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HomeMy WebLinkAboutOrdinance 1047ORDINANCE NO. 1047 BEING AN ORDINANCE AMENDING ORDINANCE NO. 853, CItY CODE OF 1977, PERTAINING TO PREPARED FOOD DELIVERY ESTABLISHMENTS The City Council of the City of Columbia Heights does ordain: Section 1: Section 9.103 of Ordinance No. 853, City Code of 1977, passed June 21, 1977 which reads as follows, to-wit: 9.103 DEFINITIONS The following words, and terms, whenever they occur in this Ordinance, are defined as follows: 9.103 (1) 9.103 (2) Accessory BuildinE 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 which is reasonably necessary and incidental to the conduct of the primary use of the main building or buildings. 9.1o3 (3) Alley: A public right-of-way which affords a secondary means of access to abutting property. 9.103 (4) 9.103 (5) 9.103 (6) 9.103 (7) Auto Reduction Yard: A lot or yard where one (1) or more unlicensed motor vehicles or the remains thereof ~re 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/truck sales and show rooms with incidental and. accessory sales and service facilities also permitted but not required. Bay: CantiLevered portion of a building. Basement: A port/on of a building located partly underground, but having less than half its floor-to-ceiling height below the average grade of the adjoining ground. 9.1o3 (8) Boardinghouse: A buildinE other than a motel or hotel where, for compensa- tion and by pre-arranagement for definite periods, meals and/or lodgings are provided for three (3) or more persons, but not to exceed eight (8) persons. 9.103 (9) Building: Any structure having a roof which=my provide shelter or en- closure of persons, animals or chattel. 9.103 (10) Building Height: A distance to be measured from the mean curb level alone the fron£ lo£ line or from the mean ground level for all of that portion of the structure having frontage 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 or other arch type roof, to the mean distance of the highest gab1e on a pitched or hip roof. 9.103 (11) Carport: An automobile shelter having one or more sides open. 9.103 (12) 9.103 (13) 9.103 (14) 9.103 (15) 9.1o3 (16) 9.103 (17) 9.103 (18) 9.1o3 (19) 9.103 (20) 9.103 (21) 9.103 (22) 9.103 (23) Cellar: That portion of the building having more than one-half (1/2) of floor-to-ceiling heights below the average grade of the adjoining ground. Church: 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. Conditional Use: See Section 9.105 (5). Conditional Use Permit: A permit specially and individually granted by the Council after public hearing thereon by the Commission for any con- ditional use so permitted in any use district. (See Section 9.105(5) ). Curb Level: The grade elevation as established'by the City, of the curb in front of the center of the building. ~here no curb level has been es- tablished, the City Engineer shall determine a curb level or its equivalent for the purpose of this Ordinance. D~ellinE: A building or one (1) or more portions thereof occupied or in- tended to be occupied exclusively by a family, but not including rooms in motels, hotels, nursing homes, boardinghouses, nor trailers, tents, cabins, or trailer coaches. Dwellin2-Attached: A dwelling which is Joined to another dwelling at' one or more sides by a common wall. D~ellins-Detached: A dwelling which is entirely surrounded by. open space on the same lot. I~ellinE-Multiple: A building so designed as to c~ntain three (3) or more dwellings as the principal use. Dwelling-Townhouse: Attached dwelling units, each w/th a separate entrance to front and rear yards. · Essential Service: Underground or overhead gas, electrical, steam, or water distribution systems; collection, communication, supply or disposal systems includin$ 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 buildings. Family: An individual, or two or more persons each related by blood, mar- ziage or adoption, living together as a single housekeeping unit; or a group of not more than four (4) persons not so related, maintaining a co, on household and using common cooking and kitchen facilities. 9.1o3 (24) 9.103 (25) Fence: A fence is any partition, structure, wall or gate erected as a dividing marker along property lines or within the required yard. 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 -2- 9.103 (26) 9.103 (27) rooms, inside off-street perkins or loading space. Neasurements shall be made from the center line outside of exterior vails. Floor Area (Gross): The sum of the gross horizontal areas of the several floors measured to the center line of the exterior vails. Floor Area Ratio: The numerical value obtained throuEh dividing the gross floor area of a buildin8 or buildings by the lot area on which such build- ing or buildings are located. 9.103 9.103 (28) Garaqe - Prlva~e: A detached accessory bulldln9 or portion of principal building, Including a carport, which is used primarily for storing passenger vehicles, trailers or one (I) truck of · rated capacity not in excess of nine thousand (9,000) pounds. Garaqe Sal~: 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 t~e sale [hall be a member of the family occupying the dwelling. 9.103 9.103 9.103 9.103 (30) Glare - Direct: a.)That part of the visible Ilght reaching an observer directly In a stralght 1lee from the source of its principal diffuser and/or Its associated focusing reflector. b.) Light described in (a) above, but reachln9 an observer by ref- lection from a surface or surfaces w~lch either: 1. Hove periodically under power of the wind, electricity, burning fossil fuel,'or slmllar energy source. 2. Or reflect 70~; or more of the light Incident upon .them; 3. Or produce by Imaging the effect of the conditions of part (a) above. (31) Home Occupation: Any galnful occupation meeting all of .the following requirements: When engaged in only by persons residing in the dwelling, which does not require additional parking, When evidence of the occupatlo, is not visible from the street~ when the principal structure becomes the base of operation for that occupation, and when not Involving the retell sales on the site of products produced off the site. (32) Hate1: A buildl.ng containing eight (8) or more quest rooms in which lodging is provided with or without meals for compensation and w~ich is o~en to transient, permanent guests or both, and where no provision ls made for cooking in any guest room, and in which Ingress and egress to end from all rooms is made through an inside lobby or office supervised by a person in charge. (33) Junk Yard: An area where used, waste, discarded or salvaged mater- ials 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 material in conjunction with a permitted manufactur- ing process when within an enclosed area or bulldlng shall not be included. -3- 9.103 9.103 9.103 (34} Kennel: Any premises where three (3) or more non-caged domestic animals over slx (6) 'months of age are kept, except for an animal hospital, pet shop or veterinary c11n1¢. (35) Land Reclamation: Depositing four hundred (400) cubic yards or more of material after the effective dace of this Ordinance so as to elevate the existing grade. (36) Lo__t: A parcel of land occupied or used or Intended for occupancy or use by a use permitted In thls Ordinance, abutting on a public street, and of sufficient slze to provide the yard required by this Ordinance. 9.103 (37)Lot of Record: Any 1or which Is one (I) 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 reglstered for which a Deeds'Auditor's Subdivision or Registered Land Survey has been recordedln the office of the Reglster°f Deeds or Registrar of Titles for Anoka County, Hinnesota prior to the effective date of this Ordinance. · 9.103 (38) Lot Area: T~e area of a lot in a horizontal' plan bounded by the lot lines, but not includlng any area occupied by the waters of a duly recorded lake or area which has been dedicated as a public right-of-way. 9.103 (3~) Lot Area per Dwe11inq Unit: The number of square feet of lot area required per dwelling unit. 9.103 (40) LGJL~_~_C]I~C: A lot situated at the ]unction of, and abuttlng on two (2) or more intersecting streets, or a lot at the point of deflection in alignment of a continuous street , the Interior ~ an~le of which does not exceed one hundred thirty-five (135) degrees. 9.103 (41) Lot Depth.: The mean horlzontal distance between the front 1or line and the rear lot' line of a lot. 9.103 (42) 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 the lot line for applylng this Ordinance. 9.103 (43) Lot Line - Front: That boundary of a lot which abuts a public street, and in the case of a corner lot it shall be the shorLest dimension on a pub]lc'street. If' the dimensions of a corner lot are equal, the front lot line shall be designated by the owner and filed with the City. 9.103 (44) Lot Line - Rear: That boundary of a lot which 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 pblnt at the rear, the rear 1or line shall be · line ten (10) feet in length within the lot, parallel to, and a't the maximum distance from the front lot line. 9.103 9.103 .9.103 9.103 9.103 9.103 9.103 9 · 103 9.103 (45) Lot Line - Side: Any boundary of a lot which is not & fro~t lot line or a rear lot llne. 9.103 (46) Lot - Through: A lot which has a pair of opposite lot ii,~s abutting two (2) substantially parallel streets, and which ,' not a corner 1or. On a through lot, both street lines shall be front lot lines for applying this Ordinance. (47) Lot Width: The maximum horizontal.distance between the slde lot lines of a lot measured within the first thirty (30) feet of th~. lot depth. (48) Moblle Home: A mobile home means a factory-built structure or structures equlpped with the necessary service connections and made s~ as to be readily movable as a unlt or units on its or their o~n running gear and designed to be used a~ a dwelling unit or units without a permanent foundation. The phrase ~%lthout a permanent foundatioW~ 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. (49) Moblle Home Park: A parcel of land so designed and Improved wlth utilities, parking pads, walks, access roadss etc. to accommodate~ mobile homes which are to be used as dwellings that have received State approval. (50) Motor Courtt Motor ~otel or Motel: A parcel of land upon ~hlch is located a bullding or group of buildings other than a hotel and used primarily as a temporary residence of a motorlst. (51) Motor Freight Terminal: A building or area where freight arrlvegs is removed or both for routing in Intra-state or Inter-state ship- ment by motor truck. (52) Motor Fuel Station: A retail place of business engaged prlmarlly in the sale of motor fuels, but may also be engaged in supplylng goods and services generally required in the operation and maintenance of motor vehicles. (53) Motor Fuel' Stati9n - Major: A primarlly retail place of business ~hich may engage In Major motor vehlcle repairs shall be located within three hundred (300) feet of a major thoroughfare, eay include auto wash as an accessory uses may operate a T.B.A. store. (54) Motor Fuel Station - ~inor: A retail place of business which shall have two service bays, and may engage In Minor motor vehicle repair. 9.103 (55) 9.103 Motor Vehlcle Repair - Ma~or: General repair, rebuildlng or reconditioning of engines, motor vehicles or trailers, including body work, frame work and ma~or painting service. Notor Vehicle Repair - Minor: The replacement of any part or repair of any part which does not require the removal of the engine head or pan, engine, transmission or differentials inclden- -5- 9.1o3 (57) tal body and fender work, minor painting and upholsterlng service when said service above stated is applied wlthin an enclosed building. Non-Conforming Structure: Any structure which ls legally exlstlng upon the effective date of thls Ordinance, which would not conform to the applicable regulations If the'structure were to be erected under the provisions of this Ordinance. 9.' o3 (58) 9.103 Non-Conformln~ Use: A use of land, buildings or structures la~fully existing at the time of adoption of thls O~dlnance which does not comply wlth all the regulations of this Ordinance or any use of land building or structure la~fully exlstlng, prlo~ to the adoptlon of an amendment which would not comply with ali of the regulations. NoxTous Hatter~ Haterlal: HaterZal capable of causlng Injury to living organisms by chemical reaction, or Is capable of causing detrl- mental effects on the physical or economic we11-belng of Indlvlduals. 9.103 9.103 (ti) 9.103 (62) .Nursery-Day: A use where care is provided for pay for three {3) or more children under kindergarten age.for periods of four (~1) hours or more per day. .. O..pen Sales Lot: Land devoted to the display of gOOds fo~ sale, rent, lease, advertising or trade where such goods are not enclosed ~'ithin a building but not including new or used cars' or trucks. Performance* Standard: Criterion establlshed to control noise, odor,. radiation, toxic or noxious matter, vibratlonL fire and explosive hazards, or glare or heat generated by or inherent in uses of land or buildlngs. 9.1o3 Public Hearing: Whenever the term Public Hearing is used in this Ordinance, unles~ otherwise specifically redefined, It shall mean a publlc hearing pursuant to a notice published once In the official newspaper of the City and also mailed to the individual c~ener of record, at least 10 days before the date of such hearing, which notice s,hall specify the general purpose, time and place of such hearing. Any such hearing after such publlcatlon may be continued, recessed or adjourned from time to tlme without any further publications or notice thereof. 9.1o:3 (6q) 9.1o3 (65) (66) 9.103 (67) Rooming House: A residential structure whlch offers aroom or rOOms without kitchen facilities for tent. Roomer: A person who is not a member of t~e family occupylng a room.for a cha~ge: Story: That portion of a building included between the ~urface 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 cell|rig next above. '-A basement shall be counted as a story. Street: A public rlght-of-~ay not less than fifty ($0) feet in width which affords a primary means of access to abutting property. -6 9. 03 ( 9.'103 (72) S. 3.03 .(72) 9. o3 (73) g. o3 (75) Structure: Anything constructed or erected, the use of which requires more or less permanent location on the ground or attach- ment to something having a permanent location on the ground, t/hen a structure is divided into separate parts by an unpierced wa11~ each part shall be deemed a separate structure. Structural Alteratlon: Any change, other than incidental repalrsm which would prolong the life of the supporting members of a buildlng, such as bearing walls, columns, beams, glrders's or foundations. Use: The purpose or activity for which the lands structure or bulldlng thee'eon is deslgned~ arranged, or Intended~ or. for which, it is occupled or maintalned. ~se - Conditional: Either a public or pri~ate use'as llsted'whlchm because of its unique characterlstics~ cannot be properly classified as a permitted use In a partlcular district. After considerations in each case, of the impact of such use upon nelghboring land, and of the public need for the particular use at the partlcular locati6n, such "conditional use" may not be granted or may 'be granted with appropriate condltlons by the Council. Use - Permitted: A use which may be lawfully ~stabllshed in a partlcular district or districts, provided it conforms with all requlrements~ regulatlons and performance standards, of such district. Use - Principal: The main use of land or buildlngs as distinguished from subordinate or accessory uses. A "prlncipal use" ~ray be either permitted or condi tional. Vendln.g Hachlne: Any coin operated device which dispenses a procuct or service without an attendant. Yard: A required open space on a lot, which is unoccupied and unob- ~trGcted by a structure from Its lo-est ground level to the sky except as expressly permitted In thls Ordinance. Off-street parking and open storage unless specifically Fovided for are encroachments.' A yard shall extend along a lot llne and at right angles to such lot line to a depth or ~;dth specified In the yard regulations for the district In whlch such lot is located. 9. 03 (.77) 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 Ilne to a depth required in the yard regulations for the district In which s~ch lot is located. Yard - Rear: A yard extending along the' full width of the rear lot line between the slde lot 1lacs and extending toward the front 1or llne for a depth as specified I~ the yard regulatlons for the district in which such lot is located. -7- (?s) 9. o3 (79) s. o3 Yard - Side: A yard extending along a side 1or Ilne between the front and rear yards, having a width as specified in the yard regulations for the district In which such 1or Is located. 2onln~ Administrator: Person appoint~d by the £Jty Manager as provided by this Ordinance. ~ Zo~in~ District: An area or areas within the limits of th~ City for which the regulations and requirements governing use are uniform. 9.103 (82) Yard: A required open.space on a lot, which is unoccupied and unob- structed by a structure from Its lowest ground level to the sky except ss expressly permitted in this Ordinance. Off-street parking and open storage unless specificallyFovlded for are encroachments. 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 distrlct in~hich such lot is located. 9.1o3 (83) 9.103 (84) 9.103 (85) 9.1o3 9.103 (87) 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 extendlng along the full width of the rear lot line between the side lot lines and extending toward the front lot ilne for a depth as specified In the yard regulations for the dlstrlct in which such lot is located. Yard - Side: A yard extending along a side lot ~Ine between the front 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. Zon.~ng District: An area or areas within the limits of the City for which the regulations and requlrements governing use are uniform. shall hereafter read as follows, to-wit: 9.103 9. o3 (z) 9..1.03 (2) 9. 03 (3) DEFINITIONS The following words, and ~erms, whenever they occur in th~s Ordinance, are defined as follows: .Accessory Building or Structure: A building or structure or portion of a structure subordinate to and serving the principal structure on the same Accessory Use: A use which ~s reasonably necessary and incidental to the conduct of the pr/mary use of the main building or buildings. Alley: A public right-of-way which affords a secondary means of access to abutting property. 9.1o3 (4) 9.1o3 (5) 9.103 (6) 9.103 (7) 9.1o3 9.103 (9) 9.103 (10) 9.103 (11) 9.103 (12) 9.103 (13) 9.1o3 (14) 9.1o3 (15) 9.103 (16) 9.103 (17) 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/truck .sales and show rooms with incidental and accessory sales and service facilities also permitted but not required. Bay: Cantilevered portion of a building. Basement: A portion of a building located partly underground, but having less than half /ts floor-to-ceiling height below the average grade of the adjoining ground. Boardinghouse: A building other than a motel or hotel where, for compensa- tion and. by pre-arranagement for definite periods, meals and/or lodgings ~are provided for three (3) or more persons, but not to exceed eight (8) persons. Building: Any structure having a roof which=my provide shelter or en- closure of persons, animals or chattel. Building Height: A distance to be measured from the mean curb level along the front lot line or from the mean ground level for all of that portion of the structure having frontage 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, ~o a point on the roof directly above the highest wall of a shed roof, to the uppermost point on a round or other arch type roof, to the mean distance of the highest gab1e on a pitched or hip roof. Carport: An automobile shelter having one or more sides open. Cellar: That portion of the building having more than one-half (1/2) of the floor-to-ceiling heights belo~ the average grade of the adjoining ground. Church: 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. Conditional Use: See Section 9.105 (5). Conditional Use Permit: A permit specially and individually granted by the Council after public.hearing thereon by theCommisston for any con- dtttonal use so permitted in any use district. (See Section 9.105(5) ). Curb Level: Se grade elevation as established by the City, of the curb in front o£ the center of the building, l~here no curb level has been es- tablished, th City F~gineer shall determine a curb level or its equivalent for the purpose of this Ordinance. I~ellinK:-A building or one (1) or more portions thereof occupied or tended to be occupied exclusively by a family, but not including rooms in motels, hotels, nursing homes, boardinghouses, nor trailers, tents, cabins, or trailer coaches. 9.103 (19) 9.103 (20) 9.103 (21) 9.103 (22) 9.103 (23) 9.103 (24) 9.103 (25) 9.103 (26) 9.103 (27) D~ellinR-Attached: A dwelling which is Joined to another dwelling at one or more sides by a con, non wall. Dwelling-Detached: A dwelling which is entirely surrounded by open space on the same lot. DwellinR-Mul~iple: A building so designed as to contain three (3) or more dwellings as the principal use. Dwelling-To~nhouse: Attached dwelling units, each with a separate entrance to front and rear yards. 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 buildings. Family: An individual, or two or more persons each related by blood, mar- riage 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. 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 center line outside of exterior walls. Floor Area (Gross): The sum of the gross horizontal areas of the several floors measured to the center line of the exterior walls. 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 build- ing oz buildings are located. 9.103 9.103 9.103 (28) Garage.- Private: A detached accessory bulldlng or portion of principal building, Including a carport, which is used primarily for storing passenger vehicles, trailers or one (I) truck of a rated capacity not in excess of nine thousand (~,O00) pounds. (2S) Garaqe Sal~: Any display of used 9oods end/or salesmen samples and sale of said goods on · property used prSmarily as a dwelling. The person conducting t~e sale ~hall be a member of the family occupying the dwelling. (30) Glare - Direct: a.)That part of the visible light reaching an observer directly in · straight Ilne from the source of Its principal diffuser and/or Its associated focusing reflector. - 10 - 9.103 9.103 9.103 9.103 9.103 9.103 b.) Light described in (a) above, but reaching an observer by ref- lection from a surface or surfaces w~Ich elther: 1. Hove periodically under power of the wind, electrlclty, burn!rig fossil fuel,'or similar energy source. 2. Or reflect 70~ or more of the light Incident upoq them; 3. Or produce by imaging the effect of the conditions of part (al above. (31) Home Occupation: Any gainful occupation meeting all of .the following requirements: When engaged in only by persons residing in the dwelling, which does not require additional parklng~ when evidence of the occupation is not visible from the street, when the principal structure becomes the base of operation for that occupation, and when not involvlng the retail sales on the site of products produced off the site. (32) Hotel: A buildlng containing eight (8) or more quest 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. - (33) Junk Yard: An area where used, Waste, discarded or salvaged mater- ials are bought, sold, exchanged, stored, baled, cleaned, packed, disassembled or handled Including but not Iimlted to scrap, Iron, and other metals, paper, rag~, rubber products, bottles and lumber. Storage of such material in conjunction with a permitted manufactur- ing process when within an enclosed area or building shall not be included. (34) Kennel: Any premises where three (3) or more non-~aged domestic animals over slx (6) months of age are kept, except for an animal hospital, pet shop or veterinary clinic. (35) Land Reclamatlon: Depositing-four hundred (/~00) cubic yards or more of material after the effective date of thls Ordinance so as to elevate the existing grade. (36).Lot: A parcel of 1and occupied or used or Intended for occupancy or use by a use permitted in this Ordinance, abutting on a public street, and of sufficient slze to provide the yard requlred by this Ordinance. 9.103 (37[ Lot of Record: Any lot which is one (1) unit of a plat heretofore or hereafter duly approved and flled~ or one (I) unit of an Audltor~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|n the office of the Register of Deeds or Registrar of Titles for Anoka County, Hinnesota prior to the effective date of this Ordinance. - 11 - · 9.103 (38) Lot Area: The area of a lot In a horlzontal- plan bounded by the lot lines, but not includlng any area occupied by the waters of a duly recorded lake or area which has been dedicated as a public ri ght-of-way. 9.103 (39) Lot Area per Owellinq Unit: The number of square feet of 1or area required per dwe111ng unit. 9.103 (40) ~: A lot situated at the Junction of, and abutting on two (2) or more Intersecting streets, or a lot at the point of deflection in alignment of a continuous street , the lnterior an§le of which does not exceed one hundred thirty-five (135) degrees. 9.103 (41) Lot Depth: The mean horizontal distance between the front lot line and the rear lot 11ne of a lot. 9.103 (q2) 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 publlc right-of-way shall be the lot llne for applying this Ordinance. 9.103 (43) Lot Line - Front: That boundary of a lot which abuts a publlc street, and in %he case of a corner lot it shall be the shorL=st dimension on a public street. If-the dimensions of a corner 1or are equal, the front Iot'line shall be designated by the o~ner and filed with the City. 9.103 (4q) Lot Line - Rear: That boundary of'a lot whlch Is opposite the front lot 1inc. If the rear lot line Is less than ten (10) feet in length, or If the lot forms a point at the rear, the rear 1or llne shall be a line ten (10) feet in length wlthin the lot, parallel to, and at the maximum distance from the front 1or line. 9.103 (45) Lot Line - Side: Any boundary of a 1or which ls not a fro.,t lot Ilne or a rear lot line. 9.103 (45) Lot - Through: A lot which has a pair of opposite lot lines abutting two (2) substantially parallel streets, and which ~' not a corner 1or. On a through lot, both street lines shall be front lot lines for applying this Ordinance. 9.103 9.103 (47) Lot ~idth: The maximum horizontal.distance between the slde lot lines of a lot measured within the first thirty (30} feet of lot depth. (48) Hoblle Home: A mobile home means a factory-built structure or structures equipped with the necessary service connections end,adc s~ as to be readily movable as a unit or unlts on Its or thelr o~n running gear and deslgned to be used as. a dwelling unit or units without a permanent foundation. The phrase "wlthout a permanent foundation" indicates that the support system Is constructed wlth the Intent that the moblle home placed thereon w111 be ~oved from tlme to time at the convenience of the o~ner. - 12 - 9.103 9.103 9.103 9.103 9.103 9.103 9.103 9.103 9.103 9.103 9.103 (49) (5O) (51) (52) (53) (54) (55) (56) (57) (58) (59) Mobile Home Park: A parcel of land so designed and improved with utilities, parking pads, walks, access roads, etc. to accommodate mobile homes which are to be used as dwellings that have received State approval. Motor Court, Motor Hotel or Motel: A parcel of land upon which is located a building or group of buildings other than a hotel and used primarily as a temporary residence of a motorist. Motor Freight Terminal: A building or area where freight arrives, is removed or both 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, shall be located within three hundred (300) feet of a major thoroughfare, may include auto wash as an accessory use, may operate a T.B.A. store. Motor Fuel Station-Minor: A retail place of business which shall have two service bays, and may engage in Minor motor vehicle repair. 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 which does not require the removal of the engine head or pan, engine, transmission or differential; incidental body and fender work, minor painting and upholstering service when said above stated is applied within an enclosed building. Non-ConfoIming Structure: Any structure which is legally existing upon the effective date of this Ordinance, which would not conform to the applicable regulations if the structure were to be erected under the provisions of this Ordinance. Non-Conforming Use: A use of land, buildings or structures lawfully existing at the time of adoption of this Ordinance which does not comply with all the regulations of this Ordinance or any use of land building or structure lawfully existing prior to the adoption of an amendment which would not comply with all the regulations. 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. 9.103 (60) Nursery-Day: A use where care is provided for pay for three (3) or more children under kindergarten age for periods of four (4) hours or more per day. 9.103 (61) 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. 9.103 (62) 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. 9.103 (63) Prepared Food Delivery Establishments: Any building where food is prepared for sale and consumption, which food must be consumed off the premises. For purposes of this provision, the term "premises" shall include but not be limited to the building and its outhouses, loading docks, sidewalks, landscaped areas, and parking and driveway areas. No food or beverage or any nature may be consumed upon the premises. Provided, however, an employee of the establishment may consume food and beverages upon the premises during times such employee is employed by the owner or owners of the establishment but only during such time as such employee is on duty as an employee of such establishment. 9.103 (64) Public Heating: Whenever the term Public Heating is used in this Ordinance, unless otherwise specifically redefined, it shall mean a public heating pursuant to a ntocie published once in the official newspaper of the City and alos mailed to the individual owner of record, at least 10 days before the date of such heating, which notice shall specify the general purpose, time and place os such heating. Any such heating after such publication may be continued, recessed or adjourned from time to time without any further publications or notice thereof. 9.103 (65) Rooming House: A residential structure which offers a room or rooms without kitchen facilities for tent. 9.103 (66) Roomer: A person who is not a member of the family occupying a room for a charge. 9.103 (67) 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. ^ basement shall be counted as a story. 9.103 (68) Street: A public tight-of-way not less than fifty (50) feet in width which affords a primary means of access to abutting property. 9.103 (69) 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. 9.103 (70) Structural Alternation: Any changes, other than incidental repairs, which would prolong the life of the supporting members of a building, such as bearing walls, columns, beams, girders, or foundations. 9.103 (71) 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. 9.103 (72) 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. After consideration, in each case, of the impact of such use upon neighboring land, and of the public need for the particular use at the particular location, such "conditional use" may not be granted or may be granted with appropriate conditions by the Council. 9.103 (73) 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. 9.103 (74) Use-Principal: The main use of land or buildings as distinguished from subordinate or accessory uses. A "principal use" may be either permitted or conditional. 9.103 (75) Vending Machine: Any coin operated device which dispenses a product or service without an attendant. 9.103 (76) 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. Off-street parking and open storage unless specifically provided for are encroachments. 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 fo rthe sitfict in which such lot is located. 9.103 (77) 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. 9.103 (78) 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. 9.103 (79) Yard-Side: A yard extending along a side lot line between the front and rear yards, having a width as specified in the yard regulations for the district in which such lot is located. 9.103 (80) Zoning Administrator: Person appointed by the City Manager as provided by this Ordinance. 9.103 (81) Section 2: 9.116 (4) (a) (b) (c) (d) (e) (f) Zoning District: An area or areas within the limits of the City for which the regulations and requirements governing use are uniform. Section 9.116 (4) of Ordinance No. 853, City Code of 1977, passed June 21, 1977 which reads as follows to-wit: Required off-street parking Calculating Spaces: When determining the number of off-street parking spaces required results in a fraction, each fraction of one-half (½) or more shall constitute 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. Single Family Dwelling: At least two (2) parking spaces, one of which shall be a garage. Two Family Dwelling: At least two (2) parking spaces per dwelling unit, one of which shall be a garage. Rooming House: At least two (2) parking spaces for each three (3) persons for which accommodations are provided for sleeping. Multiple Dwelling: At least two (2) parking spaces for each dwelling in the R-3 District, 1.5 in the R-4 District, and 1 in all "B" Districts, one of which shall be a garage. (h) (i) (J) (k) (i) Hotel: At least I parking space for each rental court provided in the design of the building. Motel: At least one (1) space 'for each dwelling unit or lodging room, plus one (I) additlonal space for each eight units. Schoolt E!ement.ary and Junior High: At least one (I) parking space for each class room plus one (I) additional space for each 300 student capacity. School, H]gh School through College: At least one (1) parking space for each seven (7) students based on the design capacity, plus one (I) additional space for each two (2) class rooms. Church~ Clubs: At least'one (1) parking space for each three and one"half (33) seats based on the design capacity of the main assembly hall. ~heatre~ Ballfield, Stadium: At least one (1) parking space for each eight (8) seats of design capacity. (m) (n) (o) (p) (q) (r) (s) (t) Hospital: At least one and one-half (1-i/2) parking spaces for each patient bed. Sanitarium, Convalescent Homem Rest Homem NursinS Home or Insti- tution: At least one (i) parking space for each six (6) beds for which accommodations are offered, plus one (1) additional space for each fifteen (15) beds. Medical or Dental Clinic or Veterinary Office: At least three (3) parking spaces for each staff doctor or dentist according to de- sign capacity. ' Prepared Food Establishments: At least one (1) parking space for each fifteen (15) square feet of gross floor area in building ex- cept an area equal to four (4) square feet for each seat provided. Bowling Alley: At least five (5) parking spaces for each alley, plus additional spaces as may be required herein for related uses such as a restaurant. Motor Fuel Stations: At least six (6) pa~king space~ plus two (2) off-street parking spaces for each service stall. Retail Store or Service Shop: At least one (1) off-street parking space for each two hundred (200) square feet of floor area (net). Restaurant, Cafe, ..~ar, Tavern, Night Club: At least one (1) space for each three (3) seats based on capacity design or where there is no design layout, one (1) space for each thirty-five (35) square feet of gross floor area. Provided, however, the City Council may by affirmative vote grant a contractual parking permit reducing the off-street parking requirement for a structure existing on August 8, 1977 by not more than fifty percent (50%) of the parking spaces re- - 17 - quired in Section 9.116(4) of this Ordinance when the o~ner of the lot petitions the City Council and the City Council finds at a hear- ing on such petition that: The proposed use designed at maximum capacity does not warrant the strict parking requirements of this section; and ii) The reduction in required off-street parking spaces will not cost an additional burden on other lots or on on-street park- ing spaces; and The lot size is not large enough to allow the highest and best use of the property ~ithout such contractual parking permit; and iv) The use of the property does not include the sale of intoxi- cating liquors; and v) Petitioner has filed an application not less than thirty (30) days before said hearing and has paid a permit fee set by Resolution of the Council; in the absence of a Resolution set- ting such fee, the application fee shall be $300.00; ~nd vi) The ~etitioner is the o~mer of good and marketable title to all of the property to vhich the contractual parking permit vould apply. Ovmership of the property shall be determined by the City Attorney based upon an abstract of title or registered property abstract certified to the current date and supplied to the City Attorney at petitioner's expense no later than fifteen (15) days prior to the hearing on the petition. vii) If the petition is granted by the City Councils the contractual parking permit may be issued only after the follo~rlng conditions have been mat: 1) The o~ner or o~ners and all lienho~ders of record shall Join in executing the contractual parking permit vhtch docu- ment shall be in a form recordable in the office of the Anoka County Recorder. The document shall provide that the rights therein granted to the petitioner by the City Council are not transferable or assignable to the petitioner's heirs, successors or assiEnss to any other persons personas bustnessess corpora- tions or to any other entity or entities. The document shall stmcify that the contractual parking permit shall be valid only for the exact use of the property specified in the permit ~nd that the permit shall be void tn the event the use of the pro- perty is changed or intensified regardless of the amount of off- street parking required for the changed or intensified use. Such document shall be in the'form of a covenant running~'tth the real property affected thereby. 2) Uses permitted by a contractual parking permit shall not con-- stitute non-conforming uses within the meaning of the Columbia Heights Zoning Code. - 18 - (u) (v) 3) A contractual parking permit may be discharged by the o~ner of the property by~rttten notice which shall be in.a form re- cordable in the office of the Anoka County Recorder and which form shall be properly executed by the o~ner or o~ners and all lienholders of record and delivered to the City Clerk. 4) The contractual parking permit shall lapse.upon the use of the property affected for purposes of s~rving alcoholic beverages. 5) Upon the contractual parking permit becoming invalid, dis- 'charged, or lapsing hereunder, the property affected thereby shall be subject to the strict provisions of the City Code. excepting this Section 9.116(4)(t), and violations of such strict provisions shall subject persons violating to the criminal sanc- tions therein contained. 6) The covenant referred to herein shall contain provisions al- loving the City to enter upon the property in case of violations for the purpose of enforcing the strict provisions of the City Code and to a11o~ the City to obtain such legal and equitable re- lief as a Court of competent ~urisdictionmay provide. The cove- nant shall further provide that the said o~ner or o~ners eXecut- ing the contract shall pay all attorneys' fees, court costs, and administrative fees incurred by the City in the enforcement' of the covenant. 7) Any covenant entered into hereunder and any'contractual parking permit issued hereunder shall automatically expire twenty five (25) years after the date of filing of the said covenant in the office of the County Recorder. Banks, Offices and/or Public Office Buildings: At least one (1) parking space for each two hundred (200) square feet up to 6,000 square feet of floor area (net) plus one (1) parking space for each two hundred fifty (250) square feet over 6,000 square feet (net). Undertaking Establishments: One (1) parking space for each five (5) seats or thirty five (35) square feet of seating area where there are no fixed ~eats, plus one (1) parking space for each two hundred ft2ty (250) square feet of floor area noff used for seating. (~) Furniture Store, Appliance Store, l~holesale and Warehouse: At least one (1) parking space for each four hundred (400) square feet of floor area (gross) up to 6,000 square feet, plus one (1) parking space for each 1,000 square feet over 6,000 square feet. (x) Open Sales Lots, Lumber Yardst Auto Sales: One (1) parking space for each two thousand (2,000) square feet of la~d up to the first eight thousand (8.000) square feet plus one (1) parkinS space for each four thousand (i. O00) square feet of land up to a parcel of 24.000 square feet plus one (1) parking space for each six thousand (6.000) square feet thereafter. (y) Auto Repair~ Boat and Harina Sales, Garden Store~.Trade Service Shops: Four (4) parking spaces' plus one (1) /or each eitht hundred (800) square feet of floor.area over the first 1,000 square feet. - 19 - (z) Skate, Dance Hallst Hiniature Golf) Private Clubst,Ice Arenas and Other Recreation Centers: Ten (10) parking spaces plus one (1) addi- tional space for each two hundred (200) square feet of floor area (net). (aa) NanufacturinR, Fabricating or Processi~s of a Product or Naterial: Four (4) off-street parking spaces plus one (1) for each four hun- dred (400) square feet of floor area (gross). · shall hereafter read as follows, to-wit: 9.116(4) .Requlred. Off-Street Parkin~l (a) Calculatln~ Spaces: Yhen determining the number of off-street parking spaces required results in a fraction, each fraction of one-half (½) or more shall constitute another'space. (hi Garage or Carport: A garage or carport shall be considered a parking space. However, a buildlng 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. Single Family Dwelling: At least two (2) parking spaces, one of which shall be a garage. (d) Two Family Dwelling: At least two (2) parking spaces per dwelling unit, one of which shall be a garage. (e) (f) Rooming.. House: At least two (2) parking spaces for each three (3) persons for which accommodations are provided for sleeping. Multiple Dwelling: At least two (2) parking spaces for eacli dwelling in the R-3 District, 1.5 in the R-ii District, and ! in sli "B' Districts, one of which shall be s garage. ih) Hotel: At least 1 parking space for each rental court provided in the design of the building. Motel: At least one (1) space for each dwelllng unit or lodglng room, plus one (I) additional space for each eight units. School) Elementary and Junior High: At least one (1) parking space for each class room plus one (I) additional space for each 300 student capacity. School,. .High School.. through College-. 'At least one (I) parking space for each seven (7) students based on the design capacity, plus one (1~ additional space for each two (2) class rooms. (k) l;h~rch, Clubs: At least one (I) parking space for each three and one-half (3½) seats based on the design capacity of the maln assembly hal I. (1) Theatre~ Ballfield,..Stadium: At least one (1) parking space for each eight (8) seats of design capacity. - 20 - Hospital: At least one and one-half (1-1/2) parking spaces for each patient bed. Sanitarium, Convalescent Home, Rest Home, Nursing Home or Insti- tution: At leastone (1) parking space for each six (6) beds for which accommodations are offered, plus one (1) additional space for each fifteen (15) beds. (o) Medical or Dental Clinic or Veterinax7 Office: At least three (3) parking spaces for each staff doctor or dentist according to de- sign capacity. ~repared Food Establishments: At least one (1) parking space for each fifteen (15) square feet of gross floor area in'building ex- cept an area equal to four (4) square feet for each seat provided. (q) Prepared FoodDelivery.'Establishment: At least one (1) parking space for each 180 square feet of gross floor area in building of the Prepared Food Delivery Establishment as such establish- ment is defined in Section 9.103(63). (p) .~owlin~ Alley: At least five (5) parking spaces for each alley, plus additional spaces as may be required herein for related uses such as a restaurant. (s) Hotor Fuel Stations: At least six (6) pa~king spaces plus two (2) off-street parking spaces for each service stall. (t) Retail Store or Service Shop: At least one (1) off-street parking space for each two hundred (200) square feet of floor area (net). Restaurant, Cafe, Bar~ Tavern, Niiht Club: At least one (1) space for each three (3) seats based on capacity design or where there is no design layout, one (1) space for each thirty-five (35) square feet.of gross floor area. Provided, however, the City Council may by affirmative vote grant a contractual parking permit reducing the off-street park/nE requirement for a structure existing on August 8, 1977 by not more than fifty percent (50Z) of the park/ng spaces re- quired in Section 9.116(4) of this Ordinance when the o~ner of the lot petitions the City Council and the City Council finds at a hear- ins on such petition that: The proposed use designed at maximum capacity does not warran£ the strict parking requirements of this section; and '' ii) The reduction in required off-street parking spaces will not cost an additional burden on other lots or on on-street park- ins spaces; and The lot size ia not large enough to allow the highest and best use of the property without such contractual parking permit; and iv) The use of the property does not include the sale of intoxi- cating liquors; and v) vi) vii) Petitioner has filed an application not less than thirty (30) days before said hearing and has paid a permit fee set by Resolution of the Council; in the absence of a Resolution net- ting such fee, the application fee shall be $300.001 and The ~etitioner is the oumer of good and marketable title to all of the property to vhich the contractual parking permit would apply. O~nership of the property shall be determined by the City Agtorney based upon an abstract of title or registered property abstract certified to the current date and supplied to the City Attorney at petitioner's expense no later than fifteen (15) days prior to the hearing on the petition. If the petition is granted by the City Council, the contractual parking permit may be issued only after the following conditions have been met: 1) The ovner or ovners and all lienholders of record shall Join in executing the contractual parking permit which docu- ment shall be in a form recordable in the office of the Anoka County Recorder. The document shall provide that the ~ights therein granted to the petitioner by the City Council are not transferable or assignable to the petitioner's heirs, successors or assigns, to any other person, persons, businesses, corpora- tions or to any other entity or entities. The document shall specify that the contractual parking permit shall be valid only for the exact use of the property specified in the permit and that the permit shall be void in the event the use of the pro- perty is changed or intensified regardless of the amount of off- street parking required for the changed or intensified use. Such document shall be in the form of a covenant ~unning urtth the real property affected thereby. 2) Uses permitted by a contractual parking permit shall not con-- stitute non-conforming uses ~ithin the meaning of the Columbia Heights Zoning Code. 3) A contractual parking permit may be discharged by the o~ner of the property by~rritten notice ~hich shall be in a form cordable in the office of the Anoka County Recorder and which form shall be properly executed by the ovner or ovners and all lienholders of record and delivered to the City Clerk. i) The contractual parking permit shall lapse upon the use of the property affected for purposes of serving alcoholic beverages. 5) Vpon the contractual parking permit becoming invalid, dis~ charted, or lapsing hereunder, the property affected thereby' shall be subject to the strict provisions of the City Code, exceptin8 this Section 9.116(~)(t), and violations of such strict provisions shall subject persons violating to the criminal sanc- tions therein contained. 6) The covenant referred to herein shall contain provisions al- loving the City to enter upon the property in case of violations for the purpose of enforcing the strict provisions of the City - 22 - Code and to allow the City to obtain such legal and equitable re- lief as a Court of competent Jurisdiction s my provide. The cove- nant shall further provide that the said o~ner or o~ners ~xecut- ins the contract shall pay all attorneyst fees, court costs, and administrative fees incurred by the City in the anforc~ent of the covenant. : 7) Any covenant entered into hereunder and any contractual parking permit issued hereunder shall automatically expire twenty five (25) years after the date of filing of the said covenant in the office of the County Recorder. (v) }anks, Officqs and/or Public Office Buildin2s: At least one (1) parking space for each two hundred (200) square feet up to 6,000 square feet of floor area (net) plus one (1) parking space for each two hundred fifty (250) square feet over 6,000 square feet (net). (w) Undertaking Establishments: One (1) parking space for each fiVe (5) seats or thirty five (35) square feet of seating area where there are no fixed seats, plus one (1) parking space for each two hundred fifty (250) square feet of floor area not Used for seating. (x) Furnit~re Store~ Appliance Store~ ~olesale and,,~arehouse,: At least one (1) parking space for each four hundred (400) square feet of floor area (gross) up to 6,000 square feet, plus one (1) parking space"for each 1,000 square feet over 6,000 square.feet. (Y) Open Sales Lots~.~umber Yards~ Auto Sales:'~..One (1) parking space for each two thousand (2,000) square feet of land up to the first eight thousand (8,000) square feet plus one (1) parking space for each four thousand (4,000) square feet of land up to a parcel of 24,000 square feet plus one (1) parking space for each six thousand (6,000) square feet thereafter. (z) Auto Repair, Boat and Harina..~les~ Gardqn Store~ Trade Service Shops: Four (4) parking spaces'plus one (1) for each eight hundred (800) square feet of floor area over the first 1,000 square feet. (aa) Skate~. Dance Rails, Hin~ature Colf,...PriVat~ C!u~s, Ic~.Arenas and Other Recreation Centers: Ten (10) park/ms spaces plus one (1) addi- tional space for each t~mhundred (200) square feet of floor area (net). (bb) .._Nanufacturin~, Fabricati~g or Processin2 of a Product or ltaterial: Four (4) off-st~eet packing spaces plus one (1) for each four hun- dred (400) square feet of floor.rea Section S: Section 9.113{2) of O~dinance ~o. 653, Ctt~ Code of 1977, passed June 21, 1977 which reads as follows, to-~lt: 9.113(2) Condltional Uses Within any "RB" Business District, no structure or land shall be used for the following uses except by'conditional use permit. - 23 - (a) Accessory buildings. (b) Dwelling units provided. (c) The units do not access the first floor, and Access to dwelling is an exclusive entrance. (d) Off street parking lots subject to Section 9.116 (2). (e) Public utility structures which shall conform to the yard requirements and architectural style of the neighborhood. (f) Open sales lots subject to Section 9.116 (14). (g) Motor fuel stations (minor) subject to Section 9.117. (h) Restaurant, cafe, tea room, bar, prepared food outlets subject to Section 9.116 (15). (i) Drive-in businesses subject to the following requirements: 1) Hours of operation shall be confined to the period between 10:00 am and 1:00 am for those serving food or drink. 2) The entire area shall have a drainage system approved by the City Engineer. 3) The entire area other than that occupied by the structure or planting shall be surfaced with a material which will control dust and drainage to the approval of the City Engineer. 4) A box curb at least six (6) inches above grade shall separate the public walk from the lot except at approved entrances or exists. 5) The lighting shall be accomplished in such a way as to have no direct source of light visible from the public right-of-way or adjacent land in residential use. (a) Arcades. Shall hereafter read as follow, to-wit: 9.113 (2) Conditional Uses Within any "RB" Business District, no structure or land shall be used for the following uses except by conditional use permit. (a) (b) (c) (d) Accessory buildings. Dwelling units provided. The units do not access the first floor, and access to dwellings is an exclusive entrance Off-street parking lots subject to Section 9.116 (2). (e) (f) (g) (h) (i) (J) Section 4: 9.116 (15) Public utility structures which shall conform to the yard requirements and architectural style of the neighborhood. Open sales lots subject to Section 9.116 (14). Motor fuel stations (minor) subject to Section 9.117. Restaurant, cafC tea room, bar, prepared food outlets subject to Section 9.116 (15) and Prepared Food Delivery Establishments as such establishments are defined in Section 9.103 (63). Drive-in businesses subject to the following requirements: (a) Hours of operation shall be confined to the period between 10:00 am and 1:00 am for those serving food or drink. (b) The entire area shall have a drainage system approved by the City Engineer. (c) The entire area other than that occupied by the structure or planting shall be surfaced with a material which will control dust and drainage to the approval of the City Engineer. (d) A box curb at least six (6) inches above grade shall separate the public walk from the lot except at approved entrances or exits. (e) The lighting shall be accomplished in such a way as to have no direct source of light visible from the public right-of-way or adjacent land in residential use. Arcades Section 9.116 (15) of Ordinance No. 853, City Code of 1977, passed June 21, 1977 which reads as follows, to-wit: Prepared Food Outlets Food outlet stores in the "RB" District shall be subject to the following standards: (a) The required yard abutting the public right-of-way shall be landscaped and said landscaping shall be separated from the surfaced part of the lot by a curb six inches (6") or more in height. Co) Hours of operation shall be confined to the period between 10 am and 1 am, except for those sites located fifty feet (50') or more from the "R" District and fronting on a major thoroughfare. (c) The entire site other than the area occupied by a building or landscaping shall be surfaced according to a grading plan approved by the City Engineer. (d) The outdoor lighting system shall be so designed that no direct source of light is visible from the public right-of-way or adjacent land. (e) When prepared food is served to the customer in a carry-out container, a proposed system of trash containers and trash removal from the site shall be submitted to the City for approval; said system to include the pick-up of papers and other material which initiated from the prepared food site that are deposited within three hundred (300) feet of the site. (t) A proposed system of ingress, egress, and parking shall be submitted for approval by the City. Curb cuts shall not be permitted within fifty (50) feet of the intersection of the curb line on major and secondary thoroughfares. Shall hereafter read as follows, to-wit: 9.116 (15) Prepared Food Outlets Food outlet stores in the "RB" District shall be subject to the following standards: (a) The required yard abutting the public right-of-way shall be landscaped and said landscaping shall be separated from the surfaced part of the lot by a curb six inches (6") or more in height. (b) Hours of operation shall be confined to the period between 10 am and 1 am, except for those sites located fifty feet (50') or more from the "R" District and fronting on a major thoroughfare. (c) The entire site other than the area occupied by a building or landscaping shall be surfaced according to a grading plan approved by the City Engineer. (d) The outdoor lighting system shall be so designed that no direct source of light is visible from the public right-of-way or adjacent land. (e) When prepared food is served to the customer, in a carry-out container, a proposed system of trash containers and trash removal from the site shall be submitted to the City for approval; said system to include the pick-up of papers and other material which initiated from the prepared food site that are deposited within three hundred (300) feet of the site. (0 A proposed system of ingress, egress and parking shall be submitted for approval by the City. Curb cuts shall not be permitted within fifty (50) feet of the intersection of the curb line on major and secondary thoroughfares. Sections 9.116(15)(a), (b), (c), (d), (e), and (f) shall not apply to any Prepared Food Delivery Establislment as such establishment is defined in Section 9.103(63). Section 5: This ordinance shall be in full force and effect from and after thirty (30) days after its passaEe. First zeading: Second reading: Date of passage: July 11, 1983 July 25, 1983 July 25, 1983 Offered by: Petkoff Seconded by: Hovland Roll call: Hovland, Petkoff, Hentges, Nawrocki--aye ~/ Norberg--nay Bru~e~'G. Na~rrocki, Hayor LAn'ge S~ud~ni, Se'~r. eaary to the Council _ 27 -