing streets or platted
fight-of-way, provisions for future extensions or connections to adjacent
land, appropriate easements of right-of-way.
8. Preliminary Wetland Plan
Plan showing fill or draining of any wetland including sequencing
justification and proposed mitigation. All wetlands must be delineated in
accordance with 1989 Federal Manual for Identifying and Delineating
Wetlands.
9. Preliminary Landscape Plan
Landscaping required by City Landscape Policy. Plan must identify
location, size species and quantity of plant materials.
10.
Letter from Anoka County and/or MN/DOT containing recommendations
and/or regulations on access or right-of-way requirements, if the property
abuts county or state roads or right-of-way, or proposes access to a state of
county road.
11. Supplementary Data to be Supplied with Preliminary Plat
a. Names or record owners of adjoining unplatted land.
b. Protective covenants in form of recording, if any.
Co
Other information such as certificates, affidavits, endorsements,
photographs, traffic studies or other information as may be
required by the City Council and/or the Planning Commission
and/or the City staff in the enforcement of these regulations.
Soil borings and analysis, if required by the City Engineer or Chief
Building Official.
Evidence that ground water control is at least 10 feet below the
level of finished grades or plan for solving ground water problems,
if required by the City Engineer.
f. The size and dimension of all lots.
City of Columbia Heights
Zoning and Development Ordinance - Section 14
Page 14-4
go
Notarized certification by Owner and by any mortgage holder of
record, of the adoption of the plat and the dedication of streets and
other public area.
Subd.3. Final Plat. The final plat shall be on sheets 20 inches wide by 30 inches long
and shall be at a scale of one hundred feet equals on inch (100'-1") or such other standard
scale as approved by the City Engineer and in all other respects shall comply with
Minnesota Statutes. Where necessary, plat or final plat may be on several sheets
accompanied by a key map showing the entire subdivision. For large subdivisions, the
final plat may be submitted for approval progressively in contiguous sections satisfactory
to the City Council. The final plat shall contain the following information:
Certifications showing that all taxes due on the property to be subdivided
have been paid in full.
An attorney's opinion of title showing title or control of the property to be
subdivided in the application.
Name of the subdivision, which shall not duplicate or too closely
approximate the name of any existing subdivision.
Location of section, township, range, county and state, and including
descriptive boundaries of the subdivision, based on an accurate traverse,
giving angular and linear dimensions, which must mathematically close.
The allowable error closure of any portion of a final plat shall be one foot
(1 ') in seven thousand five hundred feet (7500').
o
The location of monuments shall be shown and described on the final plat.
Locations of such monuments shall be shown in reference to existing
official monuments on the nearest established street lines, including true
angles and distances to such reference points or monuments.
o
Location of lots, streets, public highways, alleys, parks and other features,
with accurate dimensions in feet and decimals of feet, with the length of
radii and/or arcs of all curbs, and with all other information necessary to
reproduce the plat on the ground shall be shown. Dimensions shall be
shown from all angle points of curb to lot lines.
Lots shall be numbered clearly. Blocks are to be numbered with numbers
shown clearly in the center of the block.
8. The exact locations, widths and names of all streets.
9. Location and width of all easements.
10. Name and address of surveyor making the plat.
City of Columbia Heights
Zoning and Development Ordinance - Section 14
Page 14-5
11.
Scale of plat (the scale to be shown graphically on the bar scale), date and
north an'ow.
12.
Statement dedicating all easements as follows and drainage facilities are
reserved over, under, and along the strips marked "utility easements."
13.
Statement dedicating all streets, alleys and other public areas not
previously dedicated as follows: Streets, alleys and other public areas
shown on this plat and not heretofore dedicated to public use are hereby so
dedicated.
14.
Certification by registered surveyor in the form required by Section
505.03, Minnesota Statutes, as amended.
15.
Execution of all owners of any interest in the land and any holders of an
mortgage thereon of the certificates required by Section 505.03,
Minnesota Statutes, as amended and which certificate shall include a
dedication of the utility easements and other public areas in such form as
approved by the City Council.
16.
Space for certificates of approval and review to be filled in by the
signatures of the City Engineer, City Clerk and Anoka County Surveyor.
Additional plans to be submitted with the final plat include the following:
(1)
Final Utility Plan. Plan and profile showing existing utilities, proposed
utilities, connection with existing utilities (watermain, sanitary sewer,
storm sewer) appropriate easements as required.
Note whether utilities will be publicly or privately constructed, owned and
maintained.
(2)
Final Wetland Plan. Plan showing fill or draining of any wetland
including sequencing justification and proposed mitigation. All wetlands
must be delineated in accordance with 1989 Federal Manual for
Identifying and Delineating Wetlands.
(3)
Landscape Plan. Plan showing reforestation required by City Code
Section 540 and landscaping required by City Landscape Policy. Plan
must identify location, size, species and quantity of plant materials.
(4)
Final street plans for requirements established in city Code Section
9.1404.
City of Columbia Heights
Zoning and Development Ordinance - Section 14
Page 14-6
(5)
Park dedication. For any development or redevelopment where a
subdividision or resubdivision of property occurs which creates additional
parcels, the resulting contribution shall require either ten (10) percent land
dedication for parks, or the cash equivalent of ten (10) percent of the
estimate of improvements. The City Council shall determine which
measure is most appropriate.
9.1404 Design Standards. Subdivision 1. The following design standards are to be
followed unless the City Council shall permit a variance because of unusual
circumstances due to the topography, placement of buildings or other factors making it
reasonable to vary the standards set forth without nullifying the intent and purpose of the
Comprehensive Plan or this section.
Subd. 2. Streets.
The arrangement, character, extent, width, grade and location of all streets
shall conform to the Comprehensive Plan and shall be considered in their
relation to existing and planned streets, to topographical conditions, to
public convenience and safety, and in their appropriate relation to the
proposed uses of the land to be served by such streets.
Where such is not shown in the Comprehensive Plan, the arrangement of
streets in the subdivision shall either:
ao
Provide for the continuation or appropriate projection of existing
principal streets in surrounding areas; or
Conform to a plan for the neighborhood approved or adopted by
the City Council to meet a particular situation where topography or
other conditions make continuance or conformance to existing
streets impractical.
City of Columbia Heights
Zoning and Development Ordinance - Section 14
Page 14-7
SECTION 15: REPEAL OF LAWS IN CONFLICT. Ordinance # 818 of the City
Code and prior Zoning Ordinances are hereby repealed. All City laws and ordinances in
conflict with any provision of this ordinance are hereby repealed to the extent of any
conflict.
SECTION 16: NO RECOURSE AGAINST THE CITY. Every permit shall
provide that, without limiting such immunities as the City or other persons may have
under applicable law, a permittee shall have no monetary recourse whatsoever against the
City or its elected officials, boards, commissions, agents, employees or volunteers for any
loss, costs, expense or damage arising out of any provision or requirement of this
Ordinance or because of the enforcement of this Ordinance or the City's exercise of its
authority pursuant to this Ordinance, a permit, or other applicable law, unless the same
shall be caused by criminal acts or by willful gross negligence. Nothing herein shall be
construed as a waiver of sovereign immunity.
SECTION 17: EFFECTIVE DATE. This Ordinance shall be in full force and
effect from and after thirty (30) days after its passage.
First Reading:
Second Reading
Date of Passage
March 12, 2001
May 29, 2001
May 29, 2001
Offered by:
Second by:
Roll Call
Wyckoff
Szurek
Williams, aye; Szurek, aye; Wyckoff, aye; Nawrocki, nay; /._~
Peterson, aye; Motion carded. ~ ~ _
Mayor, Ga~L. Pe"'terson
I, Patricia Muscovitz, Deputy City Clerk
City of Columbia Heights
Zoning and Development Ordinance - Section 14
Page 14-8