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HomeMy WebLinkAboutOrdinance 171of the 0!t~ of 0oi ~um~A~ Y~e~ghta: ' ~* ~ of time you ~o t]~t you ~ Before submitting the ordlr~ce +~o ~I~ City Council for p~ssage ~he ~ning Co. smith ~Ii ~!d a ~b!lc hearing It ia ~d t~t a large n~r .f ~operty o~er~ will t~ ordi~ce, attend ~ publ~c ~i~, ~d ~e such ~ ~ ~ ~ve for ~-~ea or ~,i~io~.! provisions~ ~me to the e~ense of printing, ~he official zoning ~ap ia no~ attac~hed, arid will final~- perused. A master map ~ b~e~ nrer=~ed, however, and is on file in the City hours. - - ~Le pu~tic he~_~!ng referred ~o abov~ will ~etd~u~a, ~on~, 1~ ~ a~ el~ht o'clvek P. M. ~e ~tro~ly AN ORDt[,DkNCE POR THE PURPOSJ;J UP PRO:.~.O~ ii.d[+ HEALTH,. S.aPETY, ORDER, CONVENI~;£,ICE AND GEN}2P~%L W~iLPARE, BY REGULATii{G TI{}] '~.,~ UP LAND~ 'PHS LOCAT!..}N AND THE US}~ O? BUiLDINC-$ AND THE ARP~%,,C}FJ:iENT ~ BUILDING LOT'3, ..ND THE D£~,!SlTY UP POPUL. tTION IN THE CITY UP COLUMBIA HEi{}HTS. That Section 2 0,2 .'.mmenaec[ as folio,.vs: Secti,_.n 2. Estab!i~%hment of Districts: Por the pt~rpose of this oralnanoe she City of Columbia Heig'hts is alvin:eS into She ~se eisEriots: 2. Resla ent inl District. i;iuttiple Dv, ellin6 District. es,:mercial Dls~_ lot. Inmustrial District. The boundaries of these dlstrict::; '~.r,~ ~.'~!_kncated on the map entizlea "Zoning }~lap of City of Columbia Hei~'hts, l~innesot:~,~ w}~ich m~p is hereby made a part of this ordinance~ w!~h the ~o1,1 o~ 'i~ Be~lnnin{~} at anoint nt the intersection of the We~t cor]~or~ ~ traits sn~ o~th Ave., tl~nc~ eas~ a!~ s~id ~Tth tile int~p:;ecEi,~n ~f the V?est alley line of Cnlifornia Street, thei~cc i{orth aion~ s~id ~lleS line ~o isa ~Si/rsoc~ion wi~h the North corpor'~,,~,, limi~s~ thence !~so alo~ corporate limits So the inteP~'.ection with the ;;/eat cor~)orate ~,~ku hesSe,Fly corDor~:~te !i}nits to the alstriot~ ~llso sh:,t in t~lis aio.~t_'~"'Lot si ~: r'aislnG_, of poultry,, ce. ~l.'mis~i~]e. The r~,.ish~r" of poulSr~[, sh~ki a!:-~o }m~an to incl~ee the buildings'__. =, c~nstr~ction and maintenance of accesser[ building_. _ na~ir[_to such business. Any land ~A~J. ch may be added to the City of Columbia Hei6'hts in the future shall be placed in the Residential District until a:,oc.~.l :~c~ion of the City Council as hereinafter ~',oviaea shall definitely assig'n stroh land ~o another use district. First read ~ N{.~ Second Offered by Seconded by: Roll Call: Ayes: Secr~t:~ry Seconaec[ Dy: Roll Call: Family: One or more persons occupying a premises and living as a single non-profit housekeeping unit, as distinguished from a group occupying a hotel, club, fraternity or sorority house. A family shall be deemed to include necessary servants. Garage, Private: An accessory building for only the storage of self-pro- pelled vehicles. Garage, ...Public: Any premises, except those defined as a private or stor- age g~rage, uBed for the storage or care of self-propelled vehicles or,d-where,'any such vehicles are equipped for operation, repaired, or kept for remuneration, hire or sale. Garage, Storage: Any premises, except those defined herein as a private garage, used exclusively for the storage of self-propelled vehicles. Grade $ A. l~or buildings a~joining one street only, the elevation of the sidewalk at the center of that wall a~joining or nearest the street. B. For buildings adjoining more than one street, the average of the eleva- tions of the sidewalks at the center of all wa~B adjoining or nearest the streets. C. For buildings having no w~lls adjoining streets, the average level of the finished surface of the ground adjacent to the exterior walls of the building. D. All walls approximately parallel to and not more than five (5) feet from t~e street line shall be considered as adjoining the street. Height o_~f Buildings~ The vertical distance from the average level of the highest and lowest point of that portion of the lot covered by the building to the cellng of the topmost story. Home ~Occupation$:Any use customarily conducted entirely within a dwelling and carried on by the inhabitants thereof, which use is clearly incidental and sec- ondary to the use of the dwelling for dwelling purposes and does not change the character thereof. Clinics, hospitals, barber shops, beauty parlors, and animal hospitals shall not be deemed to be home occupations. -2- Hotel: Any building or portion thereof containing six or more guest rooms used, designed or intended to be used, let or hired out to be occupied, or which are occupied by six or more individuals for comoensation, whether the compensation be paid directly or indirectly. Junk Yard: The use of any land for the storing or keeping of junk, including scrap metals, or for the dismantling or "wrecking~ of automobiles or other vehicles or machinery;provided however that this definition shall not be deemed to include any case of the storage of m~.terials which is incidental or accessory to any business or industrial use on the same lot or pzrcel of land. Lot___:: Land occupied or to be occupied by a building abd its accessory buildings, or by a dwelling group and its accessory buildings, together with such open spaces as are required under the provisions of this ordinance, hav- ing not less th~u the minimum area required by this ordinance for a building site in the dietrict in which such lot is situated, ~ud having its principal frontage on Lot, Corner: A lot situated at the intersection of two or more street~, or bounded on two or more adjacent sides by street lines. Lot, Znterior:. A lot other than a corner lot. ,Lot, Ke~:_ The first lot to the rear of a corner lot, the front line of which said lot is a continuation of the side line of the corner lot, exclusive of the width of any alley, and fronting on the street which intersecte or intercepts the street on which the corner lot fronts. Let, .Arez$ The total horizontal area included within lot lines, including one-half the width, but not to exceed ten feet, of any alley or portion thereof ab- butting any such lot line. Lot, Deoth~_ The average distance from the street line of the lot to its rear line measured in the general direction of the side lines of the lot. Lot Line Rear.~ Ordinarily that line of a lot which is generally opposite the lot line along the frontage of said lot. In cases in which this definition not applicable, the City Planning Con,mission shall designate the rear lot line. l~on-Oonform, ing Use.;. A'use that does not conform to the regulations for the district in which it is situated. Outdoor Advertising Si~gn: Any card, cloth,~p~per, metal, glass, wooden, plaster, stone or other sign of any kind or character whatsoever placed for out- door advertising purposes on the ground or on any tree, wall, bush, rock, post, fence, building, structure or thing whatsoever. The term "placed" as used in the definition of "outdoor advertising sign" and "outdoor advertising structure" shall include erecting, constructing, posting, painting, tacking, nailing, glueing, s$icking, carving or otherwise fastening, affixing or m~king visible in any manner whatsoever. Outdoor Adve~tisin~ Structure: Any structure o2 any ~tnd or character erected or maintained for outdoor advertising purposes, upon which any outd.oor advertising si~n may be placed, including also outdoor advertising st~tuary. Si~n: Any outdoor advertising si~ or any outdoor advertising structure. Storz: That portion of a building included between the surface of any floor and the surface of the next floor above it, Or if there is no floor above it, then the space between the floor and the ceiling next above it. Story, ~ A story with at least two opposite exterior sides meeting a sloping roof not more than two feet above the floor of such story. Structure; Any constructed or erected thing, the use of which requires location on the ground or attached to smmethtng having location on the ground. Structural Alteration~ Any change in the supporting members of a building, such as be&ting walls, columns, beams, or girders. Us__~e: The purpose for which land or premises or ~ubuildtng thereon is designed, arranged or intended or for which it is or may be occupied or maintained. Use, Accessorll A use incidental zud accessory to the principal use of a lot or ~ building located on the s~me lot as the a~cessory use. -4- Y~ard: An open space other than a court on the same lot with a building ~ which open space is unoccupied ~nd unobstructed from the ground upward, except as otherwise provided in Section $ of this ordinance. In measuring a yard, as hereinafter provided, the line of a building shall be deemed to mean a line parallel to the nearest lot line drawn through the point of a building or the point of a dwelling group nearest to such lot line, exclusive of the respective architectural features enumerated in Section 8 of this ordinance as not consid- ered ir~n measuring yard dimensions or as being permitted to extend into any front, side or rear yard, respectively; and the measurement shall be taken from the line of the building to the nearest lot line. ~Yard, FrontS A yard extending across the front of the lot between the inner side yard lines and lying between the front line of the lot ~nd the near- est line of the building. Yar_~d, .R. ea~:_ A yard e×tending across the f~ll width of the lot and lying between the rear line of the lot and the nearest line of the building. Yar___~d, $ide____i: A yard between the side line of the lot and the nearest line~ of the building and extending from the front yard of the lot to the rear yard of the lot. .Section 2. Establishment o__~f Districts: For the purpose of this ordinance the City of Columbia Heights is divided into the following use districts: 1. Residential District. 2. Multiple Dwelling District. 3. Commercial District. 4. Industrial District. The boundaries of these districts are delineated on the map entitled "Zoning Map of City of Columbia Heights, Minnesota" which map is hereby made a part of this ordinance. Any laud which may be added to the City of Columbia Heights in the future shall be placed in the Residential District until special action o~ the City Council as hereinafter.~provided shall definitely assign such land to another use district. Section $. Effect o__f Establishment o__f Districts: Except as hereinafter otherwise provided: A. No building shall.be erected and no existing building shall be moved, l~t'ered, added to or enlarged nor shsll any land, building ~ premises be used, designed or intended to be used for any purpose or in any manner other than is included among the uses hereinafter listed as permitted in the district in which such building, land or pr~mises is located. B. No building shall be erected, reconstructed or structurally altered to exceed in height the limit hereinafter designated for the district in which such building, land or premises is located. C. Bo building shall be erected, nor shall any existing building be altered, enlarged, or rebuilt, nor shall any open space surrounding any buildio_g be encroach- ed upon or reduced in any manner, except in conformity to the yard, building site area and building location regulations hereinafter designated for the district in which such building or open space is located. D. No yard or other open space provided about any building for the put-pose of complying with the provisions of this ordinance shall be considered as providing a yard or open space for any other building, and no y~.rd or other open space on one lot shall be considered as providing a yard or open space for a building on any other lo t. Section 4. Reatulatio..ns fo_.!r Residential DistrictS A..Use~R~gulations.__ In the residential district, unless otherwise pro- vided in this ordinance, no building or premises shall be used, and no building shall hereafter be erected or structurally altered except for one or more of the following uses$ 1. One ot two family dwellings, and their aceessory buildings. 2. Farming o~ truck gardening; plant nurseries or greenhouses. $. Recreational or community buildings which are ~ublic~=lly ov~ed and ~. operated. 4. Parks and playgrounds. - 8 . 5. Churches, libraries, museums, municipal buildings, shcools, memorial buildings, including name plates and bulletin boards, provided these are placed in back o~~ the prescribed set back lines. 8. Home Occupations.' 7. Temporary signs, not more than six sq~uare feet in area, pertaining to the leasing or s~le of the premises on which it is located, pro- vided however, that such signs must be placed in back of the prescribed set back lines. B. Height~Regulations. -- In the residential district no building shall hereafter be erected or structurally altered to exceed twenty-five (25) feet, or two stories in ~h~ight. O. Area Repudiations, , 1. Building Site Regulations. In the residential district, every build- ing designed for the housing of one or two families, together with its accessory buildings, shall be located on a building site in one ownership having an area of ~ot less than five thousand (8000) square feet. Provided, however, that the fol- lowing parcels may be used as building sites for one or two family dwellings if ~ll other regulations for the district required by this ordinance are complied with: a. Any parcel under one ownership at the time of the 8xtoptionI of this ordin~nee when the owner thereof owns no adjoining land. b. Any parcel which includes not le~s th, n one entire lot as shown on any subdivision plat which was recorded in the office of the regis- ter of deeds prior ~o ~he adoption of this ordinance and which parcel has an area of not less than three thousand seven hundred-fifty (STfO) square feet. 2. Front Yard Requirements$ East lot in the residential district shall have a front yard of twenty-five (25) feet measured from the front lot line to the front wall of the main building. Provided however, that in any case where more than twenty-five (25%) per cent of the lots in a block are built upon, not including buildings already placed in the rear of the lots, ho building shall be erected which is set back from the 2'~nt lot line less than the average set back distance of the adjacent buildings. - ? - S. ~.~ ~Yard R~eeutrement~: In residential.districts every one or two family dwelling one story in height, shall have two side yards of not less than four (4) feet each when situat~ on/b~tldlng site of less than forty (40) feet in width, and in everY'case where the building site or lot is forty (40) feet or over ia width there shall be two side yards not less than five (5) feet each in width. Every one or two f~nily dwelling greater then one story in height?shall have two side yerad of not less than ,five (5) feet each in width. Provided fur- ther than in the case of large public buildings or semi-public buildings such as schools, churches, libraries etc., in the residential district, such buildings shall have two side yards of not less than fifteen (15) feet each in width. And y,ard provided further that in case of a corner lot, the side $~ adjacent to the side. street shall be not le~s than six (8) feet in width. The foregoing requirements for side yards shall be subject to the fol- lowing modifications: a. The width of each side yard may be reduced to ten per cent of the w~dth of any of the following parcels, but in no case shall the width of any such side yard be less than four feet: (1) Any parcel or lot of an average width of less than forty (40) feet which parcel or lot was under one ownership at the time of the adoption of this ordinance when the owner owns no adjacent land at such time. (2) Any p~rcel or lot which includes not less than one entire lot as shown on any subdivision plat recorded in the office of the reg- ister of deeds prior to the adoption of this ordinance. (~) Any parcel shown as a lot on any subdivision plat recorded in the office of the register of deeds after approval bt the City Council in accordance with law. b. On a corner~.~ lot adjacent to a key lot the side yard on the street side of such corner lot shall have a width in addition to that hereinbefore spe- cified so that the total width of such side yard shall be equal to not less than fifty (50%) per cent of the front yard debth for the lots to the rear of such corner lot, to a maximum width of twelve (12) feet for such side yard; provided, however, that this regulation shall not be so applied as -8- to reduce the buildable width after providing the required siAe yard of any such corner tot to less than twenty-four (24) feet. c. In case a dwelling is so located on ~ lo% that the front or rear there- of faces any side lot line, such dwelling shall be not less than twenty- five (25) feet from such lot line. 4.....Rear Yard Reaut~ements: In residential districts every one and two family dwellings shall have a rear yard of not less than twenty-five (25) feet; every other permitted building greater than two stories in height shall have a rear yard of not less than thirty (~0) feet. Section 5. Re_2Kulattons for Nultiple DwellinE ~tstrtct. A~ Use Reaulations[ In the multiple dwelling district, uuless otherwise provided in this ordinance, no building or land shall be used, and no building shall hereafter be erected or structurally altered except for one or more of th~ following uses: 1. All uses permitted in the residentikl district. 2. Apartments, flats and hotels; provided that no business shall be con-~ ducted therein except those conducted incidentally and solely for guests and to which enterance can be had only from the inside of the building. $. Hospitals and clinics; mortuaries and funeral homes. 4. Clubs, fraternities and lodges; boarding and lodging houses. 5. Automobile courts. 8. Philanthropic and charitable institutions. 7. Any use of the s~ne general character as the uses hereinbefore speci- fically permitted, provided such use is not obnoxius by reason of the emission of odor, dust, gas, smoke or noise, or by reason of being an excessive fire hazzard. B. Hei~ht Reaulations. In the multiple dwelling district no building shall hereafter be erected or structurally altered to exceed three (3) stories in height. thirty-five (35) feet, or - 9- C. Area Re&~ulations: All buildings and accessory buildings permitted to be erected in the residential district and which are erected in the multiple dwelling district sh~ll conform in all respects to the Area Regulations set forth in Section ~ of this ordinance. 1. Building Site Re~ul~t~.ons: In the multipbe dwelling district every building, not including accessory buildings, built for the purpose and intended to house three families shall provide a lot ares of not less than six thousand (8000) s~uare feet; and for more than three f~milies, two thousand (2000) square feet additional for each addttion~l family housed or intended to be housed. 2...Front ~ard P~eutrements; ~n the multiple dwelling district the front yard requirements shall be the same as those set forth in Section ~ of this' ordi- nance regulating front yards in the residential district. 3. ~ide Yar.~dR_~uirement.~; In the multiple dwelling district every building less than three ($) stories in height shall conform to the side yard regulations of Section ~ of this ordinance; every building of three ($) stories in height shall have two side yards of not less than ten (10) feet each in width. ~.(~ar Yard R~quirements: In the multiple dwelling district every building two/stories or less shall have a rear yard of not less than twenty-five (2~)feet. ~very building greater than two (2) stories shall have a rear yard of not less than thirty (~0) feet. Section 8. ~egulations fo_~r Commercial District. A. Us___~e ~gulation~: In the commercial district, unless otherwise pro- vided in this ordinance, no building or land shall be used, and no building shall hereafter be erected or structurally altered except for one or more of the fol- lowing uses$ 1. All uses permitted in the residential and m~ltiple dwelling districts; but no special use permit need be secured for ~uy use which is permit- ted in the residential or multiple dwelling district upon the securing of such ~ special use permit. ~ Re~a~ ~Sres and shops. - l0 - $. Automobile stations for the sale of gasoline, oil and accessories; public garages. 4. Theatres, financial institutions, telephone and telegraph offices, messenger_.offtces, professional offices. 5. Hotels, restaurants, pool halls, bowling alleys and other license~ places of ammusemen~; 6. Newspaper, job printing or book binding. ?. Carpenter, furnitu_~e repairing or upholstering shop; electrical metal working, tinsmithtng, plumbingS water, gas or steam fitting shop; blacksmith, paint or paperhkug%~ig~ shop. 8. Dressmaking, shoe repairing, dying or dry cleaning shop; laundries. 9. Ar~ use of the same general character as the uses hereinbefore spe- cifically permitted, provided such business or use is not obno~×ius by reason of the emission of odor, dust, gas, smoke or noise, or by reason of being an excessive fire hazzard. B. ~ R~lations: In the commercial district, no building shall hereafter be erected or structurally altered to exceed four (4) stories or forty-five (45) feet in height. C. Area Rea~ulations: 1. Side Yard R~Gutrements~: In the commercial district no side yard shall be required exce?t as follows: or multiple dwelling a. Buildings erected or used for dwelling/purposes e×clusively shall comply with the side yard requirements of ~hei~r~e~pe~tik&~ disti-tcts~. b. Buildings ~rected or used for both dwelling and business purposes shall have two side yards, or set backs, of not less than five (5) feet in width on each side of any portion of the building used for dwelling purposes, if such portion is more than two (2) rooms in debth; provided however, than no such side yard shall be necessary on the street side of a corner lot. c. Along that side of every lot in the con~rcial district bordering upon property in the residential district there shall be a side yard of a width of not less than the width of a side yard required in the residential district, - ll'- 2. Rear Yard Reauirements: in the commercial district no rear yard shall be required except as follows: a. Buildings erected or used for dwelling or multiple dwelling lmirposes exclusively shall conform to the r~ar yard requirements of their res- pective b. On every lot in the commercial district the rear of which borders on property in the residential d~mutttple dwelling districts, there shall be a rear y~rd of a depth equal to not less than twice the width of a side yard required in such districts. Section 7. R~aulations for Industrial District. A. Use R~ulations. In the industrial district, unless otherwise provided in this ordinance, no lan~%or~jibuil~Ing shall be used, and no building shall' be here- after erected or structurally altered except for one or more of the following uses: 1. All uses permitted in the residential, multiple dwelling, snd commer- clal districts; but no special use permit need be secured for any use which is permitted in the residential, multiple dwelling or commercial districts upon the securing of such a special use permit. 2. Grain elevators and storage warehouses, railroad yards and railroad roundhouses, creameries, milk distributing stations and bottling works. $. Nasonry and stone cutting; canning factories. 4. Gasoline and oil bulk stations and distributing plants. 5. Contractor's paints ar~i accessory storage yards, but this shall not be construed to permit automobile or general junk yards. 6. Storehouses, express and houling offices or stations, ice plants, coal or lumber sales and storage yards, railroad stations or freight depots. 7. Any use of the same general character as the uses hereinbefore specific- ally permitted, provided such indusgry or use is not obno~ius by reason of the emission of odor, dust, gas, smoke or noise, or by reason of being 8n excessive fire hazzard, or by reason of being in conflict with any ordinance of the City of Columbia Height~ . 8. Provide~ further theft all'uses of an ind~strial nature must be by special permit of the City Council, and provided further that before any such special permit can be issued the application for the proposed mae ~hall - 12- be referred to the Planning Oommtssion for its review and recomendationso Section 8. General Provisions and Exceptions. The regulations and provisions of this ordinance shall be subject to the following interpretations and exceptions: ~. Use: 1. The following accessory uses, in addition to those hereinbefore specified shall be permitted in any residential district, pro- vided that such accessory use does not alter the character of the premises in respect to their use for the purpose permitted in such residential district: a. The renting of rooms and/or the providing of table board in a dwelling as an incidental use to that of occupancy as a dwell- ing of a character permitted in the residential district, but not to the extent of constituting a hotel as defined by this ~ ordinance, b. The operation of necessary facilities and equipment in connection with schools, churches, and other inst~ttutions permitted in th~ residential district. c. Recreation, refreshment ~nd service buildings in public parks and playgrounds. 2. Outdoor &dverttsing: No outdoor advertising structure or sign as hereinbefore defined shall be erected in the residential or multi- ple dwelling districts. ~ll outdoor advertising structures and signs erected in other ~istricts shall be constructed in accordance with the provisions of the Building Ordinance of the City of Columbia Heights. These provisions shall also include signs attached to, or painted on the walls or roofs of buildings. Provided, however, that s~gns may be erected and used in the following cases and under the following conditions: a. Signs displaying the n~me only of the property or prmises upon which displayed or the owner lessee thereof. b. Except as hereinbefore provided in Section 4 of this ordinance, ~ign~ not exceeding eight l~)~s~u~re ~feet in area pertaining only -1~- to the sale, rental or lease of the premises upon which dis- played, provided that all such ~igns shall be placed behind the set back lines. c. The following signs upon the securing of a special use per- mit, as provided in Section ll of this ordinmnce for each such sign: (1) Signs~adverti~ing the sale of a subdivision and located thereon. (2) Directional snd informational signs of a public or quasi- public nature, including signs serving as directional sigu~ to properties not situated adjacent to the street adjacent to which such signs are located. $. Nothing in this ordinance shall be deemed to prohibit the e~cavating of natural materials for the construction of a building permitted in the district in which the same is located, which building is to be constructed on the same lot from which such materi~l is excavated, and no use permit shall be required for such e~cavating. B. H~et~ht: 1. In any district with a height limit of less than seventy-five (78) feet, public and semi-public buildings, schools and churches, hos- pitals and other institutions permitted in such district may be erected to a height not exceeding seventy-five (7~) Neet, provided that the front, side and rear yards shall be increased one foot for each foot by which the building exceeds the height limit hereinbefore established for such district. 2. 0ne-f~nily dwellings in the residential district may be increased in height not to exceed ten (10) feet and to a total of not to e~ceed three ($) stories when two side yards of widths of not less th~n fifteen (l~) feet are provided. - 14 - S. Upon the securing of a special use permit as provided in Section ll of this ordinance, any buildin~ may be erected to a height ex- ceeding that hereinbefore specified for the respective district~ provided that the total floor areas of such building shall not ex- ceed that possible for a building in such respective district erected within the height limit hereinbefore ~spe~ified for such district. 4. Subject to any other provSsions of law, towers, gables, spires, penthouses, scenery lofts, cupolas, water tanks, similar structures and necessary appurtenances mas be built and used to a greater height than the ~mit established for the district in which the building i~ located; provided that no such exception shall cover at any level more than fifteen (15%) per cent in area of the lot nor have au area at the base greater than one thousand six hundred (1600) square feet; provided further, that no tower, gable, spire, or similar structure shall be used for sleeping or eating 9uarters or for any commercial purpose other tha~ such as may be incidental to the permitted uses of the main building; and provided~, further, that no building or structure in any district except the industrial district~sh"~tl ever exceed a maximum height of one hundred fifty (l~O) feet, except that the ~h~ight limitations of this ordinance shall not aN~ply to chimneys, church spires, flag poles, monuments and radio towers. 5. Where the average slope of a lot is greater th~n one foot rise or fall in seven feet of distance from the established street elevation at the property line, one story in addition to the number permitted in the district in which said lot is situated shall be peraitted on the downhill side of the building, provided, th~.t the height of the building shall not be increased above the limit specified for said district. C. Yards: 1. For the .purpose of computing front yard~ dimensions, measurements - 15 - shall be ts_ken from the nearest point of the front wall of the building to the street line, except that the certain architec- tural features hereinafter enumerated shall not be considered in making such measurements~ to-wit: a. Cornices, canopies,~eaves, or any other architectur'al features may extend beyond said front wall a distance of not exceeding two (2) feet six (6) inches. b. Fire escapes may extend beyond said front wall a distance not exceeding four (4) feet six (6) inches. c. A landing place or uncovered porch may extend beyond s,~id front wall to a distence not exceeding six (6) feet, provided that such landing place or porch shall have its floor no h~tgh~,r~'than the enterance floor of the building. A railing no higher than three (3) feet may be placed around such place. d. The above enumerat6d~.archt~ectural features may also extend into any sid~ yard or rear yard the s~me distance that they are oe~- mitted to extend beyond the front wall, except that no por~h, terrace or outside 'stairway shall project more thau three (3) fee t feet into any side yard and then, in the case of an outside stair~ way, only if the same is unroofed and unenclosed above and below the steps thereof. 2. In determining the depth of a rear yard for any building where such rear yard opens into an alley, one-half of the width of such alley, not exceeding ten (10) feet, may be considered as a portion of such rear yard; provided however, that this provi~ion shall not be so applied as to reduce the depth of any rear yard to less than ten (10) feet; and provided ftLrther, that in no case shall the door of ~ny building or improvement, except a fence, which door opens into any alley erected, constructed, or established closer to the center of such alley than a distance of fifteen (15) feet. - 16 . $. In case any accessory building is attached to the main building it shall be structurally a part thereof and shall comply in all respects with the requirements of this ordinance applicable to the main building. Au accessory building, unless attached to and me~e a part of the main building a~ above provided for, shall not be closer th~u five ~)~ feet to the main building, e~cept as other- wise provided in this section. 4. A detached accessory building not over one story and not exceeding twelve (12)~ feet in height h~ay occupy not to exceed thirty (50%) per cent of the ~rea of any rear yard. 8. Detached ac~cessery buildings in residential ~ud multiple dwelling' districts shall confo~to the following additional regulations ~ to their location upon the lot;provided, however, that where the slope of the £ro~t h~'I£ o? the lot is gz~eater th~ o~e/foou rise or fall in a distance of seven ~) feet from the established street elevation at the property line, or where the elevation of the lot at the street line is five (8) feet or?more above or below the established street elevation, a private garage may be built to the front ~nd side lines of the lot: a. In the case of ~n interior lot abbutting upon one street, no de- tached accessory building shall be erected or altered so as to encroach upon the front half o~ the lot. b. In case of ~n interior lot abutting on two or more streets, no detached accessory building shall be erected or ~ltered so as to encroach upon the one-fourth (~) of the lot nearest either street. c. In the case of a corner lot abutting upon two streets, no accessory building shall be erected or altered so as to encroach upon the front half (½) of the lot nor so that the sam~ will be nearer to the lot line along the street side of such lot than a dist~nce equal to the width of the side yard on the street side of such lot; pro- vided th~ on a corner lot adjacent to a key lot no detached access- ory building sh~ll be located nearer than a distance eGual to the depth of the front y~rd required ~n the key lot. - 17 - d. In the case of a corner lot abutting on more th~u two streets, no detached accessory building ~h~ll be erected or altered so ~ to be nearer the lot line along the street side of such lot than a distance eGual to the width of the hide yard on the street side of such lot, or nearer to any other street line of the lot th~n z distance eGual to one-fourth (¼) of the depth of the lot. e. No detached accessory building shall be within five (5) feet of the sid~line of the front half 'of any adjacent lot e~cept as hereinbefore specifically permitted. fo Notwithstanding any requirements of this section, the foregoinE rules shall not require any detached accessory building ~to be more than seventy-five (?6) feet from any street line bouuding the lot, and shall not require that the street side of any such accessory ~building be nearer the lot line opposite the street line thau twenty (20) feet. 8. l~or the purpose of securing and insuring reasonable visibility in the residential ~nd multiple 'dwelling districts, it is further pro- vided that no structure may be erected or any vegatation maintained other th~ tr~es brimmed up to a.height of eight (8) feet s~bove the curb level, ~ud shrubs or hedges trimmed below a height of three (~) feet above the curb level, for a distance of si~ty (80) feet from the ~enter of the i~tersection of any crossing streets. ?. ~ll buildings on masonry foundations hereafter erected on unplatted tracts a~joining platted p~rts of the City shall conform to the set back provisions of the adjoining platted part by e~tending the set back lines of the platted part adjoining the unplatted tr~. 8. In all future platted additions to the City, each residence lot shall be at least six thous~ud five hundred (8800) sGuare feet in ares, all streets shall be at least seventy (?0) feet wide, aud the C~ty Council may by resolution require all thoroughfare streets to be eighty (@0) feet wide. - 18 - 9. Except as provided in section l0 of this ordinance no building shall be erected or structurally altered for use as a dwelling On a lot having l~ss th~an forty (40) feet frontage on a street. Section 9. Non-Conforming Uses. A. Except as otherwise provided in this section, the lawful use of any land or building existing at the time of the adoption of this ordinance msy be continued although' such use does not conform to the regulations specified by this ordinance for the district in which such land or building is located; provided however, bhat no such non-conforming use of laud shall be enlarged or increased nor shall any such non-conforming use be extended to occupy a greater area of land than that occupied by such use at the time of the adoption of this ordinance; noP shall any such non-confOrming use be moved to any other part of the parcel .of lsnd upon which the ssme was conducted at the time of the adoption of this ordinance. A non-conforming use of a building existing at the time of the adoption of this or- dinance may be extended througho',~t the building, provided no structural alterations except those required by ordinance or law are made therein. If such non-conforming use of a~ substantial building is discontinued, and ces. ses for a continuous period ~one (1) year, any subsequent use of said building shall be',~,£n~conformity to the regulations specified by th~s ordinance for the district in which such building is located; however, if any non-conforming use of ~ands on which there are no substan- tial buildings ceases for any lenght of time, any subsequent use of such land shall be in conformity to the regulations specified by this ordinance for the district in which such land is located. B. If at any time any building in existence or maintained at the time of the adoption of this ordinance, which does not conform to the regulations for the district in which it is located, shall be destroyed by fire, earthquake,wind, water, or explosion to the extent of more than fifty (50%) per cent of its value, then with- out further action by the City Council, the said building and the ls~rd on which said building was located or maintained shall f~em and after the date of said destruction be subject to all the regulations specified by this ordinance for the district in which such building or land is located. Auy~ such building which is damaged to an extent of less than fifty (50%) per cent of its value may be restored to its former extent. Estimate of the extent of damage or destruction shall be nm~de by the City 8ouncil or its appointed ~gent. C. Any use for which a use permit is required or for which a use permit may be granted ttUder the terms of this ordinance, which use is existing at the time of the adoption of this' ordinance in any district which such use is speci- fically permitted subject to the securing of a mse permit shall without further action be deemed to be a conforming use in such district. D. Regardless of any provisions of this ordinance, no rjunk yard existing as a non-conforming use in a residential or multiple dwelling district at the time of the adoption of this ordinance shall continue as herein provided for non-conform- ing uses for more thau one (1) yesr after the adoption of this ordinance. E. Regardless of any other provisions of this ordinance, no outdoor adve~r- ttsing structure existing as a non-conforming use at the time of the adoption of this ordinance s~all continue as herein p~ovided for non-conforming uses for more than six (6) months after the adoption of this ordinance. Section 10. Adjustments~. The Planning Commission, subject to the approval and confirmation of the City Council, in each case as hereinafter provided shall have power to grant adjustments and exceptions in and to any of the prqvisions of~ this ordinance to the extent of the following mhd no further: A. Extent of Ad.~ustments: 1. To vary or modify the strict application of any of the regulations or provisions contained in this ordinance in cases in which there are practical difficulties or unnecessary hardships in the way of such strict 'application. 2. To permit the extension of a district where the boundary line thereof divides a lot in one ownership at the time of the adoption of this ordinsnce. B. Aooltcation for 'Ad.~ustment~s: Application for any adjustment permissible under the provisions of~ this section shall be made to the City ~{anager in the form of a written application for a building permit or for a permit to use the property or premises as set forth in said application. C. Public Hearing o._~n .ADolication: Upon receipt of any such application the City ~anager shall set a time and place for a public hearing before the Planning Commission on such application. The City ~{anager shall cause a'~public notice of such public hearing to be given by causing one notice thereof to be oublished in the official newspaper of the City of Columbia Heights at least ten (10) days be- fore the date of said hearing. At said hearing the applicant shall present a statement and adequate evidence in such form as the Planning Commission may re- quire, showing: 1. That there are special circumstances or conditiOns affecting the land, building or use referred to in the application. 2. That the granting of the application is necessary for the preservation and enjoyment of substantial property rights. 5. That the granting of the application will not materially affect adver- sely the health or safety of persons residing or working in the nei~b.- borhood of the property of the applicant, and will not be materially detrimental bo the pUbliC welfare or injurious to property or improve- merits in said neighborhood. 4. Th~ written consent of not less than fifty (50~%) per cent of the owners of all property within three hundred (S00) feet of the lot or property for which the adjustment is sought. D. ~ilin~ of Decision b_z Planning Commission: The Planning Commission shall file its written decision on said application with the City ~anager within ten (10) days after said public hearing,or any adjourned meeting thereof, If the application be denied no further action shall be taken upon it. If the Planning Oonmmission rec- emends the approzav cz the application the City Nanager shall sug~it that recommen- dation to the City Council at its next regular meeting after said aporo~al has been filed with him. E. Sco_~ ...and Content of PlanninM Commission,s Decision: In reporting its decision to the City Council the Planning Cor~nission shall report its findings with respect thereto and all facts in connection therewith. In reco~mnending any adjustment or variance under the provisions of this section, the Planning Co~miss- ion shall designate such conditions in connection therewith as will, in its opinion, secure substantially the objectives of the regulation or provision to which such adjustment or variance is granted, &~ to light, air, and the public health, safety, - 21 - comfort, convenience and general welfare. F. ADoroval of Reoort by Cit~ _Counci~l~: No permit shall be issued under the provisions of this section unless and until a decision of the Planning Com- mission, as aforea~id, approving the s~me, is approved and confirmed by the City Oourcil. Upon receipt of the decision of the Planning Commission the City Council shall by resolution either spprove and confirm the decision, with or without changes, whereupon the permit as applied for and approved may issue; or it shall refuse to ap?rove and confirm the decision. G. Guausntee of Compliance ~ith Conditions: In all cases in which adjustments or variances are granted under the provisions of this section, the Planning Cormmission and/Or the City Council shall require such evidence and guar- antees as either may deem necessary that the conditions designated in connection with the approval of the application are being and will be complied with. Section ll. Special Use Permits.. A. _l~_rooses for Which Granted: S~ecial Use per,nits m~y be issued for ar~ of the following purposes: 1. ~my of the uses or purposes for which such permits are required or permitted by the provisions of this ordinsnce. 2. Public utility or public service uses or public buildings in any dis- trict when found necessary for the public health, safety, convenience or welfare. 3. Commercial e~cavating of natural materials used for building or con- struction purposes, in any district. 4. The erection e~d maintenance of a stand or shelter for the sale of agricultural products produced on the premises. 5. To classify as a conforming use any institutional use existing in any district at the time of the establishment of such district. 6. To permit the location of any of the following uses in a district from which they are excluded by the '~rovisions of this ordinances airport, cormm~nity center, hospital, professional o~Nices$ any in- stitution of educational, philanthropic or charitable natureS ceme- tery , crematory, mausoleum or any other place for the disposal of the h~n~n dead. B. Apolication for .Special Us~e~ Per~it: Application for the issuance of a special use permit shall be m~de to the Planning Commission; provided however, that any proceedings to classify certain uses as~conforming uses as provided in this section may be initiated by such application or by the City C&uncil o~ by the Planning Co~nission. O. H~earing~ o~n Aoolication By Planning Commission: ~ne Planning Commis- sion may hold such hearings on the propos~l to issue a special use permit as it may deem necessary; but at least one public hearlug sh~ll be held on any aoplic~- tion or proposal for the use permit for the establish~nent of ~uy use listed in subsection A 8 of this section. Such public hearing shall be held on notice as provided in Section l0 of this ordinance. D..Re0ort and Eecommendati~on of Planntn~ ~Co~nission[ Following such hearing, the Planning Commission shall make a report to the City Council, in writing, upon the proposal and shall recommend to the Council whatever action it deems advisable; but it shall not recommend the grahting of a special use permit unless it finds that the establishment, maintenance, or conducting of , the use for which a use permit is sought or proposed will not under the cir- cumstances of the particular case be detrimental to the health, safety, morals, comfort, convenience or welfare~ of the persons residing or working in the neigh- borhood of such proposed use, and will not under the circumstances of the par- ttcular case be detrimental to the public welfare or injurious to property or improvements in the neighborhood. The Pls~uning Con,mission iu its report may designate conditions and require guarantees in the granting of special use permits in the manner provided in Section l0 of this ordinance for the gr~hting of ad- jusements. E. ApDroval~ by ~ Council.: Upon receipt of the report or recon~mendations of the Planning Commission, the City Council shall hold whatever public hearings it de~ms advisable, if any, and shall thereafter by resolution grout or refuse to grant the application for such special use permit. The City Council may make its grant of such application subject to such conditions and g~ar~ntees as are provided for in Section l0 of this ordinance for the granting of adjustments. F. _Granting o__f S~oecial Use P.e. rmit By C~ty Oounci! Alone: If the City ~ouncil finds that the conditions exist which are necessary under this section for the issuing of a special, use permit before th~ Planning Commission may or does reco~nend the granting of such a special u~se permit, the City Council may, after a public hearing held pursuant t~!a notice given in accordance with the provisions of Section 10.of this ordinance, issue a special use permit without a recommendation from the Planning Commission, and may make such permit subject to such conditions and guarantees as are provided for in Section l0 of this or- dinance for the granting of adjustments. Provided however thst the City Council shall not issue a special use permit without the recommendation of tl~ Planning Commission unless an application Or.'propbsal for such special use permit has be~ presented to the Planning Commission, and that body has failed or refused ~o act on said application or proposal for a period of thirty (SO) days after the sub- mission of such application or proposal to it. G. Establishment and Conduct%ug o__f Special Uses: Any special use per- mitted under the terms of Section ll of tht~ ordinance shall be established and, conducted in conformity with t~he conditions and guarantees attached thereto. Section 12. Certificate of Occupanc,y. A. Certificate of OccuDanc,y_ Whe.._~n Necessary: No vacant land in any dis- trict established by this ordinance shall hereafter be occupied or used, e~cept for agricultural purposes; and no buildings hereafter erected or structurally altered in any such district shall be occupied or used, and the use of any such building shall not be altered, until a certificate of eccupancy shall have been issued b~z the City Manager. B. _Apoli. cation ,For an___d I_ssuance of Sertificate$ Application for the Cer- tificate of Occupancy for a new building or for an existing building which ts.~to~be s~ruc,tUra!ly altered shall be mmde at the same time as ~application for permit ~ for building or structurally altering such building as required by Section 14 of this ordinance. Such certificate shall be issued within three (S) days after the filing with the City t~anager of a sworn statement, by the owner of the premises, or his authorized agent, stating that the erection or alteration of such building or part thereof has been completed in conformity with the provisions of this ordinance; and the filing of any false state~.~ent is hereby declared to con- stitute a violation of the provisions of this ordinance. C. Temoorary Certificate o~f ~ccuoancy: Pending the issuance of a Certificate of Occupancy a temporary certificate of occupancy m~y be issued by the City Nanager for a period of not exceeding six months, ~ud which ~em- by the City Nanager D~rary~certificate may be renewed/ once for a like period, pending the com- pletion of the erection or alteration of such building. Applications for ~id- itional extent~ons of temporary certificates ~occupan.cy over and above one renewal shall be made to the Planning Commission. Should the Planning Commiss- ion refuse to grant such e~tension of the temporary certificate of occupancy, occupancy of the premises of building involved shall cease within two (2) weeks after the filing of the ?l~nning Commission's decision with the City Nanager, provided a notice of the filing of said decision, in writing, is given to the applicant for the temporary certificate of occupancy not less than t~en (lC) d~ys before such occupancy is reGuired to terminate. Thereafter such premises of build- ing shall not be occupied until the building or alterations are completed in con- formity with the provisions of this ordinance. Such temporary certificate shall · not be construed as in any ering the~respective rights, duties and obligations of the owners or of the city relating to the use or occupancy of the premises, or any other matter, and shall contain such restrictions and provisions as will ade- quately insure the safety of the occupants. D; Certificate~ o~f 0~cupanc~ o_~f V~acant Lau__~d. ~ritten application for a certificate of occupancy for the use of v~cant l~nd or for a change in the char- acter of the use of laud, as herein provided, shall be made to the City ~anager before any such land shall be so occupied, provided however that no such eerti- ficate of occupancy shall be necessary where such vacsnt l~nd is to be used for agricultural purposes, Other than livestock forming or dairy. Such~ certificate of occupancy shall be issued within three ($) days after the application therefor has been made, provided such use is in conformity with the provisions of this ordinance. E. Contents of Certificate of 0ccupancz: Every certificate of occupancy shall state that the building or proposed use of the building or l~nd complies with all the provisions of law and of this ordinance. A record of ~ll certificates of - 2~ ,- occupancy shall be kept on file in the office of the City ~anager, and copies shall be furnished on request, to any person _having a proprietary or tenancy interest in the building or land affected. No fee shall be charged for a certificate of occu- pancy, or for copies thereof. F. Apolication for Certificate of Occupanc~ -- Buil.d. ing Permit: 1~o building permit for the erection or alteration of a building shall be issued before the application has been made for a certificate of occupancy. Section 13. Amendment of .Ordinance. This ordinance may be amended whenever the public necessity and convenience and general welfare require such amendment by the following pro~eedure specified in this sections A. Amendment How Initiated: An amendment nm%v be initiated by the City Council, or the Planning Con,misSion, or by a verified petition of not less than fifty (50%) per cent of the property owners affected by the proposed amendment and fifty- (50%) per cent of the property owners within three hundred (300) feet of the proposed change. All ustfch proposed amendments shall be referred to the P1 s-u~ing Oon~ission. B. tAzbltc Hearing and Reoort of Planning Commission: Before my pro- posed amendment is adopted the Planning Commission sh~&l hold at least one public hearing, published notice of which has been given in accordance w. ith the provisions of Section l0 of this ordinance. Within~ten (lC) days after such public hearing or the last adjourned meeting thereof, the Planning Co~mission shall make a report of its findings and recommendations twitherespect to the propesed amend~ent and shall file a copy thereof ~ith the City ~anager. C. Consideration B_~ City CoUncil: Upon the filing of such report the City Council sl~all hold such put;lic hearings upon the proposed amendment as it deems advisable. After the conclusion of such hearings, if any, the City Council may adopt the a~endment or any part thereof in such form as it deems advisable. Such amend~nent shall be effective only if four-fifths(4/5) of all the members of the coUncil concur in its passage. Section 14. A..pplications. for BuildinE Permits. All applicatio~ns for building permits hereafter made pursuant to the Building Ordinance shall be accompanied by a registered surveyor's certificate and pl~.n drawn to scale, showing the d&m~nsions of the lot to be built upon and the size and location of the main building and accessory buildings to be erected. Provided however, that applications for a building permit t~ structurally alter ~ existing buil&- ing need not be accompanied byysuch a certificate and plan, unles~ such struc- tur&l alteration will envolve the increasing of the outsid~ d~m~nsions of the building to be ~ltered, or the construction of accessory buildings. Applications for any kind of building permit shall in addition to the requirements of the Building Ordinance contain such additional information as m~y be deemed necessary by the City Manager or the Planning Commission for the proper enforcement ~f this ordinance. The City ~anager shall endorse his approval upon all such applications before the permit is issued by the City Clerk. Section l~. Administration- Enforcement - Penalties. A. City ~anager to Enforce: It shall be the duty of the City Manager to administer and enforce this ordinance through the proper legal ch~uels. B. Appeal From Rulin~s~ o_~f Cit,y ~..f~ua~er: Any determination or decision of the City ~anager made in the administration or enforcement of this ordtn~ce or of any section or subdivision thereof, may be appealed to the Planning Com- mission within thirty (S0) days after such determination or decision by the per- son deeming himself agrieved or adversally affected by such determination or decision. C..M..e~ring o_~f Appeal: A0olication for a review of any determination or decision of the City ~anager made under the provisions of this ordinance shall be made to the Pl~n~ing Conm~ission in writing. Such application sl~Rll set forth the determination orc~cision of the City ~anager and the reasons why the complainant deems himself agrieved or adversally affected. The Planning Commission sh~.ll hear the appeal at the next regular meeting of said Corm-~ission after the fil~ing of said application for review. A majority vote of five-sevenths (5/7) of the Plsnning Commission shall be necessary to set aside any determination or des- ision of the City' Nanager. D. Penalties.: Any person who shall violate any of the provisions of this ordinance or fail to comply with any of its provisions shall be guilty of a misdemeanor and upon conviction tl~ereof shall be punished by a fine of not to exceed One Hundred ($100.00) Dollars or by imprisonment for not to exceed ninety (90) days for each offense. Each day that a violation exists shall constitute a separate offense. Section 18. Validity; Should any section, clause, or provision of this ordinance be declared by the Courts to be invalid, the same shall not affect the validity of the ordinsnce as a whole or of any part thereof, other than the part so declared to be invalid. Section 17. Tim.__~e o__~f .T.,akinM Effect. This ordinance shall t~_ke be in force from and after thirty (S0) days after its passage. Second Reading: ~ Offered By.' Seconded. / Roll C~l: ~ecre~ary to ne 0ouucil. ' effect