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April 9, 2001 Regular
CITY OF COLUMBIA HEIGHTS 590 40th Avenue N.E., Columbia Heights, MN 55421-3878 (763) 706-3600 TDD (763) 706-3692 Visit Our Website at: www. ci. columbia-heights, mn.us ADMINISTRATION April 6, 2001 M~(vor Gary L. Peterson Councilmembers Marlaine Szurek Julienne Y~yckoff Bruce Nawrocld Robert A. Williams City Manager [Valter R. Fehst The following is the agenda for the regular meeting of the City Council to be held at 7:00 p.m. on Monday, April 9, 2001 in the City Council Chambers, City Hall, 590 40th Avenue N.E., Columbia Heights, Minnesota. The City of Columbia Heights does not discriminate on the basis of disability in the admission or access to, or treatment or employment in, its services, programs, or activities. Upon request, accommodation will be provided to allow individuals with disabilities to participate in all City of Columbia Heights' services, programs, and activities. Auxihaty aids for disabled persons are available upon request when the request is made at least 96 hours in advance. Please call the Deputy City Clerk at 763-706-3611, to make arrangements. (TDD/706-3692 for deaf or hearing impaired only) 1. CALL TO ORDER/ROLL CALL 2. PLEDGE OF ALLEGIANCE 3. ADDITIONS/DELETIONS TO MEETING AGENDA (The Council, upon majority vote of its members, may make additions and deletions to the agenda. These may be items brought to the attention of the Council under the Citizen Foram or items submitted after the agenda preparation deadline.) CONSENT AGENDA (These items are considered to be routine by the City Council and will be enacted as part of the Consent Agenda by one motion. Items removed from consent agenda approval will be taken up as the next order of business.) A) MOTION: Move to approve the Consent Agenda items as follows: 1) Minutes for Approval a) MOTION: Move to approve the minutes of the March 26, 2001, regular City Council meeting as presented. b) MOTION: Move to approve the April 2, 2001 Board of Review meeting as presented. c) MOTION: Move to approve the March 19, 2001 Zone 5 Public Improvement Heating, as presented. 2) Establish Work Session Meeting Date for Monday, April 16, 2001 and cancel Joint School Board meeting of April 18, 2001 MOTION: Move to establish a Work Session meeting date for Monday, April 16, 2001 at 7:00 p.m. in the City Hall Conference Room 1; and cancel the Joint School Board, and cities of Fridley, Hilltop and Columbia Heights City Councils for Wednesday, April 18, 2001. 3) Authorize contract with Phil Suckerman for Transitional Liquor Management Services MOTION: Move to authorize the Mayor and City Manager to enter into a consulting contract with Phil Suckerman for consulting services at an hourly rate of $100 per hour with the total hours not to exceed 150 hours and to pay transportation, meal and lodging expenses related to the contract. THE CITY OF COLUMBIA HEIGHTS DOES NOT DISCRIMINATE ON THE BASIS OF DISABILITY IN EMPLOYMENT OR THE PROVISION OF SERVICES eQUAL OPPORTUniTY EMPLOYER City Council Agenda April 9, 2001 Page 2 of 3 4) Authorize payment to the Municipal Beverage Association to oppose legislation allowing the sale of wine in grocery stores. MOTION: Move to authorize the payment of $10,000 to the Minnesota Municipal Beverage Association as dues to oppose legislation allowing the sale of wine in grocery stores. 5) Establish Hearing Date regarding License Revocation or Suspension of Rental Properties at 4032 Van Buren Street NE MOTION: Move to Establish a Hearing Date of April 23, 2001 for Revocation or Suspension of a License to Operate a Rental Property within the City of Columbia Heights against Scot Owens at 4032 Van Buren Street. 6) Approve Rental Housing License Applications MOTION: Move to approve the items listed for rental housing license applications for April 9, 2001. 7) Approve Business License Applications MOTION: Move to approve the items as listed on the business license agenda for April 9, 2001. 8) Approve Payment of Bills MOTION: Motion to pay the bills, as listed, out of the proper fund. 5. PROCLAMATIONS, PRESENTATIONS, RECOGNITIONS AND GUESTS A) Proclamations B) Presentations C) Introduction of New Employees 1) John Nordlund - Park Maintenance D) Recognition o PUBLIC HEARINGS A) Second reading of Ordinance No. 1428, being an Ordinance amending Ordinance No. 818 pertaining to Zoning and Development MOTION: Move to waive the reading of Ordinance No. 1428, there being ample copies available to the public. MOTION: Move to adopt Ordinance No.1428 being an Ordinance amending Ordinance No. 818 pertaining to Zoning and Development. 7. ITEMS FOR CONSIDERATION A) Other Ordinances and Resolutions B) Bid Considerations C) Other Business 1) Conditional Use Permit Case #2000-0406, 508 40th Avenue NE. MOTION: Move to approve the conditional use permit to allow a dwelling unit on the second floor of the building at 508 40th Avenue NE, subject to the following conditions: 1. All required State and local codes, permits, licenses and inspections shall be met and in full compliance. 2. At no time shall any space directly associated with the dwelling unit occupy the first floor of the building. This shall include, but not be limited to kitchens, restrooms, and bedrooms. City Council Agenda April 9, 2001 Page 3 of 3 3. The two off-street parking spaces provided shall be striped and signed in a manner that is consistent with applicable regulations and shall be provided with bumper curbing. Any future commercial use in the lower floor space shall also provide additional legal striped parking to meet the requirements for future use of the building. 4. The fence in the front of the property facing 40th Avenue shall be repaired. 5. Railings shall be installed on the two back pomh landings to meet building code. 6. Second stairwell on back porch shall be installed for a clear exit to parking lot. 7. Siding and window trim on the entire building shall be finished. 8. Entire property shall be cleaned up and properly maintained on a regular basis. 9. Pole Structure on property shall be torn down. 10. Large hole in paved parking area shall be filled in. 11. All stated conditions shall be met within 30 days of formal approval or the conditional use permit shall be revoked. 8. ADMINISTRATIVE REPORTS A) Report of the City Manager 1) Upcoming Work Session Items B) Report of the City Attorney GENERAL COUNCIL COMMUNICATIONS A) Minutes of Boards and Commissions 1) Meeting of the Public Library Board of Trustees meeting of March 6, 2001. 2) Meeting of the Economic Development Authority meeting of February, 20, 2001 3) Meeting of the Housing & Redevelopment Authority Special meeting of September 25, 2000 4) Meeting of the Library Board of Trustees meeting of April 3, 2001 10. CITIZENS FORUM (At this time, citizens have an opportunity to discuss with the Council items not on the regular agenda. The citizen is requested to limit their comments to five minutes. Please note the public may address the Council regarding specific agenda items at the time the item is being discussed.) 11. ADJOURNMENT Walter R. Fel~s~ ~it~'fgI~Iger WF/pvm OFFICIAL PROCEEDINGS COLUMBIA HEIGHTS CITY COUNCIL REGULAR COUNCIL MEETING MARCH 26, 2001 The regular meeting of the City Council was called to order at 7:00 p.m. on Monday, March 26, 2001 in the City Council Chambers, City Hall, 590 40th Avenue N.E., Columbia Heights, Minnesota. CALL TO ORDER/ROLL CALL Present: Councilmember Williams, Councilmember Szurek, Councilmember Wyckoff, Councilmember Nawrocki, and Mayor Peterson PLEDGE OF ALLEGIANCE ADDITIONS/DELETIONS TO MEETING AGENDA - None CONSENT AGENDA Walt Fehst, City Manager, removed item #3, Pet Contract, for discussion following the consent agenda. A) MOTION by Szurek, second by Williams to approve the Consent Agenda items as follows: 1) Minutes for Approval Motion to approve the minutes of the March 12, 2001, regular City Council meeting as presented. 2) Establish Work Session Meeting Dates for April Motion to establish Work Session meeting dates for Monday, April 2, immediately following the Board of Review meeting in the City Hall Council Chambers, and Tuesday, April 3, 2001 at 5:00 p.m. at Murzyn Hall; and a Special Joint meeting with the District 13 School Board, and cities of Fridley, Hilltop and Columbia Heights City Councils for Wednesday, April 18, 2001 at 5:30 p.m. at the Columbia Heights High School Family Center. Fehst stated the first Work Session would be April 2, for a limited time, immediately following the Board of Review hearing. Discussion will include: Legislation regarding wine sales in grocery stores, contracting transitional services of the liquor manager upon his retirement for a six month period, and a payment of bill format similar to the Shoreview payment of bills. Fehst stated the April 3 Work Session wouM be discussion of the proposed Zoning and Development Ordinance, inviting the Planning and Zoning Commission for their input. Nawrocki requested information on this proposed ordinance be included in the summer newsletter. Fehst stated the April 18 Joint meeting would be the quarterly meeting with School District #13, and the cities of Fridley, Hilltop, and Columbia Heights. 3) Approve Animal Impound Contract with Camden Pet Hospital - removed for discussion 4) Authorize Attendance at Out of Town Conference by Police Explorers Motion to authorize the attendance of Officer Joe Sturdevant as advisor and four police Explorers at the 2001 State Law Enforcement Explorer conference on April 26-29, 2001, at Breezy Point, Minnesota, with costs to be covered out of the 2001 Police Department budget, 101-42100-3320. Fehst stated this is the highlight of year for the Police Explorers, and the total expense is $720. City Council Minutes March 26, 2001 Page 2 of 9 5) Approve Payment of Project Safety Net Billing for 2001 Motion to approve the payment of $6,000 to cover the cost of Project Safety Net for the year 2001, with the cost of the program to be covered as follows: $6,000 from the 2001 Minnesota Department of Economic Security, Juvenile Accountability Block Grant. Fehst stated this is secured through a grant, and saves our officers time and effort. Offenders are held in the designated area in Fridley and kept there until parents or custodians are notified. 6) Approve2001Board/CommissionReappointments-removed for discussion 7) Renewal of Contract for Automated Library System with Anoka County Library Motion to authorize the Mayor and City Manager to enter into Anoka County Contract No. 2001- 0066 with the Anoka County Library to participate in an automated library system. Nawrocki questioned the current cost. Fehst estimated the cost would be $3,100, based on the previous year. 8) Authorize Response to Auditor's Notice for Sullivan Lake Tax Increment District Motion to authorize the City Manager to respond to the Auditor's letter relating to the Sullivan Lake Tax Increment District, and indicate disagreement with its findings. Fehst stated this authorization is to work with the county to resolve what the TIF should be for the Sullivan Lake District. 9) Approve Rental Housing License Applications Motion to approve the items listed for rental housing license applications for March 26, 2001. 10) Approve Business License Applications Fehst stated there were no license requests. 11) Approve Payment of Bills Motion to pay the bills, as listed, out of the proper funds. 12) Approve/Adopt Resolution 2001-32, Requesting Municipal State Aid System Construction Funds for Other Local Transportation Uses Motion to waive the reading of the resolution, there being ample copies available to the public. Motion to approve and adopt Resolution #2001-32, requesting Municipal State Aid System construction funds for other local transportation uses. Fehst stated that since the MSA system is complete, the City is allowed to use certain portions of the funds for other local street rehabilitation programs. A portion is used to reduce the resident's cost of street work. Kevin Hansen, Public Works Director, indicated $170, 000 is used annually for local street projects. RESOLUTION #2001-32 BEING A RESOLUTION REQUESTING MUNICIPAL STATE AID SYSTEM CONSTRUCTION FUNDS FOR OTHER LOCAL TRANSPORTATION USES WHEREAS, the City of Columbia Heights receives Municipal State Aid System (MSAS) funds for construction and maintaining 20% of its City streets, and WHEREAS, 11.65 MSAS miles are currently authorized, and City Council Minutes March 26, 2001 Page 3 of 9 VOtEREAS, 11.65 MSAS streets have been built or resurfaced since 1964, and WHEREAS, the City currently has 47.08 municipal streets that require maintenance and upgrade, and WHEREAS, the majority of these streets have insufficient strength and poor surface drainage, and WHEREAS, it is proposed to systematically install or repair concrete curb and gutters for improved surface water drainage and additional strength to the streets for traffic survivability, and WHEREAS, the City State Aid routes are improved to State Aid standards and are in an adequate condition that they do not have needs other than additional resurfacing, and WHEREAS, it is authorized by MN Rules 8820.1800 to use part of the MSAS construction appropriation of our City's State Aid allocation on local streets not on the approved State Aid system, and WHEREAS, the City proposes to rehabilitate the City-owned underground utilities as needed and rebuild the street in the process, and WHEREAS, it is proposed to use a portion of the City's population allocation funds to upgrade the local street, to wit: 6th Street (44th Ave to 47th Ave), 7th Street (47tnAvenue to 48th Ave), Monroe Street (44th Ave to 45th Ave), Quincy Street (41st Ave to 45th Ave), Jackson Street ( south of 42na Ave to 43rd Ave and 44th Ave to 45th Ave), Van Bnren Street (42nd Ave to 43rd Ave and 44th Ave to 45th Ave), 47th Avenue (Monroe St to the Cul-de- sac) and 47 ½ Avenue (Monroe St to Jefferson St) combined with other non-eligible construction, and WltEREAS, the City indemnifies save and holds harmless the State of Minnesota and its agents and employees from claims, demands, actions, or causes of action arising out of or by reason or matter related to constructing the local street as designed, and WHEREAS, the City further agrees to defend at its sole cost any claims arising as a result of constructing the local street, and WHEREAS, the final approval of the State Aid for Local Transportation Division is therefore given, NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF COLUMBIA HEIGHTS, MINNESOTA that: thc City of Columbia Heights, Anoka County Minnesota, requests the release of MSAS construction funds for th th th th th the upgrade and reconstruction of City municipal streets, to wit: 6 Street (44 Ave to 47 Ave), 7 Street (47 Avenue to 48th Ave), Monroe Street (44th Ave to 45th Ave), Quincy Street (41st Ave to 45th Ave), Jackson Street ( south of42"d Ave to 43rd Ave and 44th Ave to 45th Ave), Van Bnren Street (42"d Ave to 43ra Ave and 44th Ave to 45th Ave), 47th Avenue (Monroe St to the Cul-de-sac) and 47 ½ Avenue (Monroe St to Jefferson St) Dated this 26th day of March, 2001. Offered by: Szurek Seconded by: Williams Roll Call: All ayes Mayor Gary L. Peterson Patricia Muscovitz, Deputy City Clerk City Council Minutes March 26, 2001 Page 4 of 9 13) Award of 2001 Plant Mixed Bituminous Materials at Unit Prices Listed Motion to award the 2001 Plant Mixed Bituminous Materials contract based on the unit prices and vendors listed, up to a maximum contract amount as approved in the 2001 Public Works budget, and to authorize the Mayor and City Manager to enter into an agreement for the same. Fehst listed the dollar amounts. 14) Award Bid for 2001 Road Aggregates at Unit Prices Listed MOTION: Move to award the 2001 Road Aggregates contract based on the trait prices and vendors listed, up to a maximum contract amount as approved in the 2001 Public Works budget, and to authorize the Mayor and City Manager to enter into an agreement for the same. Fehst listed the dollar amounts. Nawrocki questioned the dollar amount compared to last year. Hansen stated the increase is an average of 3 percent. Upon vote: Williams - aye, Szurek - aye, Wyckoff- aye, and Nawrocki -aye, Peterson - aye. All ayes, Motion carried. #3 Approve Animal Impound Contract with Camden Pet Hospital Motion by Nawrocki, second by Wyckoff, to approve the contract between the City of Columbia Heights and Camden Pet Hospital for animal impound services for the City of Columbia Heights and to authorize the Mayor and the City Manager to enter into a contract for the period of April 1, 2001 to January 31, 2004. Fehst stated that Dr. Cynthia Fetzer, of the Camden pet hospital in North Minneapolis was present and had been approached for animal impound services. Nawrocki questioned if the City pays impound and boarding fees if the owner does not claim the animal Tom Johnson, Police Chief stated we wouM and that $I6,500 is budgeted for animal impounds. He estimated that 40percent of the time owners pick up the animal The impound fee will be paid to the Police Department. Animals are disposed of afler five days if not recovered. Approximately eleven animals per month are impounded, with a cost last year of $14, 000. Wyckoff stated she visited the facility and was pleased with the care given. Dr. Fetzer indicated that every possible attempt is made to find homes for all animals in good health. Wyckoff encouraged everyone to spay or neuter their pets. Fetzer encouraged identification computer chips, which would help reunite animals with owners. Williams suggested increasing pick up costs so owners would be more careful. Nawrocki felt if costs were too high, owners wouM not retrieve their pets. Szurek reminded citizens that cats must also be leashed. Johnson indicated a word change on page two of the contract, from operation to negligence. I~Vyckoff suggested a fund raising walk with proceeds going to the Camden Pet Hospital Upon vote: Williams - aye, Szurek - aye, Wyckoff- aye, and Nawrocki -aye, Peterson - aye. All ayes, Motion carried. #6 Approve 2001 Board/Commission Reappointments Motion by Williams, second by Wyckoff, to reappoint the following people to the various City of Columbia Heights Boards and Commissions: Human Services Commission, Barb Karol; Library Board, Nancy Hoium and Patricia Sowada; Park & Recreation Commission, Eileen Evans; Traffic Commission, Kenneth Stumpf; Telecommunications Commission, Dennis Stoik and Rueben Ruen; Police & Fire Civil Service Commission, Bruce Magnuson. City Council Minutes March 26, 2001 Page 5 of 9 Nawrocki stated that more residents shouM be considered for Boards and Commissions instead of automatic reappointments. He stated the last term appointment for the Police and Fire Civic Service was incorrect. Nawrocki felt the original application of those considered should be available to Council and all applicants should be interviewed. Patty Muscovitz, Deputy City Clerk, indicated there are presently three new applications waiting for interviews. Wyckoff stated that many of these reappointments have been on their respective commissions for years and have gained much knowledge. She suggested each commission appoint their own members, with Council having the final decision. Peterson stated that historically reappointments are always confirmed, if there have been no problems. He indicated the lengthy procedure to interview applicants, and how difficult it is to schedule dates for interviews. Peterson stated that there are no guaranteed appointments. Williams stated he would like to see more competition in the future. Upon vote: Williams - aye, Szurek - aye, Wyckoff- aye, Nawrocki - abstain, Peterson - aye. Four ayes, one abstention. Motion carried. PROCLAMATIONS, PRESENTATIONS, RECOGNITIONS AND GUESTS A) Proclamations 1) National Library Week - April 1 to 7, 2001 Mayor Peterson read the proclamation, and he presented it to Barb Miller, Library Board President; Pat Sowada, and Katherine Vesley, Library Board members; and Becky Loader, Library Director. Library Board members thanked Council for their support. Vesley encouraged the community to attend the fundraiser for the Library on Sunday, April 1, 2001 at l : 30 p. m., at the Heights Theater for the showing of a Laurel and Hardyfilm. All proceeds will be donated to the Library. Nawrocki mentioned speaking to Bill Luther's representative and asking if there would be any funds available for building a new library or adding to the current library. Williams promoted donations to the library. Fehst stated that the Fire, Police, Park and Recreation, and Library Departments accept donations. This information will be added to the next City newsletter. He recognized the donation of Ms. Schwetcher. 2) Steve Novak Day - March 26, 2001 Mayor Peterson read the proclamation, and presented it to Steve Novak, former Minnesota State Senator and Representative. Mr. Novak thanked Council and spoke of tenure and his future. Nawrocki spoke of Mr. Novak 's accomplishments and thanked him. A resident spoke of Mr. Novak 's performance in both a positive and negative way. B) Presentations - none C) Introduction of New Employees - none D) Recognition - none PUBLIC HEARINGS A) Close thc Public Hearing for Revocation/Suspension of Rental Housing License at 4616 and 4622 Tyler Street NE Mayor Peterson closed the hearing, in that the property is in compliance with the Residential Maintenance Code. ITEMS FOR CONSIDERATION A) Ordinances and Resolutions - none City Council Minutes March 26, 2001 Page 6 of 9 B) Bid Considerations a. Award of 2001-2002 Tree Planting Program MOTION by Szurek, second by Williams, to award the 2001-2002 Tree Planting contract to Fair's Garden Center of Maple Grove, Minnesota, the lowest, qualified, responsible bidder based on the unit prices submitted in their proposal dated March 15, 2001, up to a maximum contract amount of $18,000; and furthermore, to authorize the Mayor and City Manager to enter into an agreement for the same. Kevin Hansen, Public Works Director, stated this is for a two-year contract. Tree replacements are for Dutch Elm Disease and storm losses and are 1.5 to 2.5 inch balled and burlaped trees. Bids are also obtained for private residential work. He stated the City Forester decides what purchases are necessary by the particular needs of an area with care to not over populate any area with only one species. Hansen stated that ten bids were mailed and only two were returned. Upon vote: Williams - aye, Szurek - aye, Wyckoff- aye, and Nawrocki -aye, Peterson - aye. All ayes, Motion carried. C) Other Business 1. View "Minnesota Cities: Building Quality Communities" Fehst described this education effort sponsored by the League of MN Cities. A six-minute videotape was viewed highlighting the program. 2. Resolution 2001-33, Declaring the City of Columbia Heights' commitment to join in the "Minnesota Cities: Building Quality Communities" statewide educational effort. MOTION by Nawrocki, second by Szurek, to waive the reading of the resolution, there being ample copies available to the public, and to appoint Linda Magee, Assistant to the City Manager, and Councilmember Marlaine Szurek as key contacts for the program. All ayes. Motion carried. MOTION Nawrocki, second by Szurek, to adopt Resolution 2001-33, being a resolution declaring the City of Columbia Heights' commitment to join in the "Minnesota Cities: Building Quality Communities" statewide educational effort. Fehst listed the process to build quality communities, which includes involving citizens in decision processes, and ways to interest people in the community. Fehst referred to events like the Taste of Heights Festival, the Mayor's Prayer Breakfast as excellent examples of bringing our community together. Nawrocki supported Building Quality Communities as a motto and possible theme for projects such as Central Avenue. Peterson indicated that he is proud that Columbia Heights has already implemented many of the ideas behind Building Quality Communities, such as neighborhood picnics with the Police Department, cooperation with the School Board, a trail system with events such as "tour de 'heights ", the jamboree and associated events, and National Night Out. Upon vote: Williams - aye, Szurek - aye, Wyckoff- aye, Nawrocki -aye, and Peterson - aye. Ail ayes, Motion carried. RESOLUTION 2001-33 RESOLUTION DECLARING TIlE CITY OF COLUMBIA IIEIGIITS' COMMITMENT TO JOIN IN TIlE MINNESOTA CITIES: BUILDING QUALITY COMMUNITIES STATEWIDE EDUCATIONAL EFFORT City Council Minutes March 26, 2001 Page 7 of 9 WHEREAS, the top values and priorities of citizens include safety, family, job oppommities, health, the well-being of children, and recreational opportunities; and WHEREAS, many of the services cities provide directly enhance those citizen priorities; and WHEREAS, the connection between city services and how they benefit citizen priorities and concerns is not always understood by citizens; and WHEREAS, it is one of the responsibilities of city officials to ensure legislators, media and citizens understand their governments through open and frequent communication using various avenues and means; and WHEREAS, it is important to encourage citizens to actively participate in city government, to share their views, and to work in partnership with city officials to ensure that the needs of the community are met; and WHEREAS, partnerships developed between citizens and city officials can result in greater understanding of the connection between Minnesota's high quality of life and the services provided by Minnesota cities, as well as in greater trust by citizens in the efforts of their city government. NOW, THEREFORE, BE IT RESOLVED that the City of Columbia Heights hereby declares its commitment to join in the "Minnesota Cities" Building Quality Communities" statewide educational effort in cooperation with our fellow members of the League of Minnesota Cities. We hereby designate Councilmember Marlaine Szurek and Linda Magee, Assistant to the City Manager as the City of Columbia Heights' key contacts for this effort, and will inform the League of Minnesota Cities of this designation. Passed this 26th day of March, 2001. Offered by: Nawrocki Seconded by: Szurek Roll Call: Ayes: Nawrocki, Szurek, Williams, Wyckoff, Peterson- Carried. Mayor Gary L. Peterson Patricia Muscovitz, Deputy City Clerk 3) Approve Final Plans/Specifications and Authorize to Seek Bids for 2001 Street Rehabilitation Projects MOTION by Szurek, second by Williams, to approve the final plans and specifications - City Projects 0101 and 0102:2001 Street Rehabilitation Projects in Zone 5, including utility improvements, and authorize staffto seek bids for the same. Hansen indicated resolutions were passed at the March 19 Public Improvement Hearing ordering improvements and preparations of plans, contingent upon a joint powers agreement with Hilltop. Hansen has met with the Hilltop administrator, and she will get thejoint powers agreement to the Hilltop Council on April 2. On April 9, 2001, Hansen will make a presentation to their Council The Hilltop City Council will consider approval on April 16th. Nawrocki reaffirmed that this work not move forward without a signed joint powers agreement. Bill Elrite, Finance Director handed out Fund Balance information including water, sanitary sewer, storm sewer, and cost factors for bonding and rate increases, with 5-10-15percent rate increase options. A l O percent City Council Minutes March 26, 2001 Page 8 of 9 increase would be $.93 cents per quarter. He also distributed cost increases from the City of Minneapolis. While rates from Minneapolis have increased 40percent, only 20percent increases have been passed on to users. Nawrocki requested rate comparisons with other communities. Hansen requested authorization to seek bids for the Street Rehabilitations projects in Zone 5. Hansen referred to the proposed project schedule. Upon vote: Williams - aye, Szurek - aye, Wyckoff- aye, Nawrocki - aye, and Peterson - aye. All ayes, Motion carried. ADMINISTRATIVE REPORTS Report of the City Manager Fehst indicated the status of construction on Central Avenue this year versus next year would be discussed at the work session of April 2. Report of the City Attorney - none MISCELLANEOUS Mayor Peterson asked that the students present come forward to introduce themselves. Students were asked the pronunciation and location of Columbia Heights' Sister City - Lomianki, Poland. Mayor Peterson suggested a map of Lomianki be placed in the Council Chambers GENERAL COUNCIL COMMUNICATIONS Minutes of Boards and Commissions -none Peterson referred to one complaint on alley plowing, but also read a letter of praise regarding removal of ice in the alley behind 4536 Jefferson Street. He also received correspondence from a citizen regarding inoperable cars in town, and encouraged residents to repair or remove such vehicles. Wyckoff highlighted changes to the local bus schedule, which she felt were positive and beneficial to residents. Nawrocki referred to his attendance at the State and National League of Cities conference and has handouts to share. He requested the City Newsletter highlight changes to the City Zoning and Development ordinance. Nawrocki was disappointed to see the l O percent city increase on property tax statements. Nawrocki referred to an article from residents regarded as negative against Real Estate Equities LTD. He spoke to the Mayor of South St. Paul who was pleased and felt this company was doing them a service by restoring a deteriorating area of the city. Nawrocki questioned sending six employees to the two-day certified tree inspector's course. Hansen indicated areas of tree care covered in the course and referred to the large task of boulevard tree care and tree trimming done as necessary. Wyckoff stated that the First Annual Taste of Columbia Heights International Festival was a huge success. She stated that more than 600plates were used and that several times food operators had to send back to their restaurants for more food. She thanked everyone who helped or participated. She apologized for patrons having to wait in line, but indicated that such a large crowd was not expected. Wyckoff stated a larger facility would be necessary next year. Williams suggested that all people in the City be asked to participate. Nawrocki indicated this festival should reflect not just new culturally diverse groups, but also the old groups, such as Polish and German. Wyckoff stated that our Sister City Committee did participate representing Polish heritage. Peterson felt this festival was very successful and also a learning experience. He thanked the Human Services Commission for this effort to reach out to all cultures in our community. Fehst thanked the restaurants and encourage residents to visit these and other local businesses. Szurek stated this was a wonderful start to an annual event, where skeptics can learn to enjoy wonderful new foods. Wyckoff also thanked the Murzyn Hall City Council Minutes March 26, 2001 Page 9 of 9 staff for their help, and Jean Kuehn for taking photos. Dee Logan, 1221 39th Avenue, stated that the International Festival was an event to be proud of, and hoped it would become a tradition. Peterson referred to an article in the League of Cities weekly paper, regarding investing in and supporting your local community. Nawrocki stated that at the National League of Cities Conference, former Governor Thompson of Wisconsin, now the head of the Health and Human Services, spoke on the cause of promoting organ donation. Council discussed ways to promote this in our community. CITIZENS FORUM - none ADJOURNMENT Mayor Peterson adjourned the meeting at 9:55 p.m. Patricia Muscovitz, Deputy City Clerk Official Proceedings Columbia Heights City Council Board of Review Monday, April 2, 2001 The following are the minutes of the Board of Review of the Columbia Heights City Council held at 7:00 p.m. on Monday, April 2, 2001 in the City Council Chambers, City Hall, 590 40th Avenue N.E., Columbia Heights, Minnesota. BOARD OF REVIEW 1. ROLL CALL Present: Councilmembers Williams, Szurek, Wyckoff, Nawrocki, and Mayor Peterson STATEMENT OF PURPOSE OF THE BOARD OF REVIEW Peterson indicated this hearing is to review property valuations as of January 2, 2001, for taxes payable 2002, and to hear appeals from citizens who feel aggrieved or have questions regarding property valuations. iNTRODUCTION Walt Fehst, City Manager, introduced Anoka County Appraisers Mary Boyle, John Leone, and Diana Stellmach. 4. QUESTIONS AND ANSWERS REGARDiNG PROPERTY VALUES Mary Boyle indicated the only signature to appeal is Harold Hoium, of 4315, 4317, and 4321 5th Street. She stated Council could not make an adjustment of this market value or a classification change, as this person would not permit the assessor to inspect the property and the interior of any buildings or structures. Harold Hoium, 4315, 17, 21 5th Street indicated he should have a 50 percent reduction in his property tax, as he felt he is not getting service to justify this fee. He asked how this value was established. Boyle stated the land value, structure value, depreciation, age and condition of property, are used to determine market value, and also weighted against sales in the area. Hoium stated that people who appraise have no business on private property. Nawrocki questioned the value of Mr. Hoium's three parcels. Boyle stated the limited value is $104,200 and the market value is $125,200. There are two houses on this property and it is homesteaded. Boyle again referred to state statute, which states changes can not be made to the property valuation, as Mr. Hoium will not allow County Appraisers on his property. Nawrocki questioned median ratios and the coefficient of dispersion rates. Boyle explained the coefficient of dispersion is a unit of measurement that when under ten indicates the majority of sales are very near this value. A higher number indicates the lower the accuracy to the sale value. The Median Ratio is the percentage near the median sale. Wyckoff questioned why there were 19 fewer taxable parcels this year. Boyle stated there must have been an error in the previous year's figures, because the H-I -b parcel count has not dropped. The billable parcels are lower than last year. Boyle also explained depreciation of a home, and how it affects the value. Peterson questioned the three commercial sales. Leone stated the tax valuation was over the sale prices. This was unique to Columbia Heights, as values were close in other cities of the County. Leone stated that the unpredictable market is a large cause of the problem. Hoium questioned the number of properties in the city not paying taxes. Boyle stated 294 properties are tax exempt or non-profit; such as parks, schools, churches, etc. Hoium requested a map of these properties. Boyle indicated that information is available at the County GIS Department. COUNCIL ACTIONS REGARDING SPECIFIC CASES OR CASES ON WHICH ADDITIONAL iNFORMATION IS DESIRED MOTION by Nawrocki, second by Wyckoff, to adopt the 2001 Assessment Rolls as presented. All ayes. Motion carried. ADJOURNMENT Mayor Peterson adjourned the meeting at 7:27 p.m.. Patricia Muscovitz, Deputy City Clerk A special meeting for the Public Improvement Hearing of Zone 5 was held at 7:00 p.m. on Monday, March 19, 2001 in the City Council Chambers, City Hall, 590 40th Avenue N.E., Columbia Heights, Minnesota. 1. CALL TO ORDER/ROLL CALL Present: Councilmembers Williams, Szurek, Wyckoff, Nawrocki, and Mayor Peterson Nawrocki welcomed George Haluska who was in the audience. 2. PUBLIC IMPROVEMENT HEARING: 2001 STREET REHABILITATION PROGRAM FOR ZONE 5 Kevin Hansen, Public Works Director, stated the boundaries of the proposed project, Zone 5, and indicated this would include the properties added by the City Council this summer. He indicated that staff does a physical evaluation, and physical coring, an independent company does strength testing, and engineering staff counts cracks. Recommendations for each street are determined from this information. He described the seal coating process. He stated the most involved and invasive projects are overlay, partial, and full reconstruction. Hansen discussed the water main issues, the water distribution study, and the possibility that some water services may have lead joints and need replacement with copper. The Sanitary sewer has been televised in this entire area. The information shows replacement is necessary on 6th Street from 46th to 47th. Several man- holes will need reconstruction also. Storm sewer improvements and catch basin replacements were located. They are looking at adding a trunk line along 43fa. Hansen indicated new storm sewer grates that reduce the amount of blockage from debris would be desirable in this entire area. He also referred to the problem of root intrusion into pipes. Hansen discussed costs of the project. He stated that the City does not assess property owners for engineering costs; the only costs assessed are on actual work completed. Hansen listed the proposed assessment percentages for total reconstruction, partial reconstruction, mill & overlay and for sealcoating. He explained the charges are on a parcel rate base, using the theory that streets are a benefit to all residents in the area. Hansen reviewed questions from the informational meeting regarding water drainage in the area of 47th and JeffersorffMonroe. Residents also questioned this project abutting the City of Hilltop in two areas. Hansen is recommending Hilltop share the reconstruction of the streets by paying for one-half costs detailed in a Joint Powers Agreement. Hansen has been in contact with the Hilltop Administrator to let them know what is proposed, but have not yet discussed a dollar amount or executed a joint powers agreement. He indicated that the City of Hilltop paid for the school district assessment in Zone 4. Hansen indicated that schools and park property pay their full share. Engineering costs were discussed. Jane Gleason, Assessment Clerk, explained Avenue charges versus Street charges. Peterson stated we should not proceed with the road project until Hilltop agrees to share the costs. Claire Schmidt, 691 47th Avenue NE, stated there are 55 units on the Hilltop side of the street, and that their portion of the street reconstruction costs should reflect this. Kathy Young, Assistant City Engineer, recommended the City of Hilltop pay for one-half of Monroe Street and 47th Street costs. The City of Hilltop has never been assessed or billed on the number of their residents versus our residents. Fehst stated that Hilltop charges would include engineering fees. City Council Minutes Zone 5 Public Improvement Hearing March 19, 2001 Page 2 of 7 A) Full Street Reconstruction Proiects George Haluska, 4233 Quincy, questioned why properties were assessed by parcel versus footage. Hansen stated this has been the policy for the last two years indicating improvements benefit the entire area equally. Hansen stated the established infrastructure fund subsidizes improvements in each zone. Fehst explained how the fund was established to ease the burden so residents would not have to pay 100% of the assessment. Haluska questioned the interest rate and the deferred senior citizen assessment rate. Hansen stated Council sets the interest rates. Gleason explained the disadvantages of the senior deferment. Nawrocki asked for clarification on interest rate charges over the assessment term. Matt Sharon, 4250 Jackson Street, discussed the low area on Quincy and Jackson area and problems during construction. He spoke of basements filling with mud. Scott Follate, 4152 Quincy, felt that alley work last year on Quincy Street was substandard and that he had not received an adequate response from the City. Nawrocki asked the Public Works Director to respond, in writing, to this gentleman and copy the Council. Steven Engel, 4207 Van Buren, questioned if parcels needing water main replacements have been notified? Hansen stated, yes, and if there were additional properties they would be notified. Douglas Fransen, 4246 Quincy Street, asked how long the improvements would last. Hansen stated that following MnDot regulations, with proper and continued treatment such as seal coating, the roadways should last for 80 to 100 years. However, many items influence the street conditions. Fransen asked if the NEI project has any thing to do with these streets being reconstructed. Hansen stated no, the proposed flow to the sanitary sewer is insignificant, and the new ponding site will handle the storm water. Nawrocki questioned seal coating. Peterson stated that when all zones are completed, seal coating would be on an eight-year program. Jeff Seawell, 4205 Jackson, asked if residents could do their own water service hook up. Hansen stated this is included in the contract and liability would not allow this. B) Partial Street Reconstruction Projects Bob Gross, 646 47th Street, expressed concem about the drainage proposal to drill a pit to Jefferson Street and to go under the hill. He has a retaining wall and was concerned it may be damaged. Hansen described this drilling process. He stated a video tape would be made prior to the work for insurance purposes. Anthony Bolinski 4526 6th Street, stated there is a high crown on their road and asked that this be corrected in the reconstruction. Jim Williams, 4707 Jefferson Street, referred to the water pressure problem in his area. Hansen stated that this concern is part of the entire project. Gleason explained how mill and overlay work is assessed. Roger Strum, 690 47 ½ Avenue, questioned if curbing was damaged, who would replace it. Hansen stated that, if necessary, disjointed curbing would be replaced. Aprons are not redone, but residents are given the option to purchase this repair on their own. City Council Minutes Zone 5 Public Improvement Hearing March 19, 2001 Page 3 of 7 Clair Schmidt, 691 47th Avenue, discussed problems of mobile homes be driven down the street and the problems this causes. Fehst stated reported damage is charged to the responsible party. Peterson asked that residents report any damage they see happening. Jim Williams, 4707 Jefferson, questioned the cost per unit. Gleason showed him a map and explained the assessment process. Nawrocki felt Williams should only have an avenue charge for 47 lA. Gleason referred to policy and past practice for assessments. C) Mill and Overlay Project No additional questions were asked on the Mill and Overlay project. D) Seal Coat Bituminous Streets Dave Thompson, 4416 4th Street, questioned the drainage problem on the alley behind him. Hansen will go to the site and review the problem. Thompson is not in favor of seal coating if there is a problem that should be corrected. Peterson closed the public heating at 8:50 p.m. and thanked staff for their hard work. Hansen stated residents will be notified by mail if Hilltop does not sign the Joint Powers Agreement and the project does not proceed. Nawrocki stated that the engineering for reconstruction is excessive. He had no problem with the seal coating program. Nawrocki suggested continuing this hearing for thirty days to if there are more cost effective ways to work on these streets and for staff to talk to the City of Hilltop regarding an agreement. Hansen stated the negative impact this would have on the bidding and construction process. Approval could be contingent on the joint powers agreement. Peterson stated that costs may rise if we wait and recommended moving forward on the project. Wyckoff agreed it is necessary to get the approval of Hilltop's Council, but stated the repairs are necessary. She noted that no one present voiced an opinion that they did not want the work done or that it didn't need to be done. Bernice Clark, 674 47th Avenue, stated the roads adjacent to Hilltop badly need repair. Peterson stated that he anticipates cooperation by Hilltop. Nawrocki again stated the approval should be delayed until there is an agreement with Hilltop, and until other alternatives for levels of improvement are researched. Motion by Nawrocki, that this hearing be continued until the second regular council meeting in April 2000 until Council members have a chance to look at each street, look for cost effective alternatives, and to allow time to obtain Hilltop approvals. Fehst has contacted Ruth Nelsen, Hilltop City Clerk, who stated she was aware of the project and had advised their City Council that information would be forthcoming. Peterson stated that 14 of the 16 motions could be approved without the Hilltop joint powers agreement. Motion died for lack of the second. A resident suggested letting bids with two alternate bids. Hansen anticipates arrangements with Hilltop will be complete before final bid approval. City Council Minutes Zone 5 Public Improvement Hearing March 19, 2001 Page 4 of 7 Szurek stated the Council must be pro-active to repair deteriorated streets and water pipes, and to reduce the large number of water main breaks each year. She agreed that Hilltop must be responsible for their portion. Wyckoff suggested letting bids for the entire project and allowing work contingent on having a signed joint powers agreement. Nawrocki stated it was Council's responsibility to question and look for alternatives, not to just follow staff and consultant recommendations. Fehst stated that the contract structure allows us to opt out of 5 percent to 25 percent of the work bid. E) Close the Public Heating Mayor Peterson closed the Public Hearing on the 2001 Street Rehabilitation Projects: P.I.R. 1046, 1047, 1048, 1049, 1050, 1051, 1052, 1053, 1054, 1055, 1056, 1057, 1058, 1059, 1060, 1061. F) Consideration of Resolutions 1) MOTION by Williams, second by Szurek, to waive the reading of Resolution No.2001-13, there being ample copies available to the public. All ayes. Motion carried. MOTION by Williams, second by Szurek, to adopt Resolution No. 2001-13, being a resolution ordering improvements and preparation of plans, PIR #1046, Project #0102. Upon Vote: Williams - aye, Szurek - aye, Wyckoff- aye, Nawrocki - abstain, Peterson - aye. Motion carried; four ayes, one abstention. 2) MOTION by Williams, second by Szurek, to waive the reading of Resolution No.2001-14, there being ample copies available to the public. All ayes. Motion carried. MOTION by Williams, second by Szurek, to adopt Resolution No. 2001-14, being a resolution ordering improvements and preparation of plans, PIR #1047, Project #0102.. Upon Vote: Williams - aye, Szurek - aye, Wyckoff- aye, Nawrocki - abstain, Peterson - aye. Motion carried; four ayes, one abstention. 3) MOTION by Williams, second by Szurek, to waive the reading of Resolution No.2001-15, there being ample copies available to the public. All ayes. Motion can/ed. MOTION by Williams, second by Szurek, to adopt Resolution No. 2001-15, being a resolution ordering improvements and preparation of plans, PIR #1048, Project #0102.. Upon Vote: Williams - aye, Szurek - aye, Wyckoff- aye, Nawrocki - abstain, Peterson - aye. Motion carded; four ayes, one abstention. 4) MOTION by Williams, second by Szurek, to waive the reading of Resolution No.2001-16, there being ample copies available to the public. All ayes. Motion carded. MOTION by Williams, second by Szurek, to adopt Resolution No. 2001-16, being a resolution ordering improvements and preparation of plans, P1R #1049, Project #0102.. Upon Vote: Williams - aye, Szurek - aye, Wyckoff- aye, Nawrocki - abstain, Peterson - aye. Motion carried; four ayes, one abstention. 5) MOTION by Williams, second by Szurek, to waive the reading of Resolution No.2001-17, there being ample copies available to the public. All ayes. Motion carried. City Council Minutes Zone 5 Public Improvement Hearing March 19, 2001 Page 5 of 7 MOTION by Williams, second by Szurek, to adopt Resolution No. 2001-17, being a resolution ordering Improvements and preparation of plans, PIR #1050, Project #0102.. Upon Vote: Williams - aye, Szurek - aye, Wyckoff- aye, Nawrocki - abstain, Peterson - aye. Motion carried; four ayes, one abstention. 6) MOTION by Szurek, second by Williams, to waive the reading of Resolution No.2001-18, there being ample copies available to the public. All ayes. Motion carried. MOTION by Szurek, second by Williams, to adopt Resolution No. 2001-18, being a resolution ordering ~mprovements and preparation of plans, PIR #1051, Project #0102.. Upon Vote: Williams - aye, Szurek - aye, Wyckoff- aye, Nawrocki - abstain, Peterson - aye. Motion carded; four ayes, one abstention. 7) MOTION by Szurek, second by Williams, to waive the reading of Resolution No.2001-19, there being ample copies available to the public. All ayes. Motion carried. MOTION: Szurek, second by Williams Move to adopt Resolution No. 2001-19, being a resolution ordenng improvements and preparation of plans, PIR #1052, Project #0102.. Upon Vote: Williams - aye, Szurek - aye, Wyckoff- aye, Nawrocki - abstain, Peterson - aye. Motion carried; four ayes, one abstention. 8) MOTION by Szurek, second by Williams, to wmve the reading of Resolution No.2001-20, there being ample copies available to the public. All ayes. Motion can'ied. MOTION by Szurek, second by Williams, to adopt Resolution No. 2001-20, being a resolution ordenng improvements and preparation of plans, PIR #1053, Project #0102.. Upon Vote: Williams - aye, Szurek - aye, Wyckoff - aye, Nawrocki - abstain, Peterson - aye. Motion carried; four ayes, one abstention. 9) MOTION by Szurek, second by Williams, to waive the reading of Resolution No.2001-21, there being ample copies available to the public. All ayes. Motion carried. MOTION by Szurek, second by Williams, to adopt Resolution No. 2001-21, being a resolution ordering ~mprovements and preparation of plans, PIR #1054, Project #0102.. Upon Vote: Williams - aye, Szurek - aye, Wyckoff- aye, Nawrocki - abstain, Peterson - aye. Motion carded; four ayes, one abstention. 10) MOTION by Szurek, second by Williams, to waive the reading of Resolution No.2001-22, there being ample copies available to the public. All ayes. Motion carried. MOTION by Szurek, second by Williams, to adopt Resolution No. 2001-22, being a resolution ordenng ~mprovements and preparation of plans, PIR #1055, Project #0102.. Upon Vote: Williams - aye, Szurek - aye, Wyckoff- aye, Nawrocki - abstain, Peterson - aye. Motion carded; four ayes, one abstention. 11) MOTION by Wyckoff, second by Szurek, to waive the reading of Resolution No.2001-23, there being ample copies available to the public. All ayes. Motion carded. City Council Minutes Zone 5 Public Improvement Hearing March 19, 2001 Page 6 of 7 MOTION by Wyckoff, second by Szurek, to adopt Resolution No. 2001-23, being a resolution ordering improvements and preparation of plans, PIR #1056, Project #0102.. Upon Vote: Williams - aye, Szurek - aye, Wyckoff- aye, Nawrocki - abstain, Peterson - aye. Motion carried; four ayes, one abstention. 12) MOTION by Wyckoff, second by Szurek, to waive the reading of Resolution No.2001-24, there being ample copies available to the public. All ayes. Motion can/ed. MOTION by Wyckoff, second by Szurek, to adopt Resolution No. 2001-24, being a resolution ordering improvements and preparation of plans, PIR #1057, Project 0102, contingent upon approval of a joint powers agreement with the City of Hilltop prior to bid award. Upon Vote: Williams - aye, Szurek - aye, Wyckoff- aye, Nawrocki - abstain, Peterson - aye. Motion carried; four ayes, one abstention. 13) MOTION by Wyckoff, second by Szurek, to waive the reading of Resolution No.2001-25, there being ample copies available to the public. All ayes. Motion carded. MOTION by Wyckoff, second by Szurek, to adopt Resolution No. 2001-25 being a resolution ordering improvements and preparation of plans, PIR #1058, Project g0102, contingent upon approval of a joint powers agreement with the City of Hilltop prior to bid award. Upon Vote: Williams - aye, Szurek - aye, Wyckoff - aye, Nawrocki - abstain, Peterson - aye. Motion carried; four ayes, one abstention. 14) MOTION by Wyckoff, second by Szurek, to waive the reading of Resolution No.2001-26, there being ample copies available to the public. All ayes. Motion carried. MOTION by Wyckoff, second by Szurek, to adopt Resolution No. 2001-26, being a resolution ordering improvements and preparation of plans, PIR #1059, Project #0102.. Upon Vote: Williams - aye, Szurek - aye, Wyckoff- aye, Nawrocki - abstain, Peterson - aye. Motion carried; four ayes, one abstention. 15) MOTION by Wyckoff, second by Szurek, to waive the reading of Resolution No.2001-27, there being ample copies available to the public. All ayes. Motion can/ed. MOTION by Wyckoff, second by Szurek, to adopt Resolution No. 2001-27, being a resolution ordering improvements and preparation of plans, PIR #1060, Project #0102.. Upon Vote: Williams - aye, Szurek - aye, Wyckoff - aye, Nawrocki - abstain, Peterson - aye. Motion carded; four ayes, one abstention. 16) MOTION by Nawrocki, second by Wyckoff, to waive the reading of Resolution No.2001-28, there being ample copies available to the public. All ayes. Motion carried. MOTION Nawrocki, second by Wyckoff, to adopt Resolution No. 2001-28, being a resolution ordering improvements and preparation of plans, PIR #1061, Project #0101. All ayes. Motion carded. Nawrocki questioned improvements not included in these projects. Hansen stated some utility work in certain streets may need to be determined if they are included in the PIR. These improvements will come before council after further research and televising of lines. City Council Minutes Zone 5 Public Improvement Hearing March 19, 2001 Page 7 of 7 Nawrocki stated he is waiting for the 2000 year end financial report to analyze the stares of each fund. 3. Adjournment Mayor Peterson adjourned the meeting at 9:50 p.m. Patricia Muscovitz, Deputy City Clerk COLUMBIA HEIGHTS - CITY COUNCIL LETTER Meeting of: April 9, 2001 AGENDA SECTION: Consent ORIGINATING DEPARTMENT: CITY MANAGERS NO: t-[-A -~ CITY MANAGER APPROVAL ITEM: Schedule Work Session meeting on BY: Walt Fehst BY: 4-16-01, Cancel the Joint Meeting w/ DATE: DATE: School District of 4-18-01 NO: It is recommended that a Work Session meeting be scheduled for Monday, April 16, 2001 at 7:00 p.m. in the City Hall Conference Room 1. The Quarterly Joint Meeting with the School District scheduled for Wednesday, April 18th, has been cancelled. The School District has requested a schedule of unavailable dates from each city, so they can establish a date that works for everyone involved. This information will be brought to Council when it is received. RECOMMENDED MOTION: Move to establish a Work Session meeting date for Monday, April 16, 2001 at 7:00 p.m. in the City Hall Conference Room 1. Move to cancel the Quarterly Joint Meeting with the School District on Wednesday, April 18, 2001. COUNCIL ACTION: 4-9-01 CITY COUNCIL LETTER Meeting of: APRIL 9, 2001 AGENDA SECTION: q- A- 3 ORIGINATING DE~,: CITY MANAGER NO: FINANCE l~ff~-~ APPROVAL ITEM: WINE IN GROCERY STORES BY: WILLIAM ELRITE BY: NO: DATE: 03/29/01 At a previous work session the staff reviewed with the City Council proposed state legislation that would allow the sale of wine in grocery stores in the seven county metropolitan area. At the present time the Minnesota Municipal Beverage Association, the Minnesota Licensed Beverage Association and various law enforcement agencies have taken a position of opposition to the sale of wine in grocery stores. The opposition is based on several factors. The primary factor is overall control of the sale of wine to minors. In addition to this, it is felt that this is merely the starting point for grocery stores to include the sale of beer and eventually the sale of wine and beer in convenient stores, gas stations, and various other entities. All of this could involve significant additional cost on the part of law enforcement departments for the enforcement of laws related to the hours under which alcoholic beverages are sold and age limits. Subsequently the Minnesota Mtmicipal Beverage Association has developed a plan and budget to support the opposition of the sale of wine in grocery stores. Attached is a copy of the budget showing the proposed budget and the allocation of fees amongst the municipal hquor stores. As you can see, the five largest metropolitan stores are being assessed dues of $10,000, smaller metropolitan stores are being assessed $2,500-$5,000, and out state stores are being assessed significantly smaller amounts. In general, the highest dues fall upon the five most successful mtmicipal stores of which Columbia Heights is one. To date, both Edina and Eden Prairie have contributed the full $10,000 amount and have indicated that they will make additional contributions to help prevent the sale of wine in grocery stores. Although it appears that this bill will not pass in this legislative session, it is very important to provide information to the legislature to ensure that the bill does not pass in future years. The primary goal of the association is to start educating the legislature before next year's legislative session. Without the support from municipal hquor stores the bill stands a much better chance of passing. The net result of this will be increased law enforcement costs along with significantly decreased revenues from the hquor operation. Recommended motion: Move to authorize the payment of $10,000 to the Minnesota Municipal Beverage Association as dues to oppose legislation allowing the sale of wine in grocery stores. WE:rds 0103301COUNCIL Attachment COUNCIL ACTION: Minnesota Municipal Beverage Association ~'- ,~~ An organization composed of the municipally-operated dispensaries of Minnesota OFFICERS PRESIDENT Mike i. arson St. Anthony Village VICE PRESIDENT Bob Leslie Brandon SECRETARY/ TREASURER Sally Larson Herman DIRECI'ORS DIRECTOR-AT-LARGE Scott Olson Park Rapids DIRECTOR-AT-LARGE Neil Wegner Hutchinson DISTRICT 1 Mary Enler Spring Grove DISTRICT 2 Ron Radke DISTRICT 3 Sally Larson Herman DISTRICT 4 Dan Bahr Tom Byrnes Silver Bay DISTRICT 6 Steve Grausam Edina Mike Larson St Anthony Village Brenda Visnovec Lakeville DISTRICT 7 Bob Leslie Paul Kaspszak Executive Director Box 32966 Minneapolis, MN 55432 763-572-0222 1o800-848-4912 Sxt 3925 Fax: 763-572-8163 www. municipalbev, com February 2, 2001 William Elrite Finance Director City of Columbia Heights 590 - 40th Avenue NE Columbia Heights, MN 55421-3878 Dear Mr. Elrite: Thank you for your recent letter conceming MMBA / Wine in Grocery financial issues. Per your request, enclosed is a three-year MMBA budget for this issue. To date, expenditures for this issue (contract lobbyists, focus groups etc.) have exceeded $70,000, These initial costs have been entirely paid by the Minnesota Licensed Beverage Association (MLBA). At the time decisions were made to incur these costs, MMBA's level of financial participation was unknown. Until the dues assessment plan was developed and implemented, MMBA's financial contributions would have come from our limited general operating budget. Fortunately, MLBA was in a position to pay these initial fees while MMBA ventured into its first legislative fundraising effort. Future expenditures will be split between MLBA, MMBA and possibly the Wine & Spirit Wholesalers Association. There is not a formal agreement on cost allocation. To ensure responsible use of our member's contributions, wa plan to address other expenditure items and financial expenses on a case by case basis. For example, a sophisticated wabsite is currently being developed to educate legislators, the media and others about wine in grocery. The cost for the website will be approximately $20,000, of which MMBA has committed to split 50/50 with MLBA. In addition, there are on-going expenditure considerations, including hiring additional contract lobbyists. The minimum cost for a lobbyist is approximately $20,000. In short, we continue to examine many ideas, but want to be very responsible stewards of the money. Enclosed is the list of cities that have contributed to date and checks continue to arrive on a very regular basis. The information does not include cities that have committed funds, but have not yet sent a check. These cities include Lakeville, Savage, Fairmont and Brooklyn Center. I do not have information on contributions to MLBA. Should our legislative efforts be successful and some contributions remain, I do not anticipate returning any money in the short term. Wine in Grocery is an issue that has resurfaced time and again. I think it would be in MMBA's best interest to keep the money in preparation for the next battle. However, should the MMBA board decide to return the contributions, I anticipate it would be done in a proportional basis, based again on total sales. I hope this answers your questions. Again, our goal is to be an important player in this issue, be prepared for future expenditures and be responsible stewards of the money. Please contact me if you have further questions or I can be of any service. Thank you again. /~'"Paul ~a~sp~z;k '-- -' Executive Director Enclosures: Allocation Budget Allocation Income Breakdown CC: City Manager Walt Fehst Liquor Operations Manager Phil Suckerman REVENUES WINE IN GROCERY ALLOCATION BUDGET ITEM DESCRIPTION Proposed Y-T-Date Bud~,et Variance 200 A,ssessment Plan - 10,000 Allocated Group 7,500 Allocated Group 5,000 Allocated Group - 2,500 Allocated Group 1,250 Allocated Group 625 Allocated Group 315 Allocated Group 160 Allocated Group 100 Allocated Group 50,000 0 35,000 52,500 16,250 8,750 11,655 13,120 6,200 20,000 0 5,000 20,000 5,000 3,125 4,410 5,600 2,800 -30,000 0 -30,000 -32,500 -11,250 -5,625 -7,245 -7,520 -3,400 Total Revenues 193,475 65,935 -127.~.__..~,540 Note: Allocation is based off 1998 State Auditors Report No operations met the criteria in the $7,5000 category EXPENSE REPORT ITEM DESCRIPTION 300 Fogus Groun - Planning - Completion - .~nalization 301 Researc~h - Studies - Miscellaneous 302 Srate~izine - Haggerty & Schatz Information - Lobbyis~ Support - Legislative Meetings 304 Free Media - Press Support 30._.~5 Paid Media - Advertising - Press Support - Web Sight Production 30~60n-Sinht Promotions - Lobbyist Attendance - Educational Support - Seminar Supplies - Printing/Labels/Mail Total WINE IN GROCERY ALLOCATION BUDGET Prooosed Y-T-Date 10,000 10,000 8,000 33,000 6,000 40,000 40,000 147,000 Budnet Variance -10,000 -10,000 -8,000 ~33,000 -6,000 -40,000 -40,000 Total Expenditures 0 -147,000 MMBA Minnesota Municipal Beverage Association INCORPORATED Aw1 of~lol~ eompd)eed of the multll:lplliiy-eq)e~tld dlipen$ldel of Mlfmelotl Date: February 10, 2001 To: Wall Fehat, Columbia Heights City Manager Bill Elrite, Columbia Heights Finance Director Phil Suckerman, Columbia Heights Liquor Operations Mahager (SENT VIA FAX TO: 763-706-3637) From: Paul Kaspszak~. As a follow-up to my recent letter, hem is additional Wine in Grocery 1) While a bill has not been Introduced, an author has been found in the House and it appears there will be a hearing toward the end of the month. 2) A $20,000 invoice for contract lobbyists has just been approved for MMBA payment. As indicated earlier, MMBA has allocated an Initial $10,000 for development of a sophisticated website - which should be o~-Iine within two weeks. Thank you again for your interest and support. Please call me if you have addllional questions. CITY COUNCIL LETTER Meeting of: APRIL 9, 2001 AGENDA SECTION: ~_[ _ f~_ LI ORIGINATING DEP_T: CITY MANAGER NO: FINANCE ~/ APPROVAL ITEM: CONTRACTING WITH PHIL BY: WILLIAMELRiTE BY:J~_.~/~Z SUCKERMAN FOR TRANSITIONAL LIQUOR MANAGEMENT SERVICES DATE: 03/29/01 NO: Phil Suckerman the City's Liquor Operations Manager willbe retiring on May 4, 2001. Phil has been with the City's liquor operation since September 1984. The liquor operation that we currently have in Columbia Heights was established under Phil's management. Prior to hiring Phil the City had two small traditional liquor stores. The City was receiving an annual net income from this operation of approximately $50,000. Under the current liquor operation the net operating profit is an excess of $500,000. Our sales and profits are significantly higher than the neighboring municipal liquor operations. The reason for this is Phil's extensive knowledge of the liquor operation and his ability to purchase and market high profit items in our liquor stores. At the present time an offer has been made to an individual to replace Phil as the Liquor Operations Manager. Although this individual has an extensive background in the management of a liquor store, it will be very beneficial to have Phil available on a consultant basis. This will greatly aid in the transition and training of the new manager into our operation and structure to ensure continued success. For this reason staff is proposing that we contract with Phil to provide consulting services to the City of Columbia Heights over the next six months. As Phil is tentatively planning to move to Seattle in the near future the proposal is for him to return to Columbia Heights approximately twice a month and spend three days in the liquor operation each time for the first one or two months and then reduce his services to one trip per month. The proposed contract would pay Phil $100 an hour for his services, plus out of pocket expenses. On this basis it is anticipated that each trip would involve 2 to 3 days or 16 to 24 hours. The cost of this including expenses would nm approximately $2,000 to $3,000 for each trip that Phil makes back to assist us with the transition. Phil's services under this contract would be reviewed and controlled by the Finance Director and the City Manager to insure that the services are only utilized to the extent that they are needed and beneficial to the liquor operation. Recommended motion: Move to authorize the Mayor and City Manager to enter into a consulting contract with Phil Suckerman for consulting services at an hourly rate of $100 per hour with the total hours not to exceed 150 hours and to pay transportation, meal and lodging expenses related to the contract. WE:nls 0103302COUNCIL COUNCIL ACTION: CITY COUNCIL LETTER Meeting of: April 97 2001 AGENDA ORIGINATING CITY SECTION: ~-( _/~ - ~' DEPARTMENT: MANAGER NO: Fire APPROVAL ITEM: Establish Hearing Dates BY: Dana Alexon BY:~'//ff'.~ ~ License Revocation, Rental Properties NO: DATE: April 4, 2001 DATE: Revocation or suspension of a license to operate a rental property within the City of Columbia Heights is requested against the following owners regarding their rental property for failure to meet the requirements of the Residential Maintenance Codes. 1. Scot Owens ................................................................... 4032 Van Buren St. NE RECOMMENDED MOTION: Move to Establish a Heating Date of April 23, 2001 for Revocation or Suspension of a License to Operate a Rental Property within the City of Columbia Heights against Scot Owens at 4032 Van Buren Street NE. COUNCIL ACTION: CITY COUNCIL LETTER Meeting of: April 9~ 2001 AGENDA CONSENT ORIGINATING CITY SECTION: DEPARTMENT: MANAGER NO: ~. ~-~ Fire APPROVAL Applications NO: DATE: April 4, 2001 DATE: Approval of the attached list of rental housing license applications, in that they have met the requirements of the Housing Maintenance Code. MOTION: Move to approve the items listed for rental housing license applications for April 9, 2001, in that they have met the requirements of the Housing Maintenance Code. COUNCIL ACTION: Occupancy ID 34000 12003 12162 30139 30073 30028 30099 20074 20183 30500 12112 12052 10044 10032 30069 12208 20422 20406 Prop Owner Name Richard Christensen Mark Dostaler Kathryn Hoefs Vernon Hoium Kent Hughes Douglas Jones Mujaba Khan John Mai ewski Darwin Peterson A.C.C.A.P Steve Boxmeyer Katherine Crosby Jeffery Hage Khusro Hasan Paul Modell Tim Quass Tad Sonneman Audrey Stauch Property. Address Permit # 4310 3~d Street F4655 5103 6th Street F4607 4303 University Ave F4654 5025 University Ave F4644 3923 Lookout Place F4668 5100 6th Street F4657 1045 Peters Place F4629 John Majewski F4675 5228 Washington St F4662 3932 Central Ave F4401E 4624 Taylor St F4585 1162 Cheery Ln F4525 320 44th Ave F3768 1820 Fairway Dr F4541 4650 Johnson St F4490 3727 Reservoir Blvd F4183 4606 Polk St F4473C 4556 Fillmore St F4618 CITY COUNCIL LETTER Meeting of: April 9, 2001 AGENDA SECTION: ~ ORIGINATING DEPT.: CITY MANAGER NO: ~ -7 License Department APPROVAL ITEM: License Agenda BY: Kathryn Pepin ~ DATE:~//~//~ NO: DATE: April 6, 2001 BY: BACKGROUND/ANALYSIS Attached is the business license agenda for the April 9, 2001 City Council meeting for new contractors in 2001. At the top of the license agenda you will notice a phrase stating *"Signed Waiver Form Accompanied Application". This means that the data privacy form has been submitted as required. If not submitted, certain information cannot be released to the public. RECOMMENDED MOTION: Move to approve the items as listed on the business license agenda for April 9, 2001 as presented. COUNCIL ACTION: license agenda TO CITY COUNCIL April 9, 2001 *Signed Waiver Form Accompanied Application 2001 BUSINESS LICENSE AGENDA APPROVED BY BUILDING OFFICIAL CONTRACTORS *A Plus Exteriors Gavic and Sons Plumbing *Kruse Construction *Molskness Plumbing *North Anoka Plumbing *Nova Frost, Inc. *H.O. Soderlin Plumbing Windows America of Mn. LICENSED AT 3195 Lake Ridge Dr. 12725 Nightingale St. N.W. 2436 Irving Ave. S. 3420 - 217'h Ave. N.W. 22590 Rum River BIvd 1510 - 5th Avenue 3612 Cedar Ave. S. 7928 University Ave. FEES 50.00 50.00 50.00 50.00 50.00 50.00 50.00 50.00 PUBLIC WORKS DEPT. TREE SERVICES *J.A.K. Trees Jim's Tree Service *Northeast Tree & Timber 10095 Trail Haven Rd 4356 Monroe St. 2527 Jackson St. N.E. 50.00 50.00 50.00 license agenda 04/() 5/:~:'.001 ;I. 4: 06: '.~i ;!. I::'UI',IDI:;dZCAI::': I::'UI',IDI)ESC~F;,' I PT I OIq 101 201. i~()4 205 212 213 225 240 250 2.65 270 387 402 4:1. 5 601 602 603 604 609 631 632 634 6'.".",2 653 701 720 880 883 CCIMHUi'~I]:TY DIEVI:~]...CIF'MIEI'-I'T F:'LJI"ID I::'ARKVII~!:W VII...I..A I'-IOF;5'i'H E(:;ONCll"I:I:C DEVIEt...CIF:'HEI"IT AU'i"H ,~iiTA'i"E A]:D MA:I:Hi"E:I:IANCE: F:'AI:;:I-(VII~i:W VIL. L,~ SC)LJTH CA):~I...E TEI...Ii:-'V :1: ,<~ :1:. ON F;,'IE i-~!'¥' A L I-.IC) U S I I"IC'.i I- :1: ~E~I:;: ~1:;~ Y COL HBI"ITS AI::'TIEF;~ ~i;CH001... l~!:l'ql:;:I C OI',IF:' Z S [: A 'i"lii: D / F' C~I:;~ F:'IE ]: T'lii: D I::'1=':O F' D AI:;~'I~: G..C). :I:HF:'ROVI.E:Mlii:I'~IT B(31',!D :1.999~ ,~i;"i'A"I"E: A]:D CObI,?.TF;,'LJC::TION CAF:':I:TAL :I:MI='ROVI.=.':MEI"IT - WA TI]~:I:;: UT It... ]:TY ,S E Wlii:F,~ I..JT Z L.:I: T'Y F;,' I~i: I::' U ,~i; Iii: I::'L.IN D ~,~'¥'ORH ,~i~IE:~IE:I:;,' I..J'¥':I:L.:IZTY !... :1: Q U O I:;,' WATIEI=~ FLJI'-tD B'EBT' ,SI~:I,.,IE:R F:'UND DIEI'YT SEF;,'VICE ,~iiTOl:;,'l'q ,Ci~EL'JEF;,' DIi::BT ,~i~IEI:;,'V:t:C:E ,'~;.EWER COI:I,~i;"I-F;fl. JCTI(31q I::'UI'-II) ~ii'i"OF:M'ISE:WEI::~ (:;ON,~Yi"RIJCT'~ F:'LJI',ID (:::IE I'q'T I:;,'A L G AI:;,'~ G E DATA I='ROCE:-S~,~ :I:t'IG F'ERH:I:T COblTR :I:BLI]"ED I=' F'~ Ci .3'IE C T' ~:'; - G E I'-I :1: N ,S L Jl:;: AI"ICIE IESCROI~J F=I..E× :(.:,:Ei'~If.~:I::'IT "I'RU,C~T FLJN:~) TOTAL AI...I... t::'Ul~g:)."; BANK I:;.'IE C Al::': BANK hlAHIE Check History I) :!: 28,559., 50 :1. 62 .. 81 7 ~, 650 .. :!.2 3,255.90 940.00 2,292..32 7,189 ,, 21 606 ,, 63 2'-74 .. 5. 147 ,, 70 80., 00 1,187.25 ?. 58 ,, 75 2,905., 00 1 . 078., O0 476.50 :1. 35.18 ~t:, ,, 13 I 18 ,, 44 11 ~ 846 ,, 03 ~ ~ 000 ,, 87 3. 869.56 2., 3~. 5.. 29 790. O0 228,498.20 i, 144.0 :I. 697 , 688 .. 32 D I ~,i; B!.JR flitEh'lE N'T'S BAN K (:;I"IIi]:C K I NC; AC)COUNT 697,688 .. 32 Check I.-I i s '~.o ry 4/9/011. COL]i,IC~IL.. LIST BANI< VENDOF~ []I--IE~ C l< I',tU MBE]=< AHOUI'.IT BAI',U< AARP ACE!] I"! A F:,'):) WAlk El ANCHOF:~ ANCII<A COLII'-ITY MOTOF~ Vli:~l"lZC,' BAL. KAN B I!i]...I...):~(3 Y COF~PORA"f'I[ OIg }I~F:,'A:DL..EY F:,'EAI_. I!!i,~i;'l"A"f'l~ii~i; INC COI...U HI(3 ][ A H E][ C;H ]"':~ ):)AIRY QUEE:N EAST ,S]IDIEZ BEIVEF.:AGEI CO I~IZI... I(-:US T A N El... '¥1~:[QtJ ]I L..A GIE]"ILJINE F:'ARTS/I',IAI::'A AU]"O G'¥'E SUN HAMS/THE,"i)F:'C) JOHI'-!SON BF;:O,S.. I...:[(;:!UOR CO.. I'11U,SC:O V :1: T Z / F:'A'T'F;,' I C :~: A OF:'F:' :1: CE OL I L.'Ei: "f'FL'E:E I::'ETT¥ CASH .... KAF;~Ei'.I MOEI...L.. F:'E:TT¥ CASH .... M~F;,'¥ :OLJGDAI... (;~UAI...:I:T¥ WINlii: .~:: -SI::':I:i:;::I:"F,~) F;~E:L. IANT Ii~:NEF;:G¥ I'IIi'-INEGA~i)C RODD¥/W :1: LI... :1: AM ,S(::IC~ L]:NIE CF;:ED:[T LJN:I:ON VOS,S L.:EGHT ING bJ¥C I< Cq::'F:'/J LJI... :1: E lYl'-llii: AF;,'CH AT & T CC)I"ISLJMEI~ Bli~:L..I..BO¥ :E':AF: ,BLJF:'F:'L..¥ :OI~:I...LB 0 ¥ CORF:'ORAT' Z Ol"l }:~ L,tl',l K iii F;~ P ~l:;,' K C C)I'-IVI~[ F;~GI!!:M T COMMLJN :I:CAT':I:OM E:B L.I J NB/:()Cfi:;; :1: E × I='1... C) F:: I!!: F;: POST C)Iii:I',ILIINE F:'AI:;:TS/i',IAF:'A AUTO (31:;"ZGG,':]~'---COC)F:'Ii]]:;" & CCI IKON OF'F:'ICEi: SOLUTIOH J 0 HI',hS 0 N / T H Cq~11A ,S !"! 1...~ I:;,' K :1: I'q/JOHIg I..OA%>EI:;,'/F;:E B E C C A M A GI'-ILJS 01"1/J Al:lIE T H I L ,S "f' E]"I / i~ hA F;~ Y 9:1. 5011. 911. 502. 9 :L 503 911.504 911. 505 911. 506 915O7 911. 508 911. 509 911.511.0 91511. 11. 911.511.2. 91514 911.511.5 91516 91517 91518 911.511.9 91. 520 911. 5211. 911. 523 91.524 911.525 91526 911. 527 91528 91529 9 ]. 530 911. 531 91532 911. 533 91534 911. 535 911. 536 91537 91538 911. 539 91540 911. 5411. 91.542 91543 91.544 911. 545 91.546 911. 547 240 .. O0 2O .. 011. 486.57 979,46 307, O0 8,867.11. 3 111., 344 .. 47 4,411.',:3.13 1811... O0 1,985 .. 80 403. O0 388 .. O0 78 .. 65 124 .. 811. 610 .. 74 276 .. 02 7411. ,. 00 25,985..34 566 ~ 00 350,00 43 ~ 12 4]...25 11.2,11.29.97 7 .. 99 186.62 ~. ]. , 2:?.0 .. 86 70 .. 00 97.60 720 .. 00 15 65 1 , 357 .. 03 39 08 11. 0 .. O0 5 1 :L BI:;.'C I::'II'IAI'ICIAI... S¥."iYf'li[M CITY 01:: COLIJMI{[A 04/0t:~./2001 14 Gl... 5401:~.... V 0,~ .. 2:7 PAGE Cl"e c: k I.i:i. sl:o r y 4/9/0:!. COUI'-ICII... LIST BAMK [:;I--Ilii:[::: K N LIMB Ii[ I:;: AMOIJNT BAl',ll< CI-illi:CICI:I,.IG AC, COt..II,IT MUN t C I ....1::' AI...,~i~ Ii 0 I:;.' T Hlii:l:~: N A :1: I:/ 0 I...!i; Olt / !( Iii I...I... Y J P!-iII...L]:F'S WINE & SPIRTS I::' :1: "l' Flli~: Y BOWES LOU I SV I I...I...E [;]UAI...ITY WI:lIE & SPIRITS Q WI~E;"i' COIIMUN I C~l'I ONS (;iL, JEST DEX !~iCHMI IYI'/JEAN I NE M TUBBS/MAI;:SH~ UTI<E I::'I:~OI::'ERTY MANAGEMI~:NT XCEl... ENEI:~GY (N S P) AF'FIN]:"FY F'I...US I::'EDI~[RAL CR F'tl:EiT COMI~IIJNITY CI:q~:I)IT HEALI'H PARTNE:I:E~ ]:CM~ I:~ET]:REI'tENT TRUST 45 JEI=FIi[RSOI'4 P I I...OT MN CHIL.~ SUI::'I='ORT I='AYMENT OI:~CHARI> "IRUSI' COMI::'~NY OSI EDIJCAT IOll I::'Ii[RA I::tIBLIC MAIqAGI~:I:~S ~SSOCIAT UNION 320 UN ]:TImiD W~Y WELl.. S F:'AR~30 .... I::'AYROLI... NI DEI::'ARTMI~:IIT 01:: I:~I~[VENUE (~UAL. I"FY WINE & SPIRITS AIi~M EQU I H~ll~[Iql'' ADAM'S PESI" CONTI:~OL, :I:NC ALL. SA:[N"F~ BRANI) I)ISTRIB AMI~:RIC~Iq I...IBI:~ARY ASS[E; AMERIPRIDE ANOKA COUNTY I...]:BI:;:~RY ASPEN MII...I...S, INC.. ASSOC COI,1STI:;;UCTIOIq I::'UBI...]: B~I<ER & TAYLOR CONI",, SER BAKER & 'I"~YLOR ENi'I~:RTAIN B~T'f'I~[RY CITY BI::I/WOOI)I...AKE SANII'ARY SE B :1: I::l::' ' S, :[ NC ,, BONESTRO0 ROSI~:NE ANDI~[I:;:i...I BO0 KMIi[N IIqC/I'HE BOYE!:;: "I'RU(]K I::'AI:;%S BRYAN ROCK I::'I:;:OI)UCTS, INC BI I ]: LD I I'~IG 9:1. 548 594 ,, 00 9:1. 549 492 ,, 42 91550 9., 27 9155I 765.12 91552 209.©0 91. 553 4~,941 ,.49 91554 305., 8:1. 9155& 3 ,, 52 91558 940., O0 91560 584~77 91561 2 ~, 030 ,, 00 91562. 42,111 ,, :1.6 91563 :L:I., 6:!.3,, 23 91564 627 ,, 0:1. 91565 808,, 16 9 :L 566 6,717,88 91567 :L 05 ,, O0 9:t. 568 2q ~, 969 ,, 25 91569 40 ,, 0<) 91570 934,. 51 91571 35,00 9:t. 572 138,796 ,, 11 91573 :1. :t. 2 ,, 63 91574 743 ,, 02 91575 2, :1.59.82 9:1. 576 83 ,, 55 91. 577 66 ,, 56 91578 106., 75 91579 :1. 70 ,, 90 9:1. 580 37 ,, 2:1. 9:1. 58 :L 356 ,, 48 9:1. 582 199.50 9:1. 583 475 ,, 96 91584 I , 562.00 9:1. 585 508 ,, 53 9:1. 586 325 ,, 36 9 :L 587 209 ,, 67 9:1. 588 205,093.40 9:1. 589 491 ,. 82 91590 7. 027 ,. 75 9 ;1. 59:1. 95.45 91592 104.26 9 :!. 593 477 ,, 08 91594 49 .. 2 :!. BRC F:'INAhlC]]AI... ':~;YS'¥'EM CITY OF COI...I.jMBIA I--II!i]]]GH'¥'.~) 04/05/2.001 14 Check History GL..540F~----V06,,27 PAGE] 3 4/9/01 COLJI,IC]:I... t...]:~T BANK VEI"IOOR C:FIEC:I~, I'.II..JHBIE:F~ AI~IOL.tN'¥' BANK [;I"IECKZI:NG AC:COLJNT CA H Dl~i:l'-I F:'ET CAT'I::,'O F:'AIR-I"S Siii:R',.C[CE CI--I]: ~i;A C')C] I...A K E,S COCA-CC~L..A )'~OT'TL..]:IgG MIZO~E COI...LJMB ]: A I-'IG T S--I::'R I D L.I!!:¥ CI:~E:IGHTON BRADL..EY GUZZET CROWN F:'EblC:E~: ~ b.J:I:F:~E Cl..JRT I ~ 1000 CYS UI',I I F'OF~MS DC)UG~?~ TV & AF:'F:'I...IA!',IC:E I~:AGI...E W]:I'4E COMF:'ANY EAST SIDE: BEVEF~AGE CC) F:'EDERAL.. ~:I:GNAL..~3 CORP F:'L..E)( C:OMI::'ENSAT:I:ON, INC !::'I...EX:[BL..E PIPE TOOL.. CO. J::'O CO ~; NI]]ZWSI::'A F:'E RS F:'R ]: ~)1...1~ Y ""(] OI...LJM B ~1~ A HE ]:GHTS G & K SI~ZRV:I:C)ES GAYL..C)RD GI~:NL.IINE F'ART~;/blAF:'A ALJTO GOC)D :l:lg CO. C';OVERNME:NT F:'IN~IgCE OF:'F:'IC: GFRL[GGS-CCJOF:'EI:R & CO I"IARVI~:ST PAINT I"IOHE:N~TE :[ NS HOME DI~[]::'crT ~2802 HOLJCHE:N ~]:NDE~:RY LTD IKCIbl OI::'I::':I:CE: ~OI...LJT]:ON ]:L..L..BRUC K :ENC :[I',I])USTFk]:AL. DOOR CC) INC ]: IgI::'R~TECI-! INL.AND TRUCKS I::'ARTS ]: N~TRLJMEI-ITAL_ RESE&RCH INTEGRATED I...0S~i~ CONTF~OL.. J :t7 I,ID F::A / F:'~'¥'F;1:1: C :1: A K M~RT KI~]gNEDY 8x GRAVEN KI_.C)~S/MAF~Y I~LJE'Y'HER OIST.. L..AWb! SI~:RV :[ [~E-~)IgOW 91595 25 .. 00 91. 596 205.44 91597 303..41 9159:~i~ 4, :L 68 ,. 80 91599 83 ,. 00 91600 799.95 91601 223 ,, 82 916()2~ 606.63 91603 11., 59 91604 441 .. 99 91605 458.48 91606 44 ..91 91607 31.23 91608 325 ,. I) 5 91609 29,390 .. 50 91610 437 .. 50 91611 10.80 91612 65 .. 00 91613 157.. 50 9 :L 614 544.09 91615 1,130,.47 91616 223.82 9:1617 355.51 916:L~) 27 .. 16 91619 19.55 91620 24 .. 1 ]. 91621 120.00 9162~2 2,677 .. 98 91623 249.00 91624 4,914..72 91625 30 .. 28 91626 179.55 91627 121.43 91628 2,74t .31 91629 290 .. 00 9 :L 630 8,719,78 91631 82.. 19 91632 565.00 91633 602. O0 91634 35. O0 91635 10,967.65 91636 126 .. 04 91637 2,073 .. 90 91638 18 .. 30 91639 30,367 .. 35 91640 155..00 91641 2,625.00 BF;:C F:']:I~'IAI"IC]ZAL SYS'TIEH Ct'¥Y OF:' COI...I..JM][~]~A I*'IEi:]:GHTS 04/05/2001 14 [:':il... 5401:;:'"'V06.27 PAGE 4 Check I-.lis tor'y 4/9/01 COLJI,IC]].. LIS'T BAN K V E J'-I D C) F:.' CFIIEC K NLJJ"IBE F;: AMC)UI'¥i" BAI:H.'.: CI-.Jli!:CK]:F. JG AC:COLJI'.rT LEAGLJE OF' rq]ZNJ~,IE,~];OTA J_U:SE--.TECH MARl{ VII DIST.. MARUDAS I::'!:~ I N'¥ :l]qG MENARDS C~SI.-IWAY I...LJI~IBIEI~....I::' I"lE F~ I ]"F~ECOGN ]:T I C)N MI~:T RO C]:SM ME'T'I:;~C] COLJNC]:L.. E]qV]:I:~C)I~ENT ME"f'F~O EMEF~GENCY MANAGER' ME]'RC)C~L..L.. - ATT MESSAG]:N M]:CI:~C) MAF~I<I~:T]:hK3 AS~OC]:AT M:[D~AY FOF~D M]:NNESOTA ' S BCiC)KSTOF~E MN S'T'ATIE 'T'F~EAS BUILD]:IqG MUNI -f'E:CH INC NAT]:OIqAI... F:']:RIE F:'F~OTIECTIOIq NI~]~:DHAM D]:STF~'.]:BUT]:NG CO NOF:~]'H ST~R ICE NORTHERN TOOL.. ~ IEQU]:F:'MIEN OF'F:' ]: CE DEt::'C) T ONVOY F:%M OIL.. IIqC F:'ARK SUF'F:'L..Y ]:NC F'~LJST]:S &: SC]NS F:'C SOL.UT ]: ONS F:'E]::'S I ...-C OL..A- ~ I::'E:TTY CASH - RE:BECCA I...CI~ F:'H]:L..I...IF:'S W]:NIE ~ F:'R I OR WINE I:~IEADI~I:~'S DIGIEST ASSOCIAT RLJETT ]: MANN/F~C]BIEFkT S[~)LJJ~:E~:GE:E PF;:O W:I:IqDOW CI...E:A ST CL..E(UD TECHIqIC~L.. COL..LE ~"~' F'AUL..'"'DED/THE S'i"~I~tDAI:~D SI::'F~II'4G CO STRE]:CHE:F~'S GLJN'S INC/DO SUN F'UBL.. :1: CA T' :1~ ON SYSTEMS SUPPLY INC,, 'T~LJT[3ES~ REDF'ATH, & CO. ~ J"AYL..OR TE:CHOL..OG lIES TIEE ' S F:'L..US TE:L.EPHONE ANSWE:F~]:NG CENT US B~IqK TRUST N~'T]:ON~I... A US F']:L..'TE:F~/WATI]~:I:~ F:'RO VFBA OF M:[I~II'.IESOT~ 91642 80 ,. 00 91.643 319., :Lq 91644 8. 940 ,, 46 91645 :L 53,,36 91646 349.66 91647 14,,75 91648 '75 ,. 00 91649 3.415.50 91.650 3© .. O0 91651 14... 14 91657 227 .. 9:1. 65L] 406 ,. 31 91654 10 .. 95 9:L655 454 .. 06 91656 104 .. 30 91.657 115..00 9:1.658 127 .. 90 91.659 30 .. 60 91660 42.59 9 :L 661 1 , 685 .. 90 91662 49.90 91663 1'~5 .. 73 91664 51..60 91665 189..75 91666 3.950.97 91.667 932 .. 60 91668 :L4 .. 2.:L 9;L669 I , 594..65 9 :L 670 680 .. 60 9;L67t 23..96 91672 67 .. 67 9:L 67;~ 35 .. O0 91674 50 .. 00 91.675 65 .. 00 91676 500 .. O0 91677 1,057.99 91678 78.54 9 :L 679 2.77 .. 40 91680 157 .. 91681 400.00 91682 20 .. 00 91683 I, 176..00 91684 119 .. 10 91685 517.. 50 9:t. 686 61.87 91688 132 .. 00 BRC FZI]~IANCIAI... SYSTIEI~I CITY OF COLUI~IBIA HIEIGHTS 04/05/2001 14 Gl-540R-V06 .. 27 F'AGE 5 Check History 4/9/01 (]:OUHC ]].. BAN !'(. VIE ND 01:;,' CHECK hlUMBER AMOUNT BANI< 6;I"lE:[31<]]',IG ACCOUNT WA.C.';TE: RESEAI:;.'CH ,~: REI...AMA]' I,,i I L.I...AI~IE T T E I NDIJS TI:;.' lIES f.,,~IL.L. IAF! MATT,~i;ON COI',IS]'I:;,'UC WILSON DE;VIELCII;:'MENT St~i:RVZ[ W ]: NIE COMPAIqY/THIE I~,fIF'IEI:;;S & WIPIES WORL.D (]:~'-IAMBE]:;: 01::' COMME]:;:C ZARI',IOTH BI:;~USH I~JOI:;~t(S, Il,lC 9:1.689 81 ,. 50 91690 :~; 48 ,. 83 91691 340.00 9].692 1 9:1.693 222 ,, 72 91694 139 ,, 52 91695 35 ,, 00 9t696 849.87 697,688 ,, 32 CITY COUNCIL LE'ITI~R Meetinl~ off April 9, 2001 AGENDA SECTION: Public Hearings ORIGINATING DEPT.: CITY MANAGER NO: Community Development APPROVAL NO: Zoning and Development Ordinance DATE: April 5, 2001 Issue Statement: This is a request for the City Council to consider adopting a Zoning and Development Ordinance (# 1428) that will replace thc current Zoning Ordinance (# 818), in order to appropriately address land use and development issues. Backm'ound: As you hopefully are aware, the City of Columbia Heights has been involved in an extensive process to update the City Zoning Ordinance over the course of the last few years. This has required numerous special work sessions and regular meetings of thc Planning and Zoning Commission to assure the ordinance was reviewed in its entirety. The current Zoning Ordinance was last rewritten in 1974, and needs to be updated in order to adequately address recent development and redevelopment issues. Planning staff and the Planning Commissiencrs arc confident that the proposed ordinance addresses reasonable standards that will help to enhance and protect appropriate land uses in Columbia Heights. Analysis: The Zoning and Development Ordinance proposed has been rewritten with the concept of promoting and enhancing what we currently have. The proposed ordinance incorporates provisions from the existing ordinance as well as provisions developed from other model ordinances. The Planning and Zoning Commission reviewed each section individually with the goal of obtaining a workable ordinance that they felt was tailored with each aspect of the community in mind. The majority of the changes in this rewrite have to do with development standards relating to commercial and industrial districts. A highlights section of current standards and proposed standards was included in your prior packets for review. The Planning Commissioners and City Council members held a special work session on April 3, 2001, at Murzyn Hall, in trying to address questions about the Zoning Ordinance. At this work session a number of issues were raised, and staff has tried to adequately address the pressing concerns that were presented. At the recent work session, staff was directed to recommend some minor changes to the temporary sign definition (3-18), an allowance for portable signage (pg. 6-46), as well as some additional language added to the building design standards for specific construction materials to be used in commercial and industrial districts (pg. 6-40). Staff was also directed to add language regulating minimum separation distances for day labor employment agencies (pgs. 7-10, 7-I 1). A consignment/secondhand store definition and percentage have been added so as differentiate between stores that sell primarily new merchandise, but also sell some used merchandise; and stores who sell primarily used merchandise. The specific additional language staff added has been underlined in the highlighted sections. Recommendation: The Planning and Zoning Commission recommended approval of Zoning and Development Ordinance # 1428 as the ordinance has been reviewed by thc Planning and Zoning Commission of the City of Columbia Heights, has had a first reading at thc City Council, is consistent with recently adopted Comprehensive Plan, and has been advertised and been made available for review by the general public. Recommended Motions: Move to waive the reading of Ordinance 1428, there being ample copies available to the public. Move to adopt Ordinance # 1428, Columbia Heights Zoning and Development Ordinance, being an ordinance amending Ordinance # 818 pertaining to Zoning and Development. Attachments: Updated ordinance; Highlishts of Current and Proposed Standards COUNCIL ACTION: Highlights of Proposed Changes CURRENT STANDARDS: .4ccessory Structures Three (3) foot rear yard setback for residential accessory structures when doors do not face the alley or right-of-way. Fifteen (15) foot height restriction for all residential accessory structures. · No Minimum residential garage size. Twenty (20) foot setback for residential garages when doors face the alley or street. Dwelling Units One story, split level, and split entry dwellings require a minimum floor area of 1,020 sq. ft., plus 120 sq. ft. for each additional bedroom. Exterior Lighting Maximum of three (3) footcandles of light at any property line. Off-Street Parking Off-street parking areas and driveways shall be surfaced with material to control dust and drainage. PROPOSED STANDARDS: Five (5) foot rear yard setback for residential accessory structures when doors do not face the alley or right-of-way. Eighteen (18) foot height restriction for all residential accessory structures. Minimum residential garage size is 20 X 20. Twenty (20) foot setback for residential garages facing alley or street for lots 6,500 square feet or more; Fifteen foot setback for residential garages facing alley for lots 6,500 square feet or less. One story, split level, and split entry dwellings require a minimum floor area of 1020 sq. fr., plus 120 sq. ft. for each additional bedroom. The floor area may be reduced to 960 sq. ft. if lot size if 6,500 sq. ft. or less. Maximum of one-half ( 1/2) footcandles of light at closest residential property line. Max of three (3) foot candles of light at closest non-residential property line. All off-street parking areas and driveways shall be surfaced with a dustless all weather hard surface material consisting of asphalt, concrete, brick, cement pavers, or similar material. Highlights of Proposed Changes CURRENT STANDARDS: Signage · Portable signage allowed up to 8 X 4 in size Temporary signage allowed by permit for four (4) eleven (11) day periods annually, and 30 days seasonally. Freestanding signage allowed in Limited Business (LB) District not to exceed twenty (20) feet in height. Freestanding signage in Retail Business (RB) and General Business (GB) Districts allowed up to thirty (30) feet in height. Billboards allowed up to forty (40) feet in height, maximum 300 sq. ft., and spaced at 500 foot intervals in 'I' Districts with 45 MPH speeds. Maximum height of forty (40) feet for freestanding signage in all Industrial Districts. $ignage · Minimum setbacks for freestanding signs are the same as setback requirements for structures in that district. Freestanding signage in Central Business Distriet(CBD) allowed up to twenty (20) feet in height. PROPOSED STANDARDS: · Portable signage not allowed. · Temporary signage allowed without a permit. Freestanding signage allowed in Limited Business (LB) District not to exceed eight (8) feet in height. If located adjacent to a State Trunk Highway, maximum height shall be twenty (20) feet. Freestanding signage in General Business (GB) District allowed up to twenty-five (25) feet in height if located adjacent to a State Trunk Highway. Billboards allowed up to twenty-five (25) feet in height, max 100 sq. ft., and spaced at 1500 foot intervals in 'I' Districts with 45 MPH speeds. Maximum height of twenty-five (25) feet for freestanding signage in all Industrial Districts. Minimum setbacks for freestanding signs shall be ten (10) feet fi'om property line or as otherwise stated in the ordinance. Freestanding signage in Central Business District (CBD) allowed up to eight (8) feet height. If located adjacent to a State Trunk Highway, maximum height shall be twenty (20) feet. Highlights of Proposed Changes CURRENT STANDARDS: Specific Development Standards Adult Entertainment Use Allowed in Industrial District by conditional use permit. No minimum separation standards from residential properties, or schools. Consignment/Secondhand Store Currency Exchange Drop In Facility Pawnshops Permitted in Business Districts and Industrial Districts. No minimum separation standards from other similar facilities. No minimum standards or separation distances from similar facilities. Salvage Facility/Transfer Station Permitted in Industrial Districts. No minimum standards. Transitional/Emergency Housing · Not addressed in current ordinance. Landscaping and Screening · No minimum landscaping standards. PROPOSED STANDARDS: Allowed in Industrial District by conditional use permit, This use shall be a minimum of 500 feet fi-om any residential property; daycare facility; educational facility; library; park; or place of worship. Allowed in General Business District by conditional use permit only. Not allowed in Cenh'al or Limited Business Districts. These uses shall be located a minimum of 3000 feet from any existing consignment store, currency exchange, drop-in facility or pawnshop. Permitted in Industrial Districts. Need to maintain a minimum distance of S00 feet from any residential property. Shall require an environmental management plan. Allowed with a conditional use permit in R-3, R-4, and LB Districts. Shall be located at least ¼ mile from all existing transitional housing. Minimum of one tree for every fifty (50) feet of street frontage. Minimum of four (4) trees for every one (1) acre of lot area. Highlights of Proposed Changes CURRENT STANDARDS: Building Design Standards No minimum building design standards. ]Lot Requirements Rear yard setback for R-1 and R-2 Districts is thirty (30) feet. Side yard setback for R-3 District is ten (I0) feet; Rear yard setback for R-3 District is twenty (20) feet Twinhome Requirements They are not addressed in our current ordinance. PROPOSED STANDARDS: All structures over 120 sq. ft. shall have full perimeter footings. Steel frame structures with metal siding and roof shall be allowed provided that 50% or more of the front of the building is of masonry type veneer and windows, and the side walls are at least four (4) feet from grade with the same type of masonry veneer. Building facades shall contain windows at the ground level or first floor in order to provide visual interest and increase security of adjacent outdoor spaces by maximizing natural surveillance and visibility. At least 20% of the first floor facade that faces a public street, sidewalk or parking lot shall be windows or doors for residential use. At least 30% of the first floor faqade that faces a public street, sidewalk or parking lot shall be windows or doors of clear or lightly tinted glass that allows views into and out of the building at eye level for non-residential uses. Rear yard setback for R- 1 and R-2 Districts is 20% of the lot depth. Side yard setback for R-3 District is twenty (20) feet; Rear yard setback for R-3 District is thirty (30) feet. Lot area requirements for twinhomes are 9,000 sq. fi. for both lots that share a common wall; 4,500 sq. ft. minimum lot size for each individual lot sharing a common wall. Lot Dimension, Height, and Bulk Requirements. Lot area, setback, height and lot coverage requirements for uses in the Residential Districts shall be as specified in the following table. R-1 Single R-2 Single & R-3 Limited R-4 Multiple Family Two Family Multiple Family Residential Residential Family Residential Residential Minimum Lot Area Single Family Dwelling 8,400 sq. ft. 6,500 sq. ft. 6~500 sq. ft. 6,500 sq. ft. Two-Family Dwelling 8,400 sq. ft. 8,400 sq. ft. 8,400 sq. Twinhome Dwelling 9,000 sq. ft. 9~000 sq. f~. 9,000 sq. ft. Multiple Family Dwelling 10,000 sq. ft. 10,000 sq. ft. Non-residential Structure 8,400 sq. ft. 6,500 sq. ft. 10,000 sq. ft. I0,000 sq. ft. Lot Area Per Dwelling Unit SingIe Family Dwelling 8,400 sq. ft. 6,500 sq. ft. 6,500 sq. ft. 6,500 sq. ft. Two Family Dwelling 4,200 sq. ft. 4,200 sq. ft. 4,200 sq. ft. Twinhome Dwelling 4,500 sq. ft. 4,500 sq. ft. 4,500 sq. ft. Multiple Family Dwelling Efficiency 1,200 sq. ft. 800 sq. ft. One bedroom 1,800 sq. lc. 1,000 sq. ft. Two bedroom 2,000 sq. ft. 1,200 sq. ft. Three bedroom 2,500 sq. ft. 1,500 sq. ft. Additional bedroom 400 sq. ft. 200 sq. ft. Congregate Living Units 400 sq. ft. 400 sq. ft. Minimum Lot Width 70 feet 60 feet 70 feet 70 ft. Minimum Lot Depth ' Residential Building Setbacks Front Yard 25 feet 25 feet 30 feet 15 feet Side Yard 7 feet* 5 feet* 20 feet I0 feet Comer Side Yard 12 feet 10 feet 30 feet 15 feet Rear Yard 20% of lot 20% of lot 30 feet 15 feet depth depth Non-residential Building Setbacks Front Yard 25 feet 25 feet 30 feet 15 feet Side Yard 40 feet 30 feet 25 feet 10 feet Comer Side Yard 12 feet 10 feet 30 feet 15 feet Rear Yard 40 feet 30 feet 25 feet 10 feet Single & Two Family Parking Setbacks Front Yard (excluding drives/pads) 25 feet 25 feet 30 feet 30 feet Side Yard 3 feet 3 feet 3 feet 3 feet Comer Side Yard 3 feet 3 feet 3 feet 3 feet Rear Yard 3 feet 3 feet 3 feet 3 feet Multiple Family Parking Setbacks Front Yard 30 feet 30 feet Side Yard 10 feet 10 feet Comer Side Yard 30 feet 30 feet Rear Yard 10 feet l0 feet Non-residential Parking Setbacks Front Yard 25 feet 25 feet 30 feet 30 feet Side Yard 10 feet 10 feet 10 feet 10 feet Comer Side Yard 25 feet 25 feet 30 feet 30 feet Rear Yard 10 feet 10 feet 10 feet 10 feet Maximum Height Residential structures 28 feet 28 feet 35 feet 35 feet Non-residential structures 35 feet 35 feet 35 feet 35 feet Non-residential Floor Area Ratio 2.2 9.1101 Lot Dimension, Height, and Bulk Requirements. Lot area, setback, height and lot coverage requirements for uses in the Industrial Districts shall be as specified in the following table. I-1 I-2 Minimum Lot Area 10,000 sq. ft. 10,000 sq. ft. Minimum Lot Width 80 feet 80 feet Minimum Lot Depth Buildin§ Setback Requiremems Front Yard 20 feet 20 feet Side Yard 12 feet 12 feet Comer Side Yard 15 feet 15 feet Rear Yard 24 feet 24 feet Residential parcel Parking Setback Requirements Front Yard 20 feet 20 feet Side Yard 5 feet 5 feet Comer Side Yard 20 feet 20 feet Rear Yard 5 feet 5 feet Maximum Height Maximum Lot Coverage Floor Area Ratio 1.0 1.0 Lot Dimension, Height, and Bulk Requirements. Lot area, setback, height and lot coverage requirements for uses in the Commercial Districts shall be as specified in thc following table. LB Limited GB General CBD Central Business Business Business District District District Minimum Lot Area 6,000 sq. ft. 6,000 sq. ft. Minimum Lot Width 50 feet 40 feet 20 feet : Minimum Lot Depth Lot Area Per Dwelling Unit Single Family Dwelling 6,500 sq. ft. Multiple Family Dwelling Efficiency 1,200 sq. ft. 1,200 sq. ft. One bedroom 1,800 sq. ft. 1,800 sq. ft. Two bedroom 2,000 sq. ft. 2,000 sq. ft. Three bedroom 2,500 sq. ft. 2,500 sq. ft. Additional bedroom 400 sq. ft. 400 sq. ft. Congregate Living Units 400 sq. ft. 400 sq. ft. Hotel or motel 400 sq. ft. Hospital 600 sq. ft. Building Setback Requirements Front Yard 12 feet 15 feet 1 foot Side Yard 15 feet None None Comer Side Yard 10 feet 15 feet 1 foot Rear Yard 20 feet 20 feet 10 feet Residential parcel 50 feet Parking Setback Requirements Front Yard 12 feet 15 feet 1 foot Side Yard 5 feet 5 feet None Comer Side Yard 12 feet 15 feet 1 foot Rear Yard 5 feet 5 feet 5 feet Maximum Height 35 feet 35 feet Maximum Lot Coverage Floor Area Ratio 1.0 6.0 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COLUMBIA HEIGHTS, MINNESOTA REGULATING AND DEFINING ZONING DISTRICTS; ADOPTING A REVISED ZONING MAP FOR THE CITY OF COLUMBIA HEIGHTS; REGULATING THEREIN THE LOCATION, CONSTRUCTION, RECONSTRUCTION, ALTERATION, AND USE OF STRUCTURES AND LAND; PROVIDING MINIMUM STANDARDS TO PROTECT PROMOTE AND MAINTAIN THE STABILITY AND CHARACTER OF RESIDENTIAL, COMMERCIAL, INDUSTRIAL, AND PUBLIC AREAS OF THE CITY; PROVIDING MINIMUM STANDARDS AS THEY RELATE TO PUBLIC HEALTH, SAFETY, AESTHETICS, MORALS, COMFORT, AND GENERAL CONVENIENCE OF THE COMMUNITY AND ITS PEOPLE; PROVIDING HEREIN FOR CONSISTENCY WITH THE COLUMBIA HEIGHTS COMPREHENSIVE PLAN; PROVIDING FOR AN EFFECTIVE DATE WHEREAS, the City of Columbia Heights, Minnesota (the "City") has determined that the current Zoning Ordinance needed to be rewritten in order to appropriately address development and redevelopment issues; and WItEREAS, Mir4nesota State Statutes expressly preserves the right of municipalities to adopt Zoning Ordinances regulating therein land use and development; an{l WHEREAS, City Planning staffand the Planning and Zoning Commission have adequately reviewed appropriate provisions to address development and land use issues, and WItEREAS, the City Council has determined that the current zoning provisions within the City Code are inadequate as they relate to development issues; and WIIEREAS, City staff and the Planning and Zoning Commission have drafted amendments to the City Code determined to be necessary to promote and protect the stability and character of residential, commercial, industrial, and public areas of the City; and WHEREAS, the City Council has determined that this ordinance is consistent with the City Comprehensive Plan; and City of Columbia Heights Zoning and Development Ordinance - Section 1 Page 1-1 COLUMBIA HEIGHTS ZONING AND DEVELOPMENT ORDINANCE # 1428 City of Columbia Heights Zoning and Development Ordinance - Section 1 Page 1-2 TABLE OF CONTENTS SECTION 1 PURPOSE, AUTHORITY AND JURISDICTION SECTION 2 RULES OF CONSTRUCTION SECTION 3 DEFINITIONS SECTION 4 ADMINISTRATION AND ENFORCEMENT SECTION 5 NON-CONFORMITIES SECTION 6 GENERAL DEVELOPMENT STANDARDS SECTION 7 SPECIFIC DEVELOPMENT STANDARDS SECTION 8 GENERAL DISTRICT PROVISIONS SECTION 9 RESIDENTIAL DISTRICTS SECTION 10 COMMERCIAL DISTRICTS SECTION 11 INDUSTRIAL DISTRICTS SECTION 12 MIXED-USE DEVELOPMENT DISTRICT SECTION 13 OVERLAY DISTRICTS SECTION 14 SUBDIVISION REGULATIONS City of Columbia Heights Zoning and Development Ordinance - Section 1 Page 1-3 CHAPTER 9: SECTION 1: LAND USE AND DEVELOPMENT PURPOSE, AUTHORITY AND JURISDICTION 9.101 Title This ordinance shall be known, cited and referred to as the Columbia Heights Zoning and Development Ordinance, except as referred to herein, where it shall be known as "this Ordinance." 9.102 Purpose The City Council of the City of Columbia Heights, Minnesota, adopts this Ordinance to accomplish the following: (a) Protect the public health, safety, morals, aesthetics, comfort, convenience and general welfare of the community and its people; (b) Implement the goals and policies included in the City's Comprehensive Plan; (c) Divide the City into districts restricting and regulating therein the location, construction, reconstruction, alteration and use of structures and land; (d) Protect the stability and character of residential, commercial, industrial and public areas of the City and promote the orderly development of those areas; (e) Provide and protect adequate light, air, privacy and convenience of access to property; (f) Provide a safe and efficient traffic circulation system for all modes of transportation and limit congestion in the public rights-of-way; (g) Prevent overcrowding of land and undue concentration of structures by regulating the use of land and buildings and the bulk of buildings in relation to the land and buildings surrounding them; (h) Provide for the compatibility of different land uses and the most appropriate use of land throughout the City; (i) Provide for the effective administration of this Ordinance, including powers and duties of officers and bodies, procedures and standards for land use approvals, and procedures for enforcement; City of Columbia Heights Zoning and Development Ordinance - Section 1 Page 1-4 (j) Establish a continuing system of review of this Ordinance to ensure it will be amended to meet the changing needs of the City; 9.103 Authority This Ordinance is enacted under the authority granted to the City of Columbia Heights by the Municipal Planning Act, Minnesota Statutes, Sections 462.351 to 462.365. If those statutes are amended to restrict or enlarge the authority delegated to the City, those amendments shall be incorporated into this Ordinance. 9.104 Jurisdiction This Ordinance governs the use of all land and structures within the corporate limits of the City of Columbia Heights, unless such regulation is specifically pre-empted by State or Federal law or regulation. 9.105 Violations Any violation of any provision of this ordinance shall be considered a misdemeanor and shall be subject to a fine and/or a jail term under State law plus the cost of prosecution. Each day a violation exists shall constitute a separate violation for the purposes of this section. City of Columbia Heights Zoning and Development Ordinance - Section 1 Page 1-5 CHAPTER 9: SECTION 2: LAND USE AND DEVELOPMENT RULES OF CONSTRUCTION 9.201 Language The following rules of construction govern the language of this Ordinance: (a) The singular number includes the plural and the plural the singular; (b) The present tense includes the past and future tenses, and the future tense the present; The word "shall" is mandatory, and the word "may" is permissive; The masculine gender includes the feminine and neuter genders; Whenever a word or term defined in this Ordinance appears in the text of this Ordinance, its meaning shall be as stated in the Ordinance definition; Words or terms that are not defined in this Ordinance shall have the meaning found in the most recent addition of Webster's Unabridged Dictionary; Words or terms not defined in Webster's Unabridged Dictionary shall have their ordinary, usual meaning at the time the word or term is applied to a zoning or development question or situation; General words are construed to be restricted in their meaning by preceding particular words; The terms "Ordinance" and "Code" may be used interchangeably hereunder; (c) (d) (e) (i) 9.202 Application O) In their interpretation and application, the provisions of this Ordinance shall be held to be the minimum requirements for the promotion and protection of the public health, safety, morals and general welfare. The City may impose additional requirements where deemed necessary to protect the public interest and ensure compliance with the standards and purposes of this Ordinance and the goals and policies of the Comprehensive Plan. City of Columbia Heights Zoning and Development Ordinance - Section 2 Page 2-1 (2) In addition to the requirements of this Ordinance, all land uses and development shall comply with all other applicable city, county, state and federal regulations. If a provision of this Ordinance conflicts with any other provision of this Ordinance, the Columbia Heights City Code, or any other provision of law, the provision that is more restrictive, or which imposes a higher standard or requirement, shall prevail. 9.203 (1) Separability Provisions of this Ordinance are separable in accordance with the following: (a) If any court of competent jurisdiction finds any provision of this Ordinance to be invalid, that judgment shall not affect any other provisions of this Ordinance not specifically included in the judgment. Co) If any court of competent jurisdiction finds the application of any provision of this Ordinance to a particular property, building, or other structure to be invalid, that judgment shall not affect the application of the provision to any other property, building or structure not specifically included in the judgment. 9.204 Interpretation (1) The following rules govern the interpretation of this Ordinance: (a) City Council Intention. The object of all construction of this Ordinance is to ascertain and effectuate the intention of the City Council. This ordinance shall be construed if possible to give effect to all the provisions of this Ordinance. When the words of this Ordinance in their application to an existing situation are clear and flee from all ambiguity, the letter of this Ordinance shall not be disregarded under the pretext of pursuing the spirit. When the words of this Ordinance are not explicit, the intentions of the City Council may be ascertained by considering, among other matters: a. The occasion and necessity for the ordinance or specific provision; b. The circumstances under which it was enacted; City of Columbia Heights Zoning and Development Ordinance - Section 2 Page 2-2 (c) c. The mischief to be remedied; d. The object to be attained; e. The former zoning ordinance; f. The consequences of a particular interpretation; g. Administrative interpretation of this Ordinance interpretations by the Board of Appeals and Adjustments. and In ascertaining the intention of the City Council, the following presumptions apply: a. The City Council does not intend a result that is absurd, impossible of execution, or unreasonable; b. The City Council intends this Ordinance to be effective and certain in its entirety; c. The City Council does not intend to violate the Constitutions of the United States or the State of Minnesota; d. The City Council intends to favor the public interest as against any private interest. Grammatical Errors. Grammatical errors shall not destroy the application of this Ordinance. A transposition of words and clauses may be resorted to when a sentence is without meaning as it stands. Words and phrases wlfich may be necessary to the proper interpretation of this Ordinance and which do not conflict with its obvious purpose and intent, nor in any way affect its scope in operation, may be added in the construction thereof. Language. Provisions shall be construed to limit rather than to extend the operation of the clause to which they refer. Exceptions expressed in this Ordinance shall be construed to exclude all others. When a general provision of this Ordinance conflicts with a special provision in this Ordinance, the two shall be constructed if possible so that effect shall be given to both. If the conflict between the two provisions is irreconcilable, the special provision shall prevail and shall be construed as an exception to the general provision. If the general provision was enacted subsequent to the special provision and it is the clear intention of the City Council that such general provision shall prevail, then the general provision shall prevail. When several clauses are irreconcilable, the clause last in order of date of position shall prevail. When the provisions of two or more amendments to this Ordinance passed at different dates are irreconcilable, the amendment latest in date of final enactment shall prevail. City of Columbia Heights Zoning and Development Ordinance - Section 2 Page 2-3 (d) (e) Amendments. When a section or part of this Ordinance is amended, the amendment shall be construed as merging into the original ordinance, becoming a part thereof, and replacing the part amended. The remainder of the original ordinance and the amendment shall be read together and viewed as one ordinance passed at one time. The portions of this Ordinance that were not altered by the amendment shall be construed as effective from the date of the first enactment, and the new provision shall be construed as effective only fi.om the date when the amendment became effective. When this Ordinance adopts the provisions of State Statute by reference, it also adopts by reference any subsequent amendments of that statute except when the intent of the City Council is clearly to the contrary. If two or more amendments to the same provision of this Ord'mance are enacted at the same or at different times, one amendment overlooking and making no reference to the other or others, the amendments shall be construed together if possible and effect be given to each. If the amendments are irreconcilable, the amendment latest in date of final enactment shall prevail. Diagrams. Diagrams, where provided, are intended to be illustrative only and may not be drawn to scale. Where a conflict exists between a diagram and the text, the text shall prevail. city of Columbia Heights Zoning and Development Ordinance - Section 2 Page 2-4 CHAPTER 9: SECTION 3: LAND USE AND DEVELOPMENT DEFINITIONS 9.301 Definitions. The following words, and terms, whenever they occur in this Ord'mance, are defined as follows: Abandonment: To discontinue a use or activity for any reason, but excluding temporary interruptions to the use during periods of building or remodeling where a valid building permit has been issued or during periods of routine seasonal closure. Accessory Building or Structure: A building or structure or portion of a structure subordinate to and serving the principal structure on the same lot. Accessory Use: A use that is reasonably necessary and incidental to the conduct of the primary use of the principal building or buildings. Addition: Any change or modification in construction or occupancy of an existing structure. The enclosure of an existing screened pomh, deck, roofed deck, patio, or roofed patio shall be considered an addition. Adjacent or Contiguous: Bordering, touching or adjoining. If two lots are separated by a public street, they shall not be deemed adjacent. If two lots are separated by a public walkway, they shall be deemed adjacent. Adult Us, e: Adult uses include adult bookstores, adult motion picture theatres, adult motion picture sales/rental, adult mini-motion picture theatres, adult massage parlors, adult steam room/bathhouse/sanna facilities, adult companionship establishments, adult conversation parlors, adult health/sport clubs, adult cabarets, adult novelty businesses, adult motion picture arcades, adult modeling studios, adult hotels/motels, adult body painting studios, and other premises, enterprises, establishmc~nts, businesses or places open to some or all members of the public, at or in which there is an emphasis on the presentation, display, depiction or description of "specified sexual activities" or "specified anatomical areas" which are capable of being seen by members of the public. Activities classified as obscene as defined by Minnesota Statutes 617.241 are not included. Adult Use, Accessory: The offering of retail goods for sale which are classified as adult uses on a limited scale and which are incidental to the primary activity and goods and/or services offered by the establishment. Examples of such items include the sale of adult magazines, the sale or rental of adult motion pictures, the sale of adult novelties, and the like. City of Columbia Heights Zoning and Development Ordinance - Section 3 Page 3-1 Adult Use, Principal: The offering of goods and/or services which are classified as adult uses as a primary or sole activity of a business or establishmem and include, but are not limited to adult body painting studios, adult bookstores, adult cabarets, adult companionship establishments, adult conversation parlors, adult health clubs, adult theaters, adult modeling studios, and adult saunas and massage parlors. Alley: A public right-of-way or private way that affords a secondary means of access to abutting property. Annexation: The incorporation of a land area into the City of Columbia Heights with a resulting change to the corporate limits of the City. Assisted Living: A facility licensed by the MnDOH where individualized home care aide services or home management services are provided to residents either by management or by providers under contract with the management. Auto Reduction Yard: A lot or yard where one (1) or more unlicensed motor vehicles or the remains thereof are kept for the purpose of dismantling, sale of parts, sale as scrap, storage or abandonment. Auto and Truck Sales Lot: Buildings and premises for automobile/truck sales and show rooms with incidental and accessory sales and service facilities also permitted but not required. Banner, Flag or Pennant: A sign made of a flexible material, such as cloth, paper, or plastic, however and wherever affixed. Basement: A portion of a building located partially, up to fifty percent underground or below grade. Bay: Cantilevered portion of a building. Bed and Breakfast Residence: An owner-occupied, single-family residence that provides lodging and meals to registered gifts. Bedroom: Any room used principally for sleeping purposes and does not contain separate kitchen and sanitary facilities. Boarding House: A building other than a motel or hotel where, for compensation and by pre-arrangement for definite periods, meals and/or lodgings are provided for three (3) or more persons, but not to exceed eight (8) persons. Board of Adjustments: The Columbia Heights Planning Commission. City of Columbia Heights Zoning and Development Ordinance - Section 3 Page 3-2 Buffer: A landscaped area intended to separate and/or partially obstruct the view of adjacent land uses or properties fi:om one another. Building: Any roofed structure that may provide shelter or enclosure of persons, animals or chattel. Buildable Area: The area of the lot remaining after the minimum yard or setback requirements of this Ordinance have been established. Building Line: A line parallel with the street right-of-way, or any property line, at the foundation level of a building and representing the distance which the building is set back fi:om the street right-of-way or other property line. Bulk Regulations: Standards and controls that establish the maximum size of structures and the buildable area within which the structure can be located, including height, floor area ratio, gross floor area, lot area, lot coverage, impervious surface area and yard requirements, but excluding residential density regulations. Business: Any occupation, employment, or enterprise wherein merchandise is exhibited, rented or sold or which occupies time, attention labor and/or materials or where services or goods are offered for compensation. Business Frontage: The property lines or lease lines at the front of the building or the location of the main public entrance of said building. Canopy, Awning or Marquee: A projection or extension of a structure, building or place of assembly, erected in such a manner as to provide a shelter or cover over the approach to any entrance of such structure, building, or place of assembly. Carport: An automobile shelter having one or more sides open. Carwash: A building that provides facilities for washing and cleaning motor vehicles, which may use production line methods with a conveyor, blower, or other mechanical devices, and which may employ some hand labor. Certificate of Occupancy: A document issued by the Building Official allowing for the occupancy or use of a building, and certifying that the structure or use has been constructed or will be used in compliance with all the applicable codes and ordinances. City of Columbia Heights Zoning and Development Ordinance - Section 3 Page 3-3 Clinic, Medical: A place used for the diagnosis and treatment of sick, ailing, infirm, injured persons, and those persons who are in need of medical attention. Overnight care facilities are not provided at the clinic. Clinic, Veterinary: A place used for the diagnosis and treatment of sick or injured animals and those animals in need of medical attention. Coffee Shop: An establishment engaged principally in the sale of coffee and other non-alcoholic beverages for consumption on the premises or for carryout, which may also include the sale of a limited number of food items. Color: Any hue or combination of values of these. Black and white, shall not be considered colors. Commercial Use: A use of land, building or structure intended, designed or arranged for a business, occupation, trade, or profession, including entertainment, services or sale of goods. Community Center: An establishment operated by a non-profit organization or government agency, which includes recreational facilities, meeting rooms, social service facilities, and public health facilities, or any combination thereof. Comprehensive Plan: The policies, statements, goals and interrelated plans for private and public use of land and water, transportation, and community facilities including recommendations for plan execution, documented texts, ordinances, maps which constitute the guide for the future development of the City, Conditional Use Permit: A permit specially and individually granted by the City Council after public hearing thereon by the Planning Commission for any conditional use so permitted in any use district. Convenience Store: A retail establishment, having a maximum gross floor area of seven thousand five hundred (7,500) square feet, offering for sale prepackaged food products, household items and other goods commonly associated with this type of store. This use may also be combined with a motor vehicle service station. Council: The Columbia Heights City Council. Curb: A stone, asphalt or concrete boundary mark'mg the edge of a roadway or paved area. Curb Level: The grade elevation as established by the City, of the curb in front of the center of the building. Where no curb level has been established, the City City of Columbia Heights Zoffmg and Development Ordinance - Section 3 Page 3-4 Engineer shall determine a curb level or its equivalent for the purpose of this Ordinance. Curb Line: The line at the face of the curb nearest the street or roadway. In the absence of a curb, the curb line shall be established by the City Engineer. Day Care, Adult: A facility that provides care to functionally impaired adults on a regular basis for periods of less than 24 hours in a structure that is not the residence of the person being served or the facility operator. Day Care, Family: A facility that provides care, protection and supervision of children in a private residence for periods of less than 24 hours. The size of the outdoor play area, the maximum number of children who may be served, and the number and qualifications of required outside teachers and helpers are set forth in Minnesota Statutes. This use may be licensed by other agencies. Day Care, Group: A non-residential facility where child care, protection and supenrision services are provided on a regular basis for periods of less than 24 hours. A group day care facility may also be referred to as a Nursery. Deck, Attached: A structure six feet or more attached to the main building that may or may not have a railing or access to the ground, but does not have a roof or contain walls. Deck, Detached: A free-standing structure that is directly adjacent or attached to the principal building that may or may not have a railing, but does not have a roof or contain walls. Drip Line: A vertical line extending from the outermost branches of a tree to the ground Density: The number of dwellings or principal buildings or uses permitted per net acre of land. Net acre of land shall not include any land required for public streets or other fights-of-way. Development: All structures and other human modifications of the landscape. Drinking Establishment: Any premise where alcohol or non-alcoholic beverages are sold at retail for consumption on the premises. Drive-in Facility: Any portion of a building from which business is transacted, or is capable of being transacted, directly with customers located in a motor vehicle. Such use may also be referred to as a drive-through. City of Columbia Heights Zoffmg and Development Orc[mance - Section 3 Page 3-5 Driveway: A private way used by vehicles to gain access to an individual lot or parcel of land, For one- and two-family dwellings, the driveway shall be defined as the length and width of a driving surface that is used to gain access to a private garage. Dwelling: A building or one (1) or more portions thereof occupied or intended to be occupied exclusively by a family, but not including rooms in motels, hotels, nursing homes, boardinghouses, nor trailers, tents, cabins, or trailer coaches. Dwelling, Attached: A dwelling that is joined to another dwelling on one or more sides by a common wall. Dwelling, Detached: A dwelling that is surrounded by open space on the same lot. Dwelling, Multiple: A building so designed as to contain three (3) or more dwellings as the principle use. Dwelling, Townhouse: Attached dwelling units, each with a separate entrance to front and rear yards. Easement, Utility: A grant by a property owner for the use of a portion or strip of land for the purposes of constructing and ma'mtaining utilities, including, but not limited to, sanitary sewers, water mains, electric liners, telephone lines, storm sewers or storm drainage ways, and gas lines. Emergency Shelter: A non-profit, charitable, or religious organization providing boarding and/or lodging and ancillary services on the premises primarily to indigent, needy, homeless or transient persons. Essential Service: Underground or overhead gas, electrical, steam, or water distribution systems; collection, communication, supply or disposal systems including poles, wires, mains, drains, sewers, pipes, conduits, cables, fire alarm boxes, police call boxes, traffic signals, hydrants or other similar equipment and accessories in conjunction therewith; but not including telecommunication towers Equal Degree of Encroachment: A method of determining the location of encroachment lines so that flood plain lands on both sides of a stream are capable of conveying a proportionate share of flood flows. This is determined by considering the effect of encroachment on the hydraulic efficiency of the flood plain along both sides of a stream for a significant reach. Facade: The exterior wall of a build'mg exposed to public view. city of Columbia Heights Zoning and Development Ordinance - Section 3 Page 3-6 Family: An individual, or two or more persons each related by blood, marriage or adoption, living together as a single housekeeping unit; or a group of not more than four (4) persons not so related, maintaining a common household and using common cooking and kitchen facilities. Fence: A fence is any partition, structure, wall or gate erected as a dividing marker along property lines or within the required yard. Filling: The placement of sand, gravel, earth or other materials of any composition on a parcel of land. Firearm: Any device, designed to be used as a weapon, which will or is designed to or may readily be converted to expel a projectile by the action of an explosive or other form of combustion, but excluding a stud or nail gun used in the construction industry or a toy gun. Flood: A temporary rise in stream flow or stage that results in inundation of the areas adjacent to the channel. Flood Frequency: The average frequency, statistically determined, for which it is expected that a specific flood state or discharge may be equaled or exceeded. Flood Fringe: That portion of the flood plain outside of the floodway. Flood fringe is synonymous with the term floodway fringe used in the Flood Insurance Study. Flood Plain: The areas adjoining a watemourse that have been or hereafter may be covered by the regional flood. Flood Proofing: A combination of structural provisions, changes, or adjustments to propc~rties and structures subject to flooding primarily for the reduction or elimination of flood damages. Floodway: The channel of the watemourse and those portions of the adjoining flood plain that is reasonably required to carry and discharge the regional flood. Floor Area, Net: The sum of the gross horizontal areas of the several floors of a building including interior balconies, mezzanines and basements, but excepting that area primarily devoted to window display, fitting rooms, stairs, escalators, unenclosed porches, dead storage, heating and utility rooms, inside off-street parking or loading space. Measurements shall be made from the outside of exterior walls. Floor Area, Gross: The sum of the gross horizontal areas of the several floors measured to the outside of exterior walls. City of Columbia Heights Zoning and Development Ordinance - Section 3 Page 3-7 Floor Area Ratio: The numerical value obtained through dividing the gross floor area of a building or buildings by the lot area on which such building or buildings are located. Frontage: The distance for which a lot line coincides with the right-of-way line of a public street or the boundary of a private street. Funeral Home: A building or part of a building thereof used for human funeral services. Such building may contain space and facilities for embalming and other services used to prepare the dead for burial, performance of autopsies, storage of caskets, funeral urns and other related funeral supplies and the storage of other funeral supplies, but excluding crematoriums Garage, Private: A detached accessory building or portion of principal building, including a carport, which is used primarily for storing passenger vehicles, trailers or one (1) truck of a rate capacity not in excess of nine thousand (9,000) pounds. Garage Sale: Any display of used goods and/or salesmen samples and sale of said goods on a property used primarily as a dwelling. The person conducting the sale shall be a member of the family occupying the dwelling. Grade: The elevation or level of the street closest to the building, structure or sign to which reference is made, measured at the street's centerline. Glare, Direct: That part of the visible light reaching an observer directly in a straight line from the source of its principal diffuser and/or its associated focusing reflector. Glare, Indirect: Light described in the definition for direct glare, but reaching an observer by reflection from a surface or surfaced which either: (a) Move periodically under power of the wind, electricity, burning fossil fuel, or similar energy source; or (b) reflect 70 percent or more of the light incident upon them; or (c) Produce by imaging the effect of the conditions of part (a) above. Graphics: An illustration or rendering which is not for an advertising purpose and which is applied directly to a building or structure. Height, Building: The distance measured from the mean curb level along the front lot line or fi'om 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 City of Columbia Heights Zoning and Development Ordinance - Section 3 Page 3-8 or other arch type roof, to the mean distance of the highest gable on a pitched or hip roof. Height, Structure or Sign: The distance measured from the mean curb level along the front lot line or fi'om the mean ground level for a structure having frontage on a public right-of-way, whichever is higher, to the uppermost portion of the structure or sign. Home Occupation: Any gainful occupation or profession engaged in by an occupant of a dwelling unit. Such use must be clearly incidental and secondary to the principal use of the dwelling for residential purposes and shall not change the residential character of the dwelling or have an adverse effect on adjacent properties nor constitute a nuisance or safety hazard. Hotel: A building containing eight (8) or more guest rooms in which lodging is provided with or without meals for compensation and which is open to transient, permanent guests or both, and where no provision is made for cooking in any guest room, and in which ingress and egress to and from all rooms is made through an inside lobby or office supervised by a person in charge. Impervious Service: A surface that is occupied by buildings or structures, or has been compacted or covered with a layer of material so that it is highly resistant to infiltration by water. Industrial Use: The use of land or buildings for the production, manufacture, warehousing, storage, or transfer of goods, products, commodities or other wholesale items. Junk Yard: An area where used, waste, discarded or salvaged materials are bought, sold, exchanged, stored baled, cleaned, packed, disassembled or handled including but not limited to scrap, iron, and other metals, paper, rags, rubber products, bottles and lumber. Storage of such material in conjunction with a permitted manufacturing process when within an enclosed area or building shall not be included. Kennel: Any premises where three (3) or more non-caged domestic animals over six (6) months of age are kept, except for an animal hospital, pet shop or veterinary clinic. Land Alteration: Depositing or removing four hundred (400) cubic yards or more of material after the effective date of this Ordinance so as to modify the existing grade, excluding excavations for the placement of footings or the construction of basements City of Columbia Heights Zo~fmg and Development Ordinance - Section 3 Page 3-9 Lot: A parcel of land occupied or used or intended for occupancy or use by a use permitted in this Ordinance, abutting on a public street, and of sufficient size to provide the yard required by this Ordinance. Lot, Corner: A lot situated at the junction of, and abutting on two (2) or more intersecting streets or other public rights-of-way, or a lot at the point of deflection in alignment of a continuous street, the interior angle of which does not exceed one hundred thirty-five (135) degrees. Lot, Interior: A lot other than a comer lot. Lot, Through: A lot which has a pair of opposite lot lines abutting two (2) substantially parallel streets, and which is not a comer lot. On a through lot, both street lines shall be front lot lines for applying this Ordinance. Lot of Record: Any lot which is one (1) unit of a plat heretofore or hereafter duly approved and filed, or one (1) unit of an Auditor's subdivision or a Registered Land Survey, or a parcel of land not so platted, subdivided or registered for which a Deed, Auditor's Subdivision or Registered Land Survey has been recorded in the office of the Register of Deeds or Registrar of Titles for Anoka County, Minnesota prior to the effective date of this Ordinance. Lot Area: The area of a lot in a horizontal plan bounded by the lot lines, but not including any area occupied by the waters of a duly recorded lake or area which has been dedicated as a public right-of-way. Lot Area per Dwelling Unit: The number of square feet of lot area required per dwelling trait. Lot Depth: The mean horizontal distance between the front lot line and the rear lot line of a lot. Lot Line: A lot line is the property line bounding a lot except that where any portion of a lot extends into the public right-of-way or a proposed public right-of-way shown on a recorded official map, the line of such public right-of-way shall be deemed the lot line Lot Line, Front: That boundary of a lot that abuts a public street. In the case of a comer lot it shall be the shortest dimension on a public street. If the dimensions of a comer lot are equal, the front lot line shall be designated by the owner and filed with the City. Lot Line, Rear: That boundary of a lot that is opposite the front lot line. If the rear lot line is less than ten (10) feet in length, or if the lot forms a point at the City of Columbia Heights Zoning and Development Ordinance - Section 3 Page 3-10 rear, the rear lot line shall be a line ten (10) feet in length within the lot, parallel to, and at the maximum distance from the front lot line. Lot Line, Side: Any boundary of a lot that is not a fi'ont lot line or a rear lot line. Lot, Substandard: A lot or parcel of land that has less than the required minimum area or width as established by this Ordinance as a buildable parcel. Lot Width: The minimum horizontal distance between the side lot lines as measured at the median point of the front yard setback line. Manufactured Home: A manufactured home means a factory-built structure or structures equipped with the necessary service connections and made so as to be readily movable as a trait or units on its or their own nmning gear and designed to be used as a dwelling unit or units without a permanent foundation. The phrase "without a permanent foundation" indicates that the support system is constructed with the intent that the mobile home placed thereon will be moved fi'om time to time at the convenience of the owner. Manufactured Home Park: A parcel of land so designed and improved with utilities, parking pads, walks access roads, and other facilities to accommodate manufactured homes that are to be used as dwellings and that have received State approval. Motel: A building containing eight (8) or more guest rooms in which lodging is provided with or without meals for compensation and which is open to transient, permanent guests or both, and where no provision is made for cooking in any guest room, and in which ingress and egress to and from all rooms is made directly from the outside. Motor Freight Terminal: A building or area where freight arrives and/or is removed for routing in intra-state or inter-state shipment by motor track. Motor Fuel Station: A retail place of business engaged primarily in the sale of motor fuels, but may also be engaged in supplying goods and services generally required in the operation and maintenance of motor vehicles. Motor Fuel Station, Major: A primarily retail place of business which may engage in major motor vehicle repair and may include auto wash or convenience store as an accessory use. Motor Fuel Station, Minor: A retail place of business which shall have no more than two service bays, and may engage in minor motor vehicle repair. City of Columbia Heights Zoning and Development Ordinance - Section 3 Page 3-11 Motor Vehicle Repair, Major: General repair, rebuilding or reconditioning of engines, motor vehicles or trailers, including body work, frame work and major painting service. Motor Vehicle Repair, Minor: The replacement of any part or repair of any part which does not require the removal of the engine head or pan, engine, transmission or differential; incidental body and fender work minor painting an upholstering service when said service above stated is applied within an enclosed building. Nonconformity: Nonconformity shall have the meaning given in the Minnesota Statutes, Section 394.22, Subdivisions 8, or successor statutes. Noxious Matter or Material: Material capable of causing injury to living organisms by chemical reaction, or is capable of causing detrimental effects on the physical or economic well being of individuals. Nursing Home: A place, residence, or home used for the boarding and care of elderly or infirm that are dependent upon the services of others. Obstruction: Any dam, wall, wharf, embankment, levee, dike, pile, abutment, projection, excavation, channel rectification, culvert, building, wire, fence, stockpile, refuse, fill, structure, or matter in, along, across, or projecting into any channel, watercourse, or regulatory flood hazard area which may impede, retard, or change the direction of the flow of water, either in itself or by catching or collecting debris carded by such water, or that is placed where the flow of water might carry the same downstream to the damage of life or property. Office: A building or portion of a building wherein services are performed involving predominantly administration, professional or clerical operations. Official Control: Means legislatively defined and enacted policies, standards, precise detailed maps, and other criteria all of which control the physical development of a municipality or a county or any part thereof or any detail thereof, and are the means of translating into ordinances all or any part of the general objections of the Comprehensive Plan. Such official controls may include but are not limited to ordinances establishing zoning, subdivision controls, site plan regulations, sanitary codes, building codes, housing codes and official maps. Official Map: Means a map adopted in accordance to Minnesota Statutes which may show existing marls and highways, future roads and highways and the area needed for widen'rog existing public land and facilities and other land needed for future parks, playgrounds, schools, and other public buildings, civic centers, travel service facilities. City of Columbia Heights Zoning and Development Ordinance - Section 3 Page 3-12 Opaque: Impervious to the passage of light. Open Sales Lot: Land devoted to the display of goods for sale, rent, lease, advertising or trade where such goods are not enclosed within a building but not including new or used cars or trucks. Open Space, Common: Open space within or related to a development designed and intended for the common use or enjoyment of the occupants of the development or the public at large. Ordinary High Water Mark: Ordinary high water level shall have the meaning given in Minnesota Statutes, Section 103G.005, Subdivision 14; or successor statutes. Outside Storage: The keeping in an unroofed area of any goods, bulk material, other material, merchandise, or products for more than twenty-four hours. Overlay District: A zoning district that encompasses one or more primary zoning districts, or portions thereof, and that imposes additional requirements above and beyond those required by the primary zoning district. Parcel: An area of land that may be designated by platting, by metes and bounds descriptions, by a registered land survey, by auditors subdivision, or other acceptable means, which distinguishes it fi.om other parcels. Parking, Joint: The development and use of a parking space or parking lot by two (2) or more separate uses. Pedestrian Way: A public or private right-of-way, across or within a block that provides access for pedestrians. Performance Standard: Criterion established to control noise, odor, radiation, toxic or noxious matter, vibration, fire and explosive hazards, or glare or heat generated by or inherent in uses of land or buildings. Persons: Any individual, fn'm, partnership, corporation, company, association, joint stock association or body politic; includes any trustee, receiver, assignee, or other similar representative thereof. Place of Worship: A building, together with its accessory buildings and uses, where persons regularly assemble for religious worslfip and which buildings and uses are maimained and controlled by a religious body organized to sustain regular public worship. City of Columbia Heights Zoning and Development Ordinance - Section 3 Page 3-13 Planned Unit Development: Planned Unit Development means a type of development characterized by a unified site design for a number of dwelling units or dwelling sites on a parcel, whether for sale, rent or lease, and usually involving a mix of land use, structure types and other design development details specific to the site or project goals. Plat: A map depicting the division or subdivision of land into lots, blocks, parcels, tracts or other portions thereof. Plat, Final: A drawing of a permanent nature showing the precise location and dimensions of such features as streets, lots, easements and other elements pertinent to transfer of ownership and prepared for permanent record, Plat, Preliminary: A drawing showing the proposed general pattern of streets, lots, and land uses within a tract of land to be subdivided. Public Waters: Public waters shall have the meaning given in Minnesota Statutes, Section 103G.005, Subdivision 15, or successor statutes. Ramp: A structure attached to a principle or accessory building which is constructed at a slope that meets the Uniform Building Code requirements for the purposes of providing access to a building. Reach: A hydraulic engineering term to describe a longitudinal segment of a stream or fiver influenced by a natural or manmade obstruction. In an urban area, the segment of a stream or river between two consecutive bridge crossings would most typically constitute a reach. Regional Flood: A flood which is representative of large floods known to have occurred generally in Minnesota and reasonably characteristic of what can be expected to occur on an average frequency in the magnitude of the 100-year recurrence interval. Regional flood is synonymous with the term base flood used in the Flood Insurance Study. Residential Use Building: A dwelling, boarding, lodging, rooming, fraternity or sorority house, or a dormitory unit. City of Columbia Heights Zoning and Development Ordinance - Section 3 Page 3-14 Residential Care Facility: A licensed public or private facility, which, for gain or otherwise, regularly provides one or more dependents with twenty-four (24) hour a day substitute for the care, food, lodging, training, supervision, rehabilitation, and treatment they need, but which for any reason cannot be furnished in the dependent's own home. The term includes facilities that are licensed by the Minnesota Department of Health, foster homes, residential treatment facilities, maternity shelters, group homes, schools for challenged children, and homes for battered children or spouses. Such term shall not include any facility eligible for licensure by the Minnesota Department of Corrections. Restaurant: An establishment engaged in the preparation and retail sale of food and beverages, which is characterized by table service to customers and does not meet the definition of a fast food restaurant. Restaurant, Fast Food: An establishment whose design or principal method of operation includes at least five of the following characteristics. (a) Less than fifty (50) percent of the gross floor area is devoted to customer dining. (b) A permanent menu board is provided from which to select and order food. (c) If a chain or franchised restaurant, standardized floor plans are used over several locations. (d) Customers pay for food before consuming it. (e) A self-serve condiment bar is provided. (f) Trash receptacles are provided for self-serve bussing. (g) Furnishing plan indicates hard-finished stationary seating arrangement. (h) Most main course food items are substantially cooked on the premises and packaged in individual, non-reusable containers. In addition, any restaurant with a drive-through facility shall be considered a fast food restaurant. Right-of-way: An area or strip of land, either public or private, upon which a right-of-passage has been recorded for the use of vehicles, including trains, or pedestrians or both. Road: A public right-of-way affording primary access by pedestrians and vehicles to abutting properties, whether designated as a street, highway, thoroughfare, parkway, throughway, road, avenue, boulevard, lane, service road, place or however otherwise designated. Roof Line: The uppermost line of the roof of a building or, in the case of an extended fagade, the uppermost height of said faqade. City of Columbia Heights Zoning and Development Ordinance - Section 3 Page 3-15 Rooming House: A residential structure that offers a room or rooms without kitchen facilities for rent. Roomer: A person who is not a member of the family occupying a room for a charge. Semi-public Use: Semi-public Use means the use of land by a private, non-profit organization to provide a public service that is ordinarily open to some persons outside the regular constituency of the organization. Setback: The minimum horizontal distance between a building or structure and a right-of-way, property line, ordinary high water level, or other specified facility. Sewer System: Pipelines or conduits, pumping stations, and force main, and all other construction, devices, appliances, or appurtenances used for conducting sewage or industrial wastes or other wastes to a point of ultimate disposal and/or treatment. Sign: A stracture, device, advertisement, advertising device or visual representation intended to advertise, identify or communicate information to attract the attention of the public for any purpose and without prejudice to the generality of the foregoing. A sign includes any symbols, letters, figures, graphics, or forms painted or otherwise affixed to a building or structure intended to attract the attention of the public for any purpose. This definition includes a structural or nonstructural device that borders, illuminates, animates or projects the visual representation. (a) (b) (c) (d) Sign Area: The entire area within a single continuous perimeter enclosing the extreme limits of such sign. Such perimeter shall, in no case, pass through or between any adjacent elements of such sign. In the case of a sign designed with more than one exterior surface, the area shall be computed as including only the maximum single display surface, which is visible from any ground position at one time. The supports, uprights, or structures on which any sign is supported, which do not form an integral part of the display, are not included in the sign area. Sign, Maximum Height: Refers to the vertical distance measured from the nearest finished grade to the top of such a sign. Sign, Minimum Height: Shall refer to the vertical distance measured from the nearest finished grade to the lower limit of such sign. Sign Structure: The structure which supports or is capable of supporting any sign, including the framework, braces, uprights, and supports of such signs. Said def'mition shall not include a building to which the sign is attached. City of Columbia Heights Zoning and Development Ordinance - Section 3 Page 3-16 Sign Alteration: A change of copy area, size, or location exclusive of routine maintenance, painting or change of the copy itself. Sign, Animated: A sign that includes action or motion effected through mechanical or electrical means or wind, exclusive of flashing, changing and indexing signs. ~ Sign, Area Identification: A sign identifying a shopping center or multiple dwelling units. Sign, Billboard: A non-accessory sign for the purpose of advertising a product, event, person, subject or service not entirely or directly related to the premises on which said sign is located, including a sign for the purpose of advertising the availability for rental or sale of the sign itself. Sign, Canopy, Awning orMarquee: A sign suspended from or forming part of the canopy, awning, or marquee that does not extend horizontally beyond such canopy, awning or marquee. Sign, Changeable Copy: A sign employing detachable copy, letters or symbols which may be altered, substituted or rearranged to convey varying messages, regardless of method of attachment. Sign, Changing: A sign which displays copy changes, such as an electronically or electrically controlled public service, time and temperature sign, message center or reader-board. Sign, Copy: The letters, symbols, or other representatives used on a sign to convey a message. Sign, Copy Area: That portion of the sign which contains the copy and to which the copy is applied. Sign, Directional: An on-premise sign designed to guide or direct pedestrian or vehicular traffic. Sign, Electric: A sign that uses electrical wiring on, in or near such sign to effect movement and/or illumination, inclusive of illuminated signs. Sign, Flashing: A sign that contains flashing lights or exhibits discemable and purposeful changes in light intensity or color. Sign, Free-Standing: A permanent sign which is not affixed to any part of a building or structure and which is supported by upright brace(s) or post(s) placed in the ground. City of Columbia Heights Zoning and Development Ordinance - Section 3 Page 3-17 Sign, Identification: A sign which is limited to the name, address and number of a building, structure, institution, or person in addition to the activity carded on in the building, structure or institution, or the occupation of the person. Sign, Illuminated: A sign designed to give forth or reflect any artificial light, either directly from a source of light incorporated in or connected with such sign, or indirectly from an artificial source in the immediate proximity thereof. Sign, Incidental: A small sign less than two (2) square feet in area of a noncommercial nature, intended primarily for the convenience of the public, including signs designating rest areas and public telephones. Sign, Institutional: A sign used by an institution. Sign, Monument: A permanent fi'eestanding sign which is not affixed to any part of a building or structure and which is typically constructed of masonry, concrete, wood or other decorative type material to complement the surrounding area. Sign, Political: A sign which states the name, slogan and/or picture of an individual seeking election to a public office, or which pertains to a public election or referendum, or which relates to or advocates political views or policies. Sign, Portable: A sign that is not permanently attached to the ground or to a building or structure. Sign, Projecting: A sign which extends outward fi'om the wall of a building or structure more than 18 inches, and is supported by or suspended from such wall. Sign, Real Estate: A sign offering land and/or buildings for sale, lease or rental, located on such property. Sign, Revolving: A sign, any part of which tums, rotates, or revolves. Sign, Roofi A sign which is painted on, affixed to, or erected upon the roof or parapet of a building or structure of which any portion in situated on or above the roof level of such building or structure and is wholly or partially supported by said building or structure. i~tendexl to the pdnciP~ ~e~ Sign, Time and Temperature: A sign that displays only time and temperature information. City of Columbia Heights Zoning and Development Ordinance - Section 3 Page 3-18 Sign, Wall: An identification sign affixed to or painted on the wall of a building or structure with the exposed face of the sign in a plane parallel to the plane of said wall. Sign, Window: A sign painted on, placed in, or affixed to any window, exclusive of merchandise on display. Shopping Center: A group of four (4) or more commercial uses that has either common management or ownership, or has a contiguous gross retail area of twenty thousand (20,000) square feet or more. Shore Impact Zone: The land located between the ordinary high water level of a public water and a line parallel to it at a setback of 50 percent of the required structure setback for the applicable lake or river classification. Shoreland: Shoreland shall have the meaning given in Minnesota Statutes, Section 103F.205, Subdivision 4, or successor statutes. Significant Historic Site: An archaeological site, standing structure, or other property that meets the criteria for eligibility to the National Register of Historic Places or is listed in the State Register of Historic Sites or is determined to be an unplatted cemetery that falls under the provisions of the Minnesota Statutes, Section 307.08; or successor statutes. A historic site meets these criteria if it is presently listed on either register or if it is determined to meet the qualifications for listing after review by the Minnesota State Archaeologist or the director of the Minnesota Historical Society. Specified Anatomical Areas: Less than completely and opaquely covered human genitals, pubic region, buttock, anus, or female breast(s) below a point immediately above the top of the areola: and human male genitals in a discernibly turgid state, even if completely and opaquely covered. Specified Sexual Activities: Activities including: (1) Actual or simulated sexual intemourse, oral copulation, anal intercourse, oral-anal copulation, bestiality, direct physical stimulation of unclothed genitals, flagellation or torture in the context of a sexual relationship, or the use of excretory functions in the context of a sexual relationship, and any of the following sexually-oriented acts or conduct: anilingns, buggery, coprophagy, coprophilia, cunnilingus, fellatio, necrophilia, pederasty, pedophilia, piquerism, sapphism, zooerasty; or, (2) Clearly depicted human genitals in the state of sexual stimulation, arousal or tumescence; or, (3) Use of human or animal ejaculation, sodomy, oral copulation, coitus or masturbation; or, (4) Fondling or touching of nude human genitals, pubic region, buttocks or female breast; or, (5) Situations involving a person or persons, any of whom are nude, clad in undergarments or in sexually revealing costumes, and who are engaged in city of Columbia Heights Zoning and Development Ordinance - Section 3 Page 3-19 activities involving the flagellation, torture, fettering, binding or other physical restraint of any such persons; or, (6) Erotic or lewd touching, fondling or other sexually-oriented contact with an animal by a human being; or, (7) Human excretion, urination, menstruation, vaginal or anal irrigation. Story: That portion of a building included between the surface of any floor and the surface of the floor next above it; or if there is no floor above, the space between the floor and the ceiling next above. A basement shall be counted as a story. Street: A public right-of-way not less than fifty (50) feet in width which affords a primary means of access to abutting property. Structure: Anything constructed or erected, the use of which requires more or less permanent location on the ground or attachment to something having a permanent location on the ground. When a structure is divided into separate parts by an unpierced wall, each part shall be deemed a separate structure. Structural Alteration: Any change, other than incidental repairs, which would prolong the life of the supporting members of a building, such as bearing walls, column beams, girders, or foundations. Subdivision: Land that is divided for the purposes of sale, rent, or lease and including planned unit developments. Twinhome: A single-family residential dwelling on an individual lot, sharing a common wall with another single-family residential dwelling. Use: The purpose or activity for which the land, structure or building thereon is designed, arranged, or intended, or for which it is occupied or maintained. Use, Conditional: Either a public or private use as listed which, because of its unique characteristics, cannot be properly classified as a permitted use in a particular district. Use, Permitted: A use which may be lawfully established in a particular district or districts, provided it conforms with all requirements, regulations and performance standards of such district. Use, Principal: The main use of land or buildings. Vending Machine: Any coin operated device that dispenses a product or service without an attendant. City of Columbia Heights Zoffmg and Development Ordinance - Section 3 Page 3-20 Wall Surface: The total horizontal area of the building face, including windows and door areas, measured to the extreme outer limits of such wall surface. Yard: A required open space on a lot, which is unoccupied and unobstructed by a structure from its lowest ground level to the sky except as expressly permitted in this Ordinance. A yard shall extend along a lot line and at right angles to such lot line to a depth or width specified in the yard regulations for the district in which such lot is located. Yard, Front: A yard extending along the full width of the front lot line between side lot lines and extending from the abutting front street right-of-way line to a depth required in the yard regulations for the district in which such lot is located. Yard, Rear: A yard extending along the full width of the rear lot line between the side lot lines and extending toward the front lot line for a depth as specified in the yard regulations for the district in which such lot is located. Yard, Side: A yard extending along a side lot line between the 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. Zoning District: An area or areas within the limits of the City for which the regulations and requirements governing use are uniform. City of Columbia Heights Zoning and Development Ordinance - Section 3 Page 3-21 CHAPTER 9: SECTION 4: LAND USE AND DEVELOPMENT ADMINISTRATION AND ENFORCEMENT 9.401 (2) (3) General Provisions Purpose. This Chapter sets forth the procedures required for the administration of this Ordinance, outlines the powers and duties of the officials and bodies charged with such administration, establishes standards for required approvals, and provides enforcement in a manner which protects the public health, safety and general welfare. Concurrent Review. In order to provide for the efficient administration of this Ordinance, all applications for a single project or proposal that require multiple actions shall be processed concurrently. Substantially Similar Uses. Whenever an application contains a use not specifically included in this Ordinance, the Zoning Administrator shall issue a statement of clarification, finding that the use is either substantially similar in character and impact to a use regulated in this Ordinance or that the use is not substantially similar to any other use regulated in this Ordinance. If the use is not substantially similar to any other use regulated in this Ordinance, the use shall be prohibited. 9.402 (1) (2) Authority and Duties for Administration Authority. The following City officials and bodies, without limitation upon such authority as each may possess by law, have responsibility for implementing and administering this Ordinance: (a) (b) (c) (d) Zoning Administrator Development Review Committee Planning Commission City Council Zoning Administrator. (a) Authority. The Zoning Administrator shall be appointed by the City Manager to administer and enforce the provisions of this Ordinance. (b) Duties. The Zoning Administrator shall have the following responsibilities: City of Columbia Heights Zoffmg and Development Ordinance - Section 4 Page 4~1 1. Conduct inspections of buildings and uses of land to determine compliance with the provisions of this Ordinance. 2. Maintain permanent and current records of this Ordinance, including, but not limited to, all associated maps, amendments, conditional uses, variances, and appeals. 3. Receive, file and forward all applications for appeals, variances, conditional use permits, zoning ordinance amendments, vacations, minor subdivisions, preliminary plats, final plats or other matters to the appropriate decision-making body. 4. Make a determination of compliance with this Ordinance on all applications for building permits and certificates of occupancy. 5. Provide zoning information to residents and others upon request. 6. Interpret the provisions of this Ordinance. Development Review Committee. (a) Authority. The membership of the Development Review Committee shall be City staff members as appointed by the City Manager. (b) Duties. The Development Review Committee shall have the following responsibilities: 1. Review plans and plats for conformance with the technical requirements of this Ordinance. 2. Make recommendation to the Planning Commission and City Council regarding applications for development or land use approvals. Planning Commission. (a) Authority. Council. (b) Duties. The responsibilities: 1. The Planning Commission shall be appointed by the City Planning Commission shall have the following Hear and make recommendations to the City Council regarding all applications for a conditional use permit or an amendment to a conditional use permit. City of Columbia Heights Zoning and Development Ordinance - Section 4 Page 4-2 Hear and make recommendations to the City Council regarding all applications for an amendment to this Ordinance, both text amendments and amendments to the district boundaries on the official zoning map. Hear and make recommendations to the City Council regarding all applications for minor subdivisions, preliminary plats and final plats. Review, hold public heatings, and prepare recommendations on any changes to the City's Comprehensive Plan. 5. Review this Ordinance from time to time and make recommendations to the City Council that changes be initiated. Hear and make recommendations on any other matter referred to it by the City Council. (c) Board of Appeals and Adjustment Duties. In accordance with Minnesota Statute §462.354, the City Council has designated the Planning Commission as the Board of Appeals and Adjustments. As such, the Planning Commission shall have the following additional responsibilities: Hear and make decisions on all applications for an appeal of any administrative order, requirement, determination or final decision made by the Zoning Administrator or other official in the administration of this Ordinance. Hear and make decisions on all applications for a variance from the literal provisions of this Ordinance. City Council. (a) Authority. The City Council shall have the authority given to it by State Statutes. (b) Duties. The City Council shall hear and make the final decision on all matters identified as requiring City Council action in this Ordinance. 9.403 (0 General Application Procedures Applications. All applications for land use or development approval shall be made on the appropriate application, as approved by the City and available from the Community Development Department. The application shall be accompanied by detailed written and graphic materials fully explaining the proposed City of Columbia Heights Zoning and Development Ordinance - Section 4 Page 4-3 (7) development or land use change, as required by the Zoning Administrator. The application shall also be accompanied by the appropriate fee, proof of legal interest in the property, and two copies ora list of property owners within 350 feet of the subject property or as otherwise defined in State Statutes, in the format required by the Zoning Administrator. Additional Information. The Zoning Administrator may require applicants for land use or development approval to submit additional information as may be necessary to evaluate the application. Such additional information may include, but shall not be limited to, traffic studies, engineering studies and environmental studies. The costs of such studies shall be the responsibility of the applicant, with the person or firm preparing the study approved by the Zoning Administrator. Pre-application Conference. A pre-application conference with the Zoning Administrator shall be required prior to the submission of any application for land use or development approval. The purpose of the conference is to review application procedures and ordinance requirements with the applicant, to exchange information regarding the proposed project, and to identify potential opportunities and constraints for development of the site under consideration. Completeness of Application. No application for land use or development approval shall be deemed complete until all items that are required in support of the application, including any additional studies or information required by the Zoning Administrator, have been submitted. Application Fees. Fees for all applications for development or land use approval shall be established by resolution of the City Council. Fees shall be payable at the time applications are filed with the Zoning Administrator and are not refundable unless application is withdrawn prior to referral to the Planning Commission. There shall be no fee in the case of applications filed in the public interest by the City Council or Planning Commission. Required Action. Pursuant to Minnesota Statutes § 15.99, all applications for land use or development approval shall be approved or denied as per State Statute, unless extended pursuant to Statute or unless a time waiver has been granted by the applicant. Reconsideration of Applications. No application for land use or development approval that has been denied by the City Council, in whole or in part, shall be reconsidered for a period of six months from the date of City Council action on the application. Expiration of Approval. If substantial development or construction has not taken place within one year of the date of City Council approval of an application for land use or development approval, the approval shall be considered void unless a petition for time extension has been granted by the City Council. Such extension shall be submitted in writing at least 30 days prior to the expiration of the City of Columbia Heights Zoning and Development Ordinance - Section 4 Page 4-4 approval and shall state facts showing a good faith effort to complete the work permitted under the original approval. This provision shall not apply to zoning amendments or vacations of streets, alleys or public rights-of-way. 9.404 (1) (2) Public Hearings Notice of Public Hearing. For all development or land use applications requiring a public heating, notice of the public heating shall be as follows: (a) Official Publication. The Zoning Administrator shall publish notice of the time, place and purpose of the public heating at least once in the official City newspaper, not less than 10 days nor more than 30 days before the heating. Notice to Affected Property Owners. The Zoning Administrator shall mail a written notice of the time, place and purpose of the public heating to all owners of record of property located in whole or in part within 350 feet of the boundaries of the subject property, or as otherwise defined in State Statutes, not less than 10 days nor more than 30 days before the hearing. The failure to give mailed notice to individual property owners, or defects in the notice, shall not invalidate the proceedings, provided a bona fide attempt to comply with this requirem, ents has been made. (c) Notice to Department of Natural Resources. When a land use or development application relates to property within the Floodplain Management or Shoreland Management overlay district, the Zoning Administrator shall mail a written notice of public hearing to the Commissioner of Natural Resources at least 21 days before the hearing. Hearing Procedure. All hearings shall be open to the public. Any person may appear and testify at a heating in person or by representative. Upon conclusion of the public testimony, the decision-making body shall announce its decision or recommendation, or shall continue the matter to a subsequent meeting. City of Columbia Heights Zoning and Development Ordinance - Section 4 Page 4-5 9.405 (1) (2) (3) 9.406 (1) (2) (3) (4) Appeals Right of Appeal. At any time within 30 days after a written order, requirement, determination or final decision has been made by the Zoning Administrator or other official in interpreting or applying this Ordinance, except for actions taken in connection with prosecutions for violations thereof, the applicant or any other person affected by such action may appeal the decision. Application for Appeal An appeal must be made by filing a written notice of appeal addressed to the Zoning Administrator and Planning Commission, and stating the action appealed as well as the specific grounds upon which the appeal is made. Public Hearing. The Planning Commission, sitting as the Board of Appeals and Adjustments, shall hold a public hearing on the appeal in accordance with the requirements of this Section. After the close of the hearing, the Planning Commission shall render its findings. Zoning Amendments Right of Application. Amendments to the text of this Ordinance or to the district boundaries on the official zoning map may be initiated by the City Council, the Planning Commission, or by application of any person with a legal interest in the affected property. Application for Amendment: An application for an amendment to change the district boundaries on the official zoning map or the text of this Ordinance shall be filed with the Zoning Administrator on the approved form and shall be accompanied by a map or plat showing the lands proposed to be changed, a concept development plan and any other information determined by the Zoning Administrator to be necessary. Public Hearing. The Planning Commission shall hold a public heating on the complete application for a zoning amendment and all amendments initiated by the City Council or Planning Commission in accordance with the requirements of this Section. After the close of the hearing, the Planning Commission shall make findings and submit its recommendation to the City Council. City Council Action. The City Council shall make the final decision regarding an application for a zoning amendment. Amendments of this Ordinance or the district boundaries on the official zoning map shall require a four fifths (4/5) majority vote of the City Council. Required Findings. The City Council shall make each of the following findings before granting approval of a request to amend this Ordinance or to change the district boundaries on the official zoning map: city of Columbia Heights Zoning and Development Ordinance - Section 4 Page 4-6 The amendment is consistent with the Comprehensive Plan. The amendment is in the public interest and is not solely for the benefit of a single property owner. Where the amendment is to change the zoning classification of a particular property, the existing use of the property and the zoning classification of property within the general area of the property in question are compatible with the proposed zoning classification. Where the amendment is to change the zoning classification of a particular property, there has been a change in the character or trend of development in the general area of the property in question, which has taken place since such property was placed in its current zoning classification. 9.407 (1) (2) (3) (4) (5) (6) Variances Purpose. The purpose of a variance is to provide a means of departure from the literal provisions of this Ordinance where strict adherence would cause undue hardship because of circumstances unique to the property. It is not the intent of this section to allow a variance for a use that is not permitted within a particular zoning district. Right of Application. Any person with a legal interest in the property may file an application for one or mom variances. Application for Variance. An application for a variance shall be filed with the Zoning Administrator on the approved form and shall be accompanied by a site plan and any other information determined by the Zoning Administrator to be necessary. Public Hearing. The Planning Commission, sitting as the Board of Appeals and Adjustments, shall hold a public heating on the complete application for a variance in accordance with the requirements of this Section. After the close of the heating, the Planning Commission shall make findings and submit its recommendation to the City Council. City Council Action. The City Council shall make the final decision regarding an application for a variance from the provisions of this Ordinance. Approval of a variance shall require a simple majority vote of the City Council. Required Findings. The City Council shall make each of the following findings before granting a variance from the provisions of this Ordinance: city of Columbia Heights Zoning and Development Ordinance - Section 4 Page 4-7 (7) Because of the particular physical surroundings, or the shape, configuration, topography, or other conditions of the specific parcel of land involved, where strict adherence to the provisions of this Ordinance would cause undue hardship. The conditions upon which the variance is based are unique to the specific parcel of land involved and are generally not applicable to other properties within the same zoning classification. The difficulty or hardship is caused by the provisions of this Ordinance and has not been created by any person currently having a legal interest in the property. The granting of the variance is in harmony with the general purpose and intent of the Comprehensive Plan. The granting of the variance will not be materially detrimental to the public welfare or materially injurious to the enjoyment, use, development or value of property or improvements in the vicinity. Conditions of Approval. The City Council may establish any reasonable conditions of approval that are deemed necessary to mitigate adverse impacts directly associated with granting of the variance and to protect neighboring properties. 9.408 Conditional Use Permits. (1) Purpose. The conditional use permit process is intended as a means of reviewing uses which, because of their unique characteristics, cannot be permitted as a right in a specific zoning district, but may be allowed upon demonstration that such use meets identified standards established in this Ordinance. A conditional use permit is granted for a specific use of a specific property, and may be transferred to subsequent owners as long as the conditions agreed upon are observed. (2) Right of Application. Any person with a legal interest in the property may file an application for a conditional use permit, provided said conditional use is identified as a conditional use within the zoning district in which the property is located. (3) Application for Conditional Use Permit. An application for a conditional use shall be filed with the Zoning Administrator on the approved form and shall be accompanied by a site plan, a detailed written description of the proposed use and any other information determined by the Zoning Administrator to be necessary. (4) Public Hearing. The Planning Commission shall hold a public hearing on the complete application for a conditional use permit in accordance with the requirements of this Section. After the close of the hearing, the Planning city of Columbia Heights Zoning and Development Ordinance - Section 4 Page 4-8 (5) (6) (7) (8) Commission shall make findings and submit its recommendation to the City Council. City Council Action. The City Council shall make the final decision regarding an application for a conditional use permit. Approval of a conditional use permit shall require a simple majority vote of the City Council. Required Findings. The City Council shall make each of the following findings before granting a conditional use permit: The use is one of the conditional uses listed for the zoning district in which the property is located, or is a substantially similar use as determined by the Zoning Administrator. The use is in harmony with the general purpose and intent of the Comprehensive Plan. The use will not impose hazards or disturbing influences on neighboring properties. The use will not substantially diminish the use of property in the immediate vicinity. The use will be designed, constructed, operated and maintained in a manner that is compatible with the appearance of the existing or intended character of the surrounding area. The use and property upon which the use is located are adequately served by essential public facilities and services. Adequate measures have been or will be taken to minimize traffic congestion on the public streets and to provide for appropriate on-site circulation of traffic. The use will not cause a negative cumulative effect, when considered in conjunction with the cumulative effect of other uses in the immediate vicinity. The use complies with all other applicable regulations for the district in which it is located. Conditions of Approval The City Council may establish any reasonable conditions of approval that are deemed necessary to mitigate adverse impacts associated with the conditional use, to protect neighboring properties, and to achieve the objectives of this Ordinance. Revocation: Failure to comply with any condition set forth as part of a conditional use permit shall be a violation of this Ordinance and is subject to the city of Columbia Heights Zoning and Development Ordinance - Section 4 Page 4-9 enforcement process identified in this section. Continued non-compliance shall be grounds for revocation of the conditional use permit, as determined by the City Council following a public hearing on the issue. (9) Discontinuance. When a conditional use has been established and is discontinued for any reason for a period of one year or longer, or where a conditional use has been changed to a permitted use or any other conditional use, the conditional use permitted shall be considered abandoned. 9.409 Vacations. Purpose. The vacation process allows for the vacation of public streets, alleys or other public rights-of-way when it is demonstrated that the public reservation of the land no longer serves a clearly identified public purpose. Right of Application. Any person or persons who own property adjoining both sides of the street, alley or other public right-of-way to be vacated may file an application for vacation. In the event that the person or persons making the request do not own all of the adjoining parcels, the application shall be accompanied by affidavits from all such property owners indicating their consent. Application for Vacation. An application for the vacation of a street, alley or other public right-of-way shall be filed with the Zoning Administrator on the approved form and shall be accompanied by a legal description, a survey depicting the area to be vacated, a list of all property owners with land adjacent to the area to be vacated, and any other information determined by the Zoning Administrator to be necessary. Public Hearing. The Planning Commission shall hold a public hearing on the completed application for the vacation of a street, alley or other public right-of- way in accordance with the requirements of this Section. After the close of the hearing, the Planning Commission shall make findings and submit its recommendation to the City Council. City Council Action. The City Council shall make the final decision regarding an application for the vacation of a street, alley or other public right-of-way. Approval of the vacation shall require a four-fifths (4/5) majority vote of the City Council. Required Findings. The City Council shall make each of the following findings before vacating a street, alley or other public right-of-way: 1. No private rights will be injured or endangered as a result of the vacation. 2. The public will not suffer loss or inconvenience as a result of the vacation. 9.410 Minor Subdivisions (Lot Splits). City of Columbia Heights Zoning and Development Ordinance - Section 4 Page 4-10 (1) (2) (3) (4) (5) (6) Purpose. The purpose of this process is to provide for approval of subdivisions that meet specific criteria and for the waiver of standard platting requirements specified elsewhere in this Ordinance. It is intended to facilitate the further division of previously platted lots, the combination of previously platted lots into fewer lots, or for the adjustment of an existing lot line by relocation of a common boundary. Right of Application. Any person having a legal interest in the property may file an application for a minor subdivision. For an adjustment of an existing lot line, the application shall be accompanied by affidavits from all affected property owners indicating their consent. Application for Minor Subdivision. An application for a minor subdivision shall be filed with the Zoning Administrator on the approved form and shall be accompanied by an accurate boundary survey and legal description of the original parcel, a survey and legal description of the resulting parcels, and any other information determined by the Zoning Administrator to be necessary. PubNc Hearing. The Planning Commission shall hold a public hearing on the completed application for a minor subdivision in accordance with the requirements of this Section. After the close of the hearing, the Planning Commission shall make fmdings and submit its recommendation to the City Council. City Council Action. The City Council shall make the final decision regarding the application for a minor subdivision. Approval of a minor subdivision shall require a simple majority vote of the City Council. Required Findings. The City Council shall make each of the following findings before approving a minor subdivision: 1. The proposed subdivision of land will not result in more than three lots. The proposed subdivision of land does not involve the vacation of existing easements. All lots to be created by the proposed subdivision conform to lot area and width requirements established for the zoning district in which the property is located. The proposed subdivision does not require the dedication of public rights- of-way for the purpose of gaining access to the property. The property has not previously been divided through the minor subdivision provisions of this Ordinance. city of Columbia Heights Zoning and Development Ordinance - Section 4 Page 4-11 (7) 6. The proposed subdivision does not hinder the conveyance of land. The proposed subdivision does not hinder the making of assessments or the keeping of records related to assessments. The proposed subdivision meets all of the design standards specified in the Section 14 (Subdivision Regulations). Conditions of Approval. The City Council may establish any reasonable conditions of approval that are deemed necessary to protect the public interest and ensure compliance with the provisions of this Ordinance, including, but not limited to, the following: The applicant shall provide required utility and drainage easements for all newly created lots and be responsible for the cost of filing and recording written easements with the Anoka County Recorder's Office. The applicant shall pay parkland dedication fees for each lot created beyond the original number of lots existing prior to subdivision, except when such fees have been applied to the property as part of a previous subdivision. Recording of Minor Subdivision. Upon approval of a minor subdivision, the applicant shall be responsible for filing the subdivision survey with the Anoka County Recorder's Office. Any minor subdivision approved under this Section shall become invalid if the minor subdivision is not filed with the Anoka County. Recorder within one (1) year of the date of the City Council action. 9.411 Preliminary Plats. (1) Purpose. A preliminary plat is a drawing intended to illustrate the proposed subdivision of land within the City. Preliminary plat approval is required for all subdivisions of land not specifically exempted in this Ordinance. Approval of a preliminary plat is authorization to proceed with the final plat and does not constitute approval of the subdivision. (2) Right of Application. Any person having a legal interest in the property may file an application for a preliminary plat. (3) Application for Preliminary Plat. An application for a preliminary plat shall be filed with the Zoning Administrator on the approved form and shall be accompanied by an accurate boundary survey and legal description of the original parcel, five copies of the preliminary plat, and any other information determined by the Zoning Administrator to be necessary. City of Columbia Heights Zoning and Development Ordinance - Section 4 Page 4-12 (4) (5) (6) 9.412 (1) Public Hearing. The Planning Commission shall hold a public heating on the completed application for a preliminary plat in accordance with the requirements of this Section. After the close of the heating, the Planning Commission shall make findings and submit its recommendation to the City Council. City Council Action. The City Council shall make the final decision regarding an application for a preliminary plat. Approval of a preliminary plat shall require a simple majority vote of the City Council. Required Findings. The City Council shall make each of the following findings before approving a preliminary plat: The proposed preliminary plat conforms with the requirements of Section 14 of this Ordinance. 2. The proposed subdivision is consistent with the Comprehensive Plan. The proposed subdivision contains parcel and land subdivision layout that is consistent with good planning and site engineering design principles. Expiration of Preliminary Plat. An approved preliminary plat shall be valid for a period of one year from the date of City Council approval. In the event that a final plat is not submitted within this time period, the preliminary plat will become void. Final Plats. Purpose. A final plat is a drawing representing the proposed subdivision of land within the City and serves as the document for recording purposes, as required by the Anoka County Recorder's Office. Right of Application. Any person having a legal interest in the property may file an application for a final plat. A preliminary plat for the property must have been approved within the past year for a final plat application to be accepted by the City. Application for Final Plat. An application for a final plat shall be filed with the Zoning Administrator on the approved form and shall be accompanied by five copies of the final plat and any other information determined by the Zoning Administrator to be necessary. Public Hearing. The Planning Commission shall hold a public heating on the complete application for a final plat in accordance with the requirements of this Section. Atier the close of the heating, the Planning Commission shall make findings and submit its recommendation to the City Council. city of Columbia Heights Zoning and Development Ordinance - Section 4 Page 4-13 (7) 9.413 1) City Council Action. The City Council shall make the final decision regarding an application for a final plat. Approval of a final plat shall require a simple majority vote of the City Council. Required Findings. The City Council shall make each of the following findings before approving a final plat: 1. The final plat substantially conforms to the approved preliminary plat. 2. The final plat conforms with the requirements of Section 14 of this Ordinance. Recording of Final Plats. Upon approval of a final plat, the applicant shall be responsible for filing and recording the final plat with the Anoka County Recorder's Office within one year of the date of City Council action. In the event that a final plat is not recorded within this time period, the final plat will become void. Site Plan Review. Purpose. The purpose of the site plan review process is to promote the efficient use of land and visual enhancement of the community, ensure that newly developed and redeveloped properties are compatible with adjacent development, and that traffic conflicts, public safety and environmental impacts are minimized to the greatest extent possible. Site Plan Review Required. All site development plans for new development, or additions to existing structures other than one and two family residences, shall be reviewed and approved by the Planning and Zoning Commission and Development Review Committee prior to the issuance of a building permit. Required Information. An application for site plan review shall be filed with the Zoning Administrator on the approved form and shall be accompanied by a vicinity map; an accurately scaled site plan showing the location of proposed and existing buildings, existing and proposed topography, vehicular access and parking areas, landscaping, and other site features; elevation views of all proposed buildings and structures; and any other information determined by the Zoning Administrator to be necessary. Required Findings. The Development Review Committee shall conduct the administrative review of all site plan approval requests. All findings and decisions of the Committee shall be forwarded to the Planning and Zoning Conunission for final decision, unless the Zoning Administrator determines that Development Review Committee approval of site plan is sufficient. The Planning and Zoning Commission shall make each of the following findings before approving a site plan: city of Columbia Heights Zoning and Development Ordinance - Section 4 Page 4-14 a) b) c) d) The site plan conforms to all applicable requirements of this Ordinance. The site plan is consistent with the applicable provisions of the City's Comprehensive Plan. The site plan is consistent with any applicable area plan. The site plan minimizes any adverse impacts on property in the immediate vicinity and the public fight-of-way. Conditions of Site Plan Approval The Development Review Committee and the Planning and Zoning Commission may impose conditions of approval on any site plan and require guarantees deemed necessary to ensure compliance with the requirements of this Section. Changes to Approved Site Plan. An approved site plan may not be changed or modified without the approval of the City Zoning Administrator. If the proposed change is determined by the Zoning Administrator to be minor in nature, a revised site plan may not be required. In all other cases, a revised site plan shall be submitted for review and approval in accordance with this Section. Expiration of Site Plan Approval. The approval of a site plan by the Planning and Zoning Commission shall be valid for a period of one year. 9.414 (1) (2) (3) Other Development Approvals and Permits. Building Permits. Building permits are required in accordance with the adopted building code. No building permit shall be issued unless the proposed construction or use is in conformance with the requirements of this Ordinance and all necessary zoning approvals have been granted. Sign Permits. All signs displayed within the City are required to obtain a Sign Permit from the Zoning Administrator in accordance with Section 6 of this Ordinance, unless herein excluded. Site Plan Approval. All site development plans for development, other than one and two family residences, shall be reviewed and approved by the Development Review Committee prior to the issuance of a building permit. 9.415 (1) Enforcement Complaints. The Zoning Administrator shall have the authority to investigate any complaint alleging a violation of this Ordinance or the conditions of any zoning or plat approval, and take such action as is warranted in accordance with the provisions set forth in this Ordinance. (2) Procedure. City of Columbia Heights Zoning and Development Ordinance - Section 4 Page 4-15 (3) (a) Notice of Violation. The Zoning Administrator shall provide a written notice to the property owner or to any person responsible for such violation, identifying the property in question, indicating the nature of the violation, and ordering the action necessary to remedy the violation, including a reasonable time period for action. Additional written notices may be provided at the Zoning Administrator's discretion. Enforcement without Notice. Whenever the Zoning Administrator finds that an emergency exists in relation to the enforcement of the provisions of this Ordinance, which requires immediate action to protect the health, safety or welfare of the occupants of any structure, or the public, the Zoning Administrator may seek immediate enforcement without prior written notice. Violation and Penalties. Any person, firm or corporation violation any of the provisions of this Ordinance or any amendments thereto is guilty of a misdemeanor. Each day that a violation is permitted to exist shall constitute a separate offense. city of Columbia Heights Zoning and Development Ordinance - Section 4 Page 4-16 CHAPTER 9: SECTION 5: LAND USE AND DEVELOPMENT NON-CONFORMITIES 9.501 ([) (2) (3) General Provisions. Purpose. This Section regulates and limits the continued existence of uses, structures, lots and signs that were lawfully established prior to the effective date of this Ordinance hut do not conform to the regulations set forth in this Ordinance. The zoning districts established in this Ordinance are designed to guide the future use of land within the City by encouraging the development and maintenance of desirable residential, commercial, industrial and public uses in specific locations throughout the City. The continued existence of non-conformities is inconsistent with the purposes for which the zoning districts are established and the gradual elimination of non-conformities is generally desirable. Continuation of Non-conformities. Legal non-conformities shall be allowed to continue as long as they remain otherwise lawful, subject to the provisions of this Section. Non-conformities that were not lawfully in existence on the effective date of this Ordinance shall be prohibited. Nothing contained in this Section shall be construed to permit a violation of any provision of the Columbia Heights City Code or the continuation of any unsafe or unsanitary condition. Change of Ownership. A change in tenancy, management or ownership of a non- conformity shall be allowed, provided there is no change in the nature or character of the non-conformity, except as otherwise provided by this Section. 9.502 (1) (2) (3) Non-conforming Uses. Non-conformity Established. Any use of land that is not identified as a permitted, provisional or conditional use within the zoning district in which the property is located shall be deemed a non-conforming use of land. Right to Continue. A legal non-conforming use of land may be continued as it existed on the effective date of this Ordinance, except as provided for herein. Expansion Prohibited A non-conforming use of land shall not be enlarged, increased, expanded or changed in any manner or dimension except to comply with the provisions of this Ordinance. city of Columbia Heights Zoning and Development Ordinance - Section 5 Page 5-1 (4) (9) (10) Intensification Prohibited. A non-conforming use of land shall not be intensified in character or operation, including, but not limited to, increased hours of operation and the expansion of the use to a portion of the property not previously used. Repair and Maintenance. Minor repairs and routine maintenance of a structure containing or related to a non-conforming use of land that are necessary to keep the structure in a sound and safe condition are permitted. Discontinuation of Use. A non-conforming use of land that has been discontinued for a period of six (6) months shall not be re-established. Change of Use. A non-conforming use of land that has been changed to a conforming use shall not thereafter be changed back to any non-conforming use. A change in the use of land fi.om one non-conforming use to another non- conforming use is prohibited. Reduction of Non-conformity. A non-conforming use that is reduced in size, intensity or otherwise becomes more conforming may not again be expanded or become less conforming. Removal of a structure, relocation of the use, and reduction or elimination of any site element ~ such as outdoor storage) is deemed a reduction in intensity. Damaged or Destroyed. A structure contmning or relating to a non-conforming use of land that is damaged or destroyed by fire or natural causes, to the extent that the cost of repair is more than 50 percent of the assessed value, shall not be restored unless to a conforming use. However, any principal residential structure located in a LB (Limited Business District) which falls within the 'Town Square Concept' of the Columbia Heights Downtown Master Plan, and is damaged or destroyed by fire or natural causes over 50 % of the assessed value, the dwelling may be reconstructed in the same footprint as the original structure, but may not be expanded in size. Uses in Floodway District. Nonconforming uses located in the Floodway District shall be eliminated or brought into conformity with the standards contained in this Ordinance within a reasonable period of time as determined by the City Council, after a heating for each such nonconforming use. The Board shall make its determination upon the basis of the normal useful life of any improvement upon the premises. In addition, the monetary value of any competitive advantage derived by the operation of such nonconforming use, by reason of the limitation on establishment of competing businesses as a result of this Ordinance, shall be considered as a reduction of losses resulting from the requirement of termination of the use under this Ordinance. 9.503 Non-conforming Structures. City of Columbia Heights Zoning and Development Ordinance - Section 5 Page 5-2 (1) (2) (4) Non-conformity Established. Any building or structure that does not conform to the setback, dimensional or density standards of the zoning district in which the property is located shall be deemed a non-conforming structure. Right to Continue. A legal non-conforming structure may be continued as it existed on the effective date of this Ordinance, except as provided for herein. Expansion Prohibited. A non-conforming accessory building shall not be enlarged, altered or expanded in any manner or dimension. A non-conforming principal structure shall not be enlarged, altered or expanded in any manner or dimension, unless the alteration or expansion: 1) does not increase the degree of non-conformity; 2) does not further infringe upon established setbacks or building restrictions; 3) does not exceed 50 percent of the assessed value of the structure over the life of the structure at the time it became nonconforming; and 4) would substantially reduce potential flood damages for the entire structure. Repair and Maintenance. Minor repairs and routine maintenance necessary to keep a non-conforming structure in a sound and safe condition are permitted. Damaged or Destroyed. A non-conforming structure that is damaged or destroyed by fire or natural causes, to the extent that the cost of repair is more than 50 percent of the assessed value, shall not be restored unless it is brought into conformance. However, any principal residential structure located in a LB (Limited Business District), which falls within the 'Town Square Concept' of the Columbia Heights Downtown Master Plan, and is damaged or destroyed by fire or natural causes over 50 % of the assessed value, the dwelling may be reconstructed in the same footprint as the original structure, but may not be expanded in size. Increased Livability. Alterations may be made to a building containing non- conforming residential units when the alteration will improve the livability thereof, provided it will not increase the number of dwelling units nor the outside dimensions of the building. 9.504 (1) (2) Non-conforming Lots. Non-conformity Established. A lot of record that does not conform to the width, depth, lot area or frontage requirements of the zoning district in which the property is located is deemed a non-conforming lot. Combination of Lots Required. If two or more non-conforming lots are contiguous and under common ownership on the effective date of this Ordinance, such lots shall be combined for the purposes of development in order to satisfy the requirements of this Ordinance. City of Columbia Heights Zoning and Development Ordinance - Section 5 Page 5-3 (3) (4) 9.505 (0 Lot Developable. A non-conforming lot that can be used in conformity with all of the regulations applicable to the intended use, except that the lot is smaller that the minimum required in the applicable zoning district, can be used as proposed just as if it were conforming. Variance Required. Development of a non-conforming lot that will be conforming with all applicable regulations, except for applicable setback requirements, shall require a variance in accordance with the provisions found in Section 4 of this Ordinance. Non-conforming Signs. Non-conformity Established. A sign that was installed prior to July 13, 1981, and does not conform to the requirements of Section 6 of this Ordinance is deemed a non-conforming sign. Right to Continue. A legal non-conforming sign may be continued as it existed on the effective date of this Ordinance, except as provided for herein. Expansion Prohibited. A non-conforming sign shall not be enlarged, reconstructed or altered in any manner or dimension except to comply with the provisions of this Ordinance. Repair and Maintenance. Minor repairs and routine maintenance of a non- conforming sign that are necessary to keep the structure in a sound and safe condition are permitted. If the non-conforming sign requires significant repairs or replacement, the Zoning Administrator may require its removal. Discontinuation of Use. A non-conforming sign that has not been used for a period of six (6) months shall be removed from the property. Damaged or Destroyed. A non-conforming sign that is damaged or destroyed by any cause or means, to the extent that the cost of repair is more than 50 percent of the assessed market value, shall not be restored unless to a conforming sign. city of Columbia Heights Zoning and Development Ordinance - Section 5 Page 5-4 CHAPTER 9: SECTION 6: LAND USE AND DEVELOPMENT GENERAL DEVELOPMENT STANDARDS 9. 601 1) 2) General Provisions Purpose. The purpose of this Section is to establish regulations of general applicability to property throughout the City, to promote the orderly development and use of land, to minimize conflicts between uses of land, and to protect the public health, safety and welfare. Applicability. The regulations set forth in this Section shall apply to all structures and uses of land, except as otherwise provided in this Ordinance. 9.602 Lot Controls Purpose. Lot controls are established to provide for the orderly development and use of land, and to provide for adequate light, air, open space and separation of USES. Use of Lots. All lots shall be used in a manner consistent with the requirements of the zoning district in which the property is located. No part of any existing lot shall be used as a separate lot or for the use of another lot, except as otherwise provided in this Ordinance. 3) Lot Divisions. No lot shall be divided into two or more lots unless all lots resulting fi.om such division conform to all applicable regulations of this Ordinance. 4) Lots of Record. A lot of record shall be deemed a buildable lot provided it has fi.ontage on a public right-of-way and meets the setback and area requirements for the district in which it is located, or adjusted to conform as follows: A lot or lot of record upon the effective date of this Ordinance which is in a Residential District and which does not meet the requirements of this Ordinance as to area or width, may be utilized for single family detached dwelling purposes provided the measurements of such lot meets 100 percent of the front yard, side yard and rear yard setback requirements for the district in which it is located and sixty (60) pement of the minimum lot area or lot width requirements for the district in which it is located. 5) Principal Buildings in Residential Districts. There shall be no more than one (1) principal building on a lot in any Residential District, unless otherwise provided for through a mixed use planned development. City of Columbia Heights Zoning and Development Ordinance - Section 6 Page 6-1 6) 10) PrincipalBuildings in Non-residentialDistricts. There may be more than one (1) principal building on a lot in Non-residential Districts, provided each building meets all of the requirements, including setbacks, of the district in which it is located. Required Yards. Yard requirements shall be as specified for the zoning district in which the lot is located. No yard or other open space shall be reduced in area or dimension so as to make such yard or other open space less than the minimum required by this Ordinance. If the existing yard or other open space is less than the minimum required, it shall not be further reduced. In addition, no required yard or other open space allocated to a building or dwelling group shall be used to satisfy yard, open space, or minimum lot area requirements for any other structure or lot. Setback Exception in Residential Districts. In any Residential District where the average depth of the front yard for buildings within two hundred (200) feet of the lot in question and within the same block front is lesser or greater than that required by Ordinance, the required fi'ont yard for the lot in question shall be the average plus or minus ten (10) percent of the depth; however, the depth of the required front yard shall not be less than ten (10)feet nor more than fifty (50) feet. Corner Lots. For comer lots, the shorter lot line abutting a public street shall be deemed the fi'ont lot line for purposes of this Ordinance, and the longer lot line abutting a public street shall be deemed a side lot line. Through Lots. For through lots, both lot lines that abut a public street or other right-of-way shall be deemed front lot lines for purposes of this Ordinance, and the required front yard shall be provided along each front lot line. Yard Encroachments. The following uses shall not be considered as encroachments into required yards, provided they are not located closer than one (1) foot to the property line, except for fences: Cornices, canopies, awnings, eaves, bay windows and other ornamental features, provided they do not extend more than three (3) feet into the required yard. b) Chimneys, air conditioning units, fire escapes, uncovered stairs, ramps and necessary landings, provided they do not extend more than four (4) feet into the required yard. c) Fences constructed and maintained in accordance with the applicable provisions of this Ordinance. City of Columbia Heights Zoning and Development Ordinance - Section 6 Page 6-2 d) Driveways and parking areas constructed and maintained in accordance with the applicable provisions of this Ordinance. e) Accessory buildings constructed and maintained in accordance with the applicable provisions of this Ordinance. f) Mechanical equipment constructed and maintained in accordance with the applicable provisions of this Ordinance. g) Signs constructed and maintained in accordance with the applicable provisions of this Ordinance. h) Private swimming pools, tennis courts, basketball courts or other private recreational facilities constructed and maintained in accordance with the applicable provisions of this Ordinance. Traffic Visibility. No planting, structure or other obstruction shall be placed or allowed to grow on comer lots in a manner that will impede vision on the intersecting rights-of-way, in accordance with the following sight triangles: Street Intersections. No planting or structure in excess of thirty (30) inches above the abutting curb line shall be permitted within the sight triangle, defined as the area beginning at the intersection of the projected curb line of two intersecting streets, then thirty (30) feet along one curb line, diagonally to a point thirty (30) feet from the point of beginning on the other curb line, then back to a point of beginning. b) Street and Alley Intersections. No planting or structure in excess of thirty (30) inches above the abutting curb line shall be permitted within the sight triangle, defined as the area beginning at the point of intersection of the projected curb line and the alley right-of-way, then thirty (30) feet along the street curb line, diagonally to a point fifteen (15) feet from the point of beginning along said alley right-of-way or projection of the alley right-of-way, then back to the point of beginning. c) Alley and Alley Intersections. No planting or structure in excess of thirty (30) inches above the nearest edge of the traveled right-of-way shall be permitted within the sight triangle, defined as the area beginning at the point of intersection of the two alley right-of-way lines, then fifteen (15) feet along one alley right-of-way line, then diagonally to a point fifteen (15) feet from the point of beginning along the second alley right-of-way line, then back to the point of beginning. Any structures existing within this sight triangle shall be deemed non-conforming structures in accordance with the provisions of Section 5 of this Ordinance. City of Columbia Heights Zoning and Development Ordinance - Section 6 Page 6-3 Is) 9.603 1) Height Limitations. The building and structure height limitations established for each zoning district shall apply to all buildings and structures, except that such height limitations may be increased by fifty (50) percent when applied to the following: a) b) c) d) e) t) g) h) i) Church spires, steeples or belfries. Chimneys or flues. Cupolas and domes which do not contain usable space Towers, poles or other structures for essential services. Flag poles. Mechanical or electrical equipment, provided said equipment does not occupy more than twenty-five (25) percent of the roof area. Television and ham radio antennas. Monuments. Telecommunication towers constructed in accordance with the provisions of Columbia Heights Tower Siting Ordinance # 1424. Accessory Uses and Structures Accessory Structures, Residential Uses. The following standards shall regulate the construction and maintenance of residential accessory structures: Each residentially zoned parcel shall be allowed two (2) detached accessory structures and one storage shed. b) No accessory structure shall be constructed or located within any front yard. c) Accessory structures for one and two family dwellings shall be set back a minimum of three (3) feet fi'om the side lot line, and a minimum of five (5) feet from the rear lot line, a minimum of five (5) feet from any other building or structure on the same lot, and behind the principal structure building line in the front yard. An accessory structure shall be considered an integral part of the principal structure if it is connected to the principal building by a covered passageway. e) An accessory structure, or any combination of accessory structures, storage sheds and attached garages, shall not exceed one thousand (1,000) square feet in area. f) The height of an accessory structure shall not exceed the height of the principal structure or eighteen (18) feet in height, as measured to the highest point, whichever is less. City of Columbia Heights Zoning and Development Ordinance - Section 6 Page 6-4 g) The wall height of an accessory structure shall not exceed nine (9) feet in height. Where the natural grade of the lot is ten (10) feet or more above or below the established curb level at the front building setback and access fi'om an alley is not available, an accessory structure for the storage of not more than two (2) automobiles may be constructed within any yard, provided that at least one-half of the height is below grade level and the accessory structure is set back a minimum of twenty (20) feet from any right-of-way. i) The exterior color and design of an accessory structure shall be similar to the principal structure. Corrugated metal siding and roofs shall be prohibited. J) The building coverage on each residential lot, including principal and accessory structures, shall not exceed thirty-five (35) percent for lots of 6,500 square feet or less or thirty (30) percent for lots with more than 6,500 square feet in area. k) Whenever a garage is so designed that the vehicle entry door(s) are facing a street or alley, the distance between the door(s) and the lot line shall be no less than twenty (20) feet for lots greater than 6,500 square feet, and shall be no less than fifteen (15) feet for lots 6,500 square feet or less. 1) Accessory structures for multiple family dwellings shall be placed in the rear yard and shall be subject to the same height and exterior finish regulations as the principal structure for the district in which it is located, in addition to the requirements of this Section. Any accessory structure capable of storing one (1) or more motorized vehicle shall be provided with a hard-surfaced access driveway, no less than twelve (12) feet in width, to an adjacent public street or alley, and shall be no less than 20 X 20 in size. Accessory buildings shall not be located within any utility or drainage easement. o) All accessory buildings over 120 square feet in area shall require a building permit from the City. 2) Accessory Structures, Non-residential Uses. The following standards shall regulate the construction and maintenance of non-residential accessory structures: All accessory structures shall be subject to the same setback, height and exterior finish regulations as a principal structure for the district in which it is located. City of Columbia Heights Zoning and Development Ordinance - Section 6 Page 6-5 b) The height of an accessory structure shall not exceed the height of the principal structure. c) All multiple story and accessory structures over 120 square feet in area shall require a building permit from the City. 3) Home occupations. Home occupations are allowed in Residential districts, subject to the following standards: The home occupation shall be clearly incidental and subordinate to the residential use of the property. Exterior alterations or modifications that change 'the residential character or appearance of the dwelling, any accessory building or the property itself shall not be allowed. b) Only persons residing on the premises and no more than one (1) non- resident employee shall be engaged in the conduct of the home occupation on the premises at any given time. c) There shall be no outside storage of products, materials or equipment used in conjunction with the home occupation. d) The home occupation must be conducted within the principal residential structure and/or up to thirty (30) percent of the floor area of an accessory building or attached garage. e) The required off-street parking for the residential use shall not be reduced or made unusable by the home occupation. The home occupation shall not generate excessive traffic or parking that is detrimental to the character of the neighborhood. g) Shipment and delivery of products, merchandise or supplies shall be by single rear axle straight trucks or similar delivery trucks normally used to serve residential neighborhoods. There shall be no indications of offensive noise, odor, smoke, heat, glare, vibration, or electrical interference at or beyond the property line of the home occupation. i) Signage for the home occupation shall be limited to one (1) non- illuminated sign, not exceeding two (2) square feet in area and attached to the wall of the residential dwelling. J) The home occupation shall meet all applicable fire and building codes, as well as any other applicable City, State or Federal regulations. city of Columbia Heights Zoning and Development Ordinance - Section 6 Page 6-6 s) k) The following home activities shall be prohibited as home occupations: i) ii) iii) iv) v) The operation of any wholesale or retail business unless it is conducted entirely by mail and does not involve the sale, shipment or delivery of memhandise on the premises. The sale of products incidental to the delivery of a service is allowed. Any manufacturing, welding, machine shop or similar use. Motor vehicle repair, either major or minor. The sale, lease, trade or transfer of firearms or munition. Headquarters or dispatch centers where persons come to the site and are dispatched to other locations. 1) All home occupations shall be subject to a one-time registration with the City, on a form as required by the Zoning Administrator and with a fee as determined by the City Council. Private swimming pools and courts. All private swimming pools, tennis courts, ball courts and other private recreational facilities are subject to the following standards: a) The facility is not operated as a business or private club. b) The facility is not located within any required front or side yard. c) The facility is set back at least five (5) feet from any property line, including any walks, paved areas or related structures or equipment. d) For swimming pools, the pool itself, the rear yard, or the entire property shall be enclosed by a non-climbable wall, fence or combination thereof at least six (6) feet in height, with a self-closing gate capable of being secured with a lock so as to prevent uncontrolled access by children. If the only access is through a principal or accessory structure, such point of access shall be lockable. In the case of aboveground pools, pool sides that are vertical may contribute to the required fencing, provided all points of access are controlled to prevent access by children, including the removal of all ladders or stairs whenever the pool is not in use. e) For in-ground swimming pools, the pool is set back at least six (6) feet from the principal structure or any frost footing. f) Lighting shall be so oriented so as not to cast light on adjacent properties. g) The facility shall not be located within any drainage or utility easement. City of Columbia Heights Zoning and Development Ordinance - Section 6 Page 6-7 6) 7) 9.604 l) 2) h) i) Any accessory mechanical apparatus shall be located at least thirty (30) feet fi.om any residential structure on an adjacent lot. All swimming pools containing more than three thousand (3,000) gallons or with a depth in excess of forty-two (42) inches (3.5 feet) shall require a building permit from the City. Trash Handling Equipment. For all uses other than one and two family dwellings, trash and/or recycling collection areas shall be enclosed on at least three sides by an opaque screening wall or fence no less than six (6) feet in height. The open side of the enclosure shall not face any public street or the front yard of any adjacent property. Mechanical Equipment. Mechanical equipment, other than that accessory to one and two family dwellings, shall be placed and/or screened so as to minimize the visual impact on adjacent properties and fi.om public streets. Screening may be accomplished through the use of walls or other design features that are architecturally compatible with the principal structure, screening vegetation, integrated parapet walls of sufficient height, or other means as approved by the Zoning Administrator. Dwellings. General Requirements. The following standards shall apply to all dwelling units within the City: All single family dwelling units shall be a minimum of twenty (20) feet wide at the narrowest point. b) No accessory building or recreational vehicle shall be used at any time as a dwelling unit. c) No basement dwelling (basements without upper floors) shall be used at any time as a dwelling unit. No more than three (3) unrelated adults shall be tenants in any single dwelling unit. Floor Area Requirements. The following floor area requirements shall apply to all dwelling units within the City: One-story dwellings shall have a minimum floor area of 1,020 square feet, plus 120 square feet for each additional bedroom over three. The floor area may be reduced to 960 square feet if the lot size is 6,500 square feet or less. city of Columbia Heights Zoning and Development Ordinance - Section 6 Page 6-8 b) c) d) e) 0 g) h) i) One and one-half and two story dwellings shall have a minimum floor area of 960 square feet on the main floor, plus 120 square feet for each additional bedroom over two. Split-level dwellings shall have a minimum floor area of 1,020 square feet, plus 120 square feet for each additional bedroom over three. The floor area may be reduced to 960 square feet if the lot is 6,500 square feet or less. Split entry dwellings shall have a minimum floor area of 1,020 square feet, plus 120 square feet for each additional bedroom over three. The floor area may be reduced to 960 square feet if the lot is 6,500 square feet or less. Two family dwellings (duplexes) and town homes shall have a minimum floor area of 750 square feet per unit, plus 120 square feet for each additional bedroom over two. Efficiency apartments shall have a minimum floor area of 400 square feet per unit. One-bedroom apartments shall have a minimum floor area of 600 square feet per unit. Two bedroom apartments shall have a minimum floor area of 720 square feet per unit. Apartments with more than two bedrooms shall have a minimum floor area of 720 square feet per unit, plus 120 square feet for each additional bedroom over two. 9.605 1) Fences. General Requirements. The following standards shall apply to all fences. Fences may be constructed, placed or maintained in any yard or adjacent to a lot line in accordance with the requirements of this Section. b) The owner of the property upon which the fence is located shall be responsible for locating all property lines prior to constructing said fence. c) All fence posts and supporting members shall be placed within the property lines of the property on which the fence is located. City of Columbia Heights Zoning and Development Ordinance - Section 6 Page 6-9 2) 3) d) e) All fences shall be situated so that they can be maintained from within the property boundaries of the property on which they are located. All fences shall be constructed so that the finished side or more attractive side of the fence faces the adjacent property or the public right-of-way. All fences shall be constructed of durable, weather-treated and rustproofed materials. g) All fences shall be maintained and kept in good condition. h) Fence height shall be measured from the average grade to the top of the fence. In situations where a grade separation exists at the property line, the height of the fence shall be based on the measurement from the average point between the highest and lowest grade. i) Fences exceeding six (6) feet in height shall require a building permit from the City. Residential Fences. The following standards shall apply to all fences constructed in any residential zoning district or directly adjacent to any residential zoning district. a) No fence shall exceed seven (7) feet in height. Fences exceeding seven (7) feet in height shall be deemed structures. b) A fence extending across or into the required front yard setback shall not exceed forty-two (42) inches (3.5 feet) in height; however, fences that are less than 50% opaque may be up to forty-eight (48) inches (4 feet) in height. c) Fences exceeding six (6) feet in height shall require a building permit from the City. Non-Residential Fences. The following standards shall apply to all fences constructed in any commercial or industrial zoning district. a) No fence shall exceed eight (8) feet in height. Fences exceeding seven (7) feet in height shall be deemed structures. h) A fence extending across or into the required front yard setback shall not exceed four (4) feet in height; however, fences that are less than 50% opaque may be up to forty-eight (48) inches (4 feet) in height. c) A fence required to screen a commercial or industrial use from an adjacent residential use shall not exceed eight (8) feet in height or be less six (6) feet in height. In addition, said screening fence shall be no less than 80% opaque on a year round basis. City of Columbia Heights Zoning and Developmem Ordinance - Section 6 Page 6q0 9.606 2) 3) Fencing of Play Areas. For parks and playgrounds, either public or private and located adjacent to a public right-of-way or railroad right-of-way, a landscaped yard area no less than thirty (30) feet in width, or a fence no less than four (4) feet in height, shall be installed between the facility and the right-of-way. Essential Services Purpose. The purpose of this section is to provide for the installation of essential services in a manner that does not adversely affect the public health, safety or welfare. Essential Services Allowed by Permit. The following essential services, when installed in any location in the City and installed primarily for the use of City residents, shall only require a permit from the City Engineer: a) b) c) d) e) All communication lines. Underground electrical transmission lines, overhead utility lines and electrical transmission lines intended to serve properties within the City. Pipelines for distribution to individual properties within the City. Substations with less than 33 KV. Radio receivers and transmitters accessory to an essential service, when placed on an existing utility pole, tower or light standard. Essential Services Requiring Conditional Use Permit: The following essential services, when installed in any location in the City and not primarily for the use of City residents, shall require a conditional use permit in accordance with the provisions of Section 4: All overhead and underground transmission lines not required for the local distribution network. b) All transmission pipelines. c) Substations in excess of 33 KV. d) Any pole or tower used exclusively for the placement of radio receivers or transmitters accessory to an essential service. e) Any essential service of which 75 % percent of the service provided or produced is not intended to serve properties within the City. City of Columbia Heights Zoning and Development Ordinance - Section 6 Page 6-11 f) Any essential service requiring a structure that exceeds the maximum height for the zoning district in which it is located. 9.607 g) Any essential service requiring easements other than easements granted to the public. Temporary Uses and Structures. Temporary Uses and Structures Permitted. The following temporary uses and structures shall be permitted in all zoning districts unless specified otherwise, provided such use or structure complies with the regulations of the zoning district in which it is located and all other applicable provisions of this Ordinance: Garage sales. Residential garage sales shall be limited to a total of twelve (12) days of operation per calendar year at any residential location. Construction sites. Storage of building materials and equipment or temporary building for construction purposes may be located on the site under construction for the duration of the construction. c) Amusement events. Temporary amusement events, including the placement of tents for such events, may be allowed as a temporary use for a maximum of fifteen (15) days per calendar year. In residential districts, such temporary amusements shall be located on public or semi-public property only. Promotional activities. Promotional activities involving the outdoor sale or display of merchandise may be allowed as a temporary use in non- residential districts for a maximum of thirty (30) days per calendar year. e) Seasonal agricultural sales. The seasonal outdoor sale of agricultural products, including but not limited to produce, plants and Christmas trees, may be allowed as a conditional use (temporary in nature) for a maximum of 90 days per calendar year, provided such use does not utilize public right-of-way or public property for the sale or display of such items. Other temporary uses. In addition to the temporary uses and structures listed above, the Zoning Administrator may allow other temporary uses and structures for a maximum of 15 days per calendar year, provided the said use or structure is substantially similar to the uses and structures listed herein. 9.608 Performance Standards City of Columbia Heights Zoning and Development Ordinance - Section 6 Page 6-12 (2) 3) 4) 5) 6) 7) 8) 10) Purpose. These performance standards are established to minimize conflict between land uses, to preserve the use and enjoyment of property, and to protect the public health, safety and welfare. These standards shall apply to all uses of land and structures, and are in addition to any requirements applying to specific zoning districts. In General. No use or structure shall be operated or occupied so as to constitute a dangerous, injurious or noxious condition because of noise, odors, glare, hear, vibration, air emissions, electromagnetic disturbance, fire, explosion or other hazard, water or soil pollution, liquid or solid waste disposal, or any other substance or condition. No use or structure shall unreasonably interfere with the use or enjoyment of property by any person of normal sensitivities. In addition, no use or structure shall be operated or occupied in a manner not in compliance with any performance standard contained in this Ordinance or any other applicable regulation. Noise. All uses shall comply with the standards governing noise as adopted and enfomed by the Minnesota Pollution Control Agency. Odor Emissions. All uses shall comply with the standards governing the odor emissions as adopted and enforced by the Minnesota Pollution Control Agency. Vibration. Uses producing vibration shall be conducted in such a manner as to make the vibration completely impemeptible from any point along the property line. In addition, all uses shall comply with the standards governing vibrations as adopted and enfomed by the Minnesota Pollution Control Agency. Air Emissions. All uses shall comply with the standards governing air emissions as adopted and enforced by the Minnesota Pollution Control Agency. Glare and Heat. Uses producing glare or heat shall be conducted within a completely enclosed building in such a manner as to make such glare and heat completely imperceptible from any point along the property line. In addition, all uses shall comply with the standards governing glare and heat as adopted and enforced by the Minnesota Pollution Control Agency. Radiation and Electrical Emissions. All uses shall comply with the standards governing radiation and electrical emissions as adopted and enforced by the Minnesota Pollution Control Agency. Waste Material. All uses shall comply with the standards governing waste disposal as adopted and enforced by the Minnesota Pollution Control Agency. Explosive and Flammable Materials. All uses involving the manufacture, storage or use of explosive or flammable materials shall comply with all applicable City of Columbia Heights Zoning and Development Ordinance - Section 6 Page 6-13 regulations, including, but not limited to, the Minnesota Building Code and the Uniform Fire Code, and shall meet the following requirements: All uses involving the manufacture, storage or use of explosive or flammable materials shall employ best management practices and the provision of adequate safety devices to guard against the hazards of fire and explosion, and adequate fire-fighting and fire-suppression devices standard in the industry. b) The manufacture or storage of any explosive or blasting agent, as defined in the Uniform Fire Code, shall be prohibited in all districts except the 1-2, General Industrial District. c) The storage of any flammable liquid shall be subject to the requirements established by the Uniform Fire Code and shall be reviewed by the State Fire Marshal. Hazardous Materials. All uses shall comply with the standards governing hazardous waste as adopted and enforced by the Minnesota Pollution Control Agency. 9.609 Storm Water Management 9.609 (1) Purpose. The purpose of this Section is to promote, preserve and enhance the natural resources within the City and protect them fi.om adverse effects occasioned by poorly sited development or incompatible activities by regulating land alterations or development activities that would have an adverse and potentially irreversible impact on water quality and unique and fi'agile environmentally sensitive land; by minimizing conflicts and encouraging compatibility between land alterations and development activities and water quality and environmentally sensitive lands; and by requiring detailed review standards and procedures for land alterations or development activities proposed for such areas, thereby achieving a balance between urban growth and development and protection of water quality and natural areas. 9.609 (2) Definitions. For the purposes of this Section, the following terms, phrases, words, and their derivatives shall have the meaning stated below. When not inconsistent with the context, words used in the present tense include the future tense, words in the plural number include the singular number, and words in the singular number include the plural number. The word "shall" is always mandatory and not merely directive. Applicant- any person who wishes to obtain a building permit, preliminary plat approval or an excavation permit. Control Measure - a practice or combination of practices to control erosion and attendant pollution. city of Columbia Heights Zoning and Development Ordinance - Section 6 Page 6-14 Detention Facilit~ - a permanent natural or man-made structure, including wetlands, for the temporary storage of runoff which contains a permanent pool of water. Excavation Activities - any excavation or filling activity as regulated by Section 9.610 of this Code. Flood Fringe - the portion of the floodplain outside of the floodway. Floodplain - the areas adjoining a watercourse or water basin that have been or may be covered by a regional flood. Floodway - the channel of the watercourse, the bed of water basins, and those portions of the adjoining floodplain that are reasonably required to carry and discharge floodwater and provide water storage during a regional flood. Hvdric Soils - soils that are saturated, flooded, or ponded long enough during the growing season to develop anaerobic conditions in the upper part. Hydrophl, tic Vegetation - macrophytic plantlife growing in water, soil or on a substrate that is at least periodically deficient in oxygen as a result of excessive water content. LandAiteration - any change of the land surface including, but not limited to, removing vegetative cover, excavating, filling, grading, and the construction of utilities, roadways, parking areas and structures. Person - any individual, firm, corporation, parmership, franchisee, association or govemmental entity. Public Waters - waters of the state as defined in Minnesota Statutes Section 103G.005, subdivision 15. Regional Flood- a flood that is representative of large floods known to have occurred generally in the state and reasonably characteristic of what can be expected to occur on an average frequency in the magnitude ora 100-year recurrence interval. Retention Facilit~ - a permanent natural or man-made structure that provides for the storage of storm water runoff by means ora permanent pool of water. Sediment - solid matter carried by water, sewage, or other liquids. Structure - any manufactured, constructed or erected building including portable structures and earthen structures. City of Columbia Heights Zoning and Development Ordinance - Section 6 Page 6-15 Wetlands - lands transitional between terrestrial and aquatic systems where the water table is usually at or near the surface or the land is covered by shallow water. For proposes of this definition, wetlands must have the following attributes: a. Have a predominance of hydric soils; b. Are inundated or saturated by surface or ground water at a frequency and duration sufficient to support a prevalence ofhydrophytic vegetation typically adapted for life in saturated soil conditions; and c. Under normal circumstances support a prevalence of such vegetation. 9.609 (3) Scope and Effect. Snbdivision 1. Applicability. This section shall apply to any land alteration requiring any of the following permits or approvals: a. a building permit for new multiple family residential (three or more attached dwelling units), commercial, industrial, or institutional development; b. a preliminary plat; c. land alteration permit as regulated by Section 9.610 of this Code; d. A building permit for a single family or two family residential dwelling except that only Section 9.609.6 Subd. 3-7 of this ordinance shall apply; or e. public improvement projects No building permit, preliminary plat, excavation permit or public improvement project shall be approved until approval of a storm water management plan has been obtained in strict conformance with the provisions of this Section. Subd. 2. Exemptions. The provisions of this Section do not apply to: a. Construction of a single family or two family dwelling or any structure or land alteration accessory thereto except that the provisions of Section 9.609.6, Surd. 3-7 shall apply; b. Any currently valid building permit, preliminary plat, excavation permit, or public improvement project approved prior to the effective date of this ordinance; c. Construction of agricultural structures or land alterations associated with agricultural uses unless an excavation permit is required by Section 9.610; City of Columbia Heights Zoning and Development Ordinance - Section 6 Page 6-16 d. Installation of a fence, sign, telephone, and electric poles and other kinds of posts or poles; or e. Emergency work to protect life, limb, or property. 9.609 (4) Submission Requirements - Storm Water Management Plan. Subdivision 1. Storm Water Management Plan. A Storm Water Management Plan shall be submitted with all permit applications identified in Section 9.609.3, Sub& 1. Two sets of clearly legible blue or black lined copies of drawings and reqnircd information shall be submitted. Drawings shall be prepared to a scale appropriate to the site of thc project and suitable for the review to be performed. At a minimum the scale shall be 1 inch equals 100 feet. The storm water management plan shall contain the following information, which may be combined into one or more drawings or may bc combined with submission requirements of other permits or approvals. Existing Site Map A map of existing site conditions showing the site and immediately adjacent areas, including: The name and address of the applicant, the section, township and range, north point, date and scale of drawing and number of sheets; Location of the tract by an insert map at a scale sufficient to clearly identify the location of the property and giving such information as the names and numbers of adjoining roads, railroads, utilities, subdivision, towns and districts or other landmarks; Existing topography with a contour interval appropriate to the topography of the land but in no case having a contour interval greater than 2 feet; A delineation of all streams, rivers, public waters and wetlands located on and immediately adjacent to the site, including any classification given to the water body or wetland by the Minnesota Department of Natural Resources, the Minnesota Pollution Control Agency and/or the United States Army Corps of Engineers; Location and dimensions of existing storm water drainage systems and natural drainage patterns on and immediately adjacent to the site delineating in which direction and at what rate storm water is conveyed from the site, identifying the receiving stream, river, public water, or wetland, and setting forth those areas of the unaltered site where storm water collects; A description of the soils of the site, including a map indicating soil types of areas of critical erosion to be disturbed as well as a soil report containing information on the suitability of the soils for City of Columbia Heights Zoning and Development Ordinance - Section 6 Page 6-17 the type of development proposed and describing any remedial steps to be taken by the developer to render the soils suitable; Vegetative cover and clearly delineating any vegetation proposed for removal; and 8. 100 year floodplain, flood fringes and floodways. Site Construction Plan A site construction plan including; Locations and dimensions of all proposed land disturbing activities and any phasing of those activities; 2. Locations and dimensions of all temporary soils or dirt stockpiles; Locations and dimensions of ail construction site erosion control measures necessary to meet the requirements of this ordinance; Schedule of anticipated starting and completion date of each land disturbing activity including the installation of construction site erosion control measures needed to meet the requirements of this ordinance; and Provisions for maintenance of the construction site erosion control measures during construction. Plan of Final Site Conditions A plan of final state conditions on the same scaie as the existiqg site map showing the site changes including: Finished grading shown at contours at the same interval as provided above or as required to clearly indicate the relationship of proposed changes to existing topography and remaining features; A landscape plan, drawn to an appropriate scale, including dimensions and distances and the location, type, size and description of all proposed landscape materials which will be added to the site as part of the development; A drainage plan of the developed site delineating in which direction and at what rate storm water will be conveyed from the site and setting forth the areas of the site where storm water will be allowed to collect; The proposed size, alignment and intended use of any structures to be erected on the site; City of Columbia Heights Zoning and Development Ordinance - Section 6 Page 6-18 A clear delineation and tabulation of all areas which shall be paved or surfaced, including a description of the surfacing material to be used; and Any other information pertinent to the particular project which in the opinion of the applicant is necessary for the review of the project. 9.609 (5) Plan Review Procedure. Subdivision 1. Process. Storm water management plans meeting the requirements of Section 9.609.4 shall be reviewed by the Engineering Division in accordance with the standards of Section 9.609.6. The Director of Public Works, or designee, shall approve, approve with conditions, or deny the storm water management plan. Subd. 2. Duration. A storm water plan approved in accordance with this Section shall become void if the corresponding building permit, excavation permit, preliminary plat, or public improvement project expires or becomes invalid. Subd. 3. Conditions. A storm water management plan may be approved subject to compliance with conditions reasonable and necessary to insure that the requirements contained in this ordinance are met. Such conditions may, among other matters, limit the size, kind or character of the proposed development, require the construction of structures, drainage facilities, storage basins and other facilities, require replacement of vegetation, establish required monitoring procedures, stage the work over time, require alteration of the site design to insure buffering, and require the conveyance for storm water management purposes to the City or other public entity of certain lands or interests therein. Subd. 4. Letter of Credit. Prior to approval of any storm water management plan, the applicant shall submit a letter of credit or cash escrow to cover the estimated cost of site restoration. The letter of credit or cash escrow amount shall be based on $10,000 per acre of gross lot area with $5,000 minimum. Subd. 5. Amendment. A storm water management plan may be revised in the same manner as originally approved. 9.609 (6) Approval Standards. No storm water managemem plan which fails to meet the standards contained in this section shall be approved by the City. Subdivision 1. General Criteria for Storm Water Management Plans An applicant shall install or construct all storm water management facilities necessary to manage increased runoff so that the two, ten, and hundred year storm peak discharge rates existing before the proposed land alteration shall not be increased and accelerated. Channel erosion shall City of Columbia Heights Zoning and Development Ordinance - Section 6 Page 6-19 not occur as a result of the proposed land disturbing or development activity. The applicant shall give consideration to reducing the need for storm water management facilities by incorporating the use of natural topography and land cover such as wetlands, ponds, natural swales and depressions as they exist before development to the degree that they can accommodate the additional flow of water without compromising the integrity or quality of the wetland or pond. The following storm water management practices shall be investigated in developing a storm water management plan in the following descending order of preference: Infiltration of runoff on-site, if suitable soil conditions are available for use; Flow attenuation by use of open vegetated swales and natural depressions; 3. Storm water retention facilities; and 4. Storm water detention facilities. A combination of successive practices may be used to achieve the applicable minimum control requirements specified in subsection (a) above. Justification shall be provided by the applicant for the method selected. Subd. 2. Storm Water Retention: Criteria. Land alterations involving one (1) acre or more of total impervious surface area (existing and proposed) shall require on-site storm water retention facilities designed according to the most current technology as reflected in the MPCA publication "Protecting Water Quality in Urban Areas", and shall contain, at a minimum, the following design factors: A permanent pond surface area equal to two percent of the impervious area draining to the pond or one percent of the entire area draining to the pond, whichever amount is greater, b. An average permanent pool depth of four to ten feet; c. A permanent pool length-to-width ratio of 3:1 or greater; A minimum protective shelf extending ten feet into the permanent pool with a slope of 10:1 beyond which slopes should not exceed 3:1: City of Columbia Heights Zoning and Development Ordinance - Section 6 Page 6-20 A protective buffer strip of vegetation surrounding the permanent pool at a minimum width of 10 feet; All storm water retention facilities shall have a device to keep oil, grease, and other floatable material from moving downstream as a result of normal operations; Storm water retention facilities for new development must be sufficient to limit peak flows in each subwatershed to those that existed before the development for the two, ten, and hundred year storm event. All calculations and hydrologic models/information used in determining peak flows shall be submitted along with the storm water management plan; All storm water retention facilities must have a means to remove coarse-grained particles prior to discharge into a watercourse or storage basin. An extended detention basin, existing wetland when in conformance with Section 9.609.6, Subd. 3, or other storm water management facility may be used in place of a retention pond when a permanent pool of water is not desired with respect to public safety, character of surrounding development, and aesthetics as determined by the Director of Public Works. Subd. 3. Site Dewatering. Water pumped from the site shall be treated by temporary sedimentation basins, grit chambers, sand filters, upflow chambers, hydro-cyclones, swirl concentrators or other appropriate controls as appropriate. Water may not be discharged in a manner that causes erosion or flooding of the site, receiving channels or wetlands. Subd. 4. Waste and Material Disposal. All waste and unused building materials (including garbage, debris, cleaning wastes, wastewater, toxic materials or hazardous materials) shall be properly disposed of off-site and not allowed to be carded by runoff into a receiving channel or storm sewer system. Subd. 5. Tracking. Each site shall have graveled roads, access drives and parking areas of sufficient width and length to prevent sediment from being tracked onto public or private roadways. Any sediment reaching a public or private road shall be removed by street cleaning (not flushing) before the end of each workday. Subd. 6. Drain Inlet Protection. All storm drain inlets shall be protected during construction until control measures are in place with a straw bale, silt fence or City of Columbia Heights Zoning and Development Ordinance - Section 6 Page 6-21 equivalent barrier meeting accepted design criteria, standards and specifications contained in the MPCA publication "Protecting Water Quality in Urban Areas." Subd. 7. Site Erosion Control. The following criteria (a. through d.) apply only to construction activities that result in runoff leaving the site. Channelized runoff from adjacent areas passing through the site shall be diverted around disturbed areas, if practical. Otherwise, the channel shall be protected as described below. Sheetflow runoff from adjacent areas greater than 10,000 square feet in area shall also be diverted around disturbed areas, unless shown to have resultant runoff rates of less than 0.5ft./sec. across the disturbed area for the one-year storm. Diverted runoff shall be conveyed in a manner that will not erode the conveyance and receiving channels. All activities on the site shall be conducted in a logical sequence to minimize the area of bare soil exposed at any one time. Runoff from the entire disturbed area on the site shall be controlled by meeting either subsections 1 and 2, or subsections 1 and 3. All disturbed ground lefl inactive for fourteen or more days shall be stabilized by seeding or sodding (only available prior to September 15) or by mulching or covering or other equivalent control measure. For sites with more than ten acres disturbed at one time, or if a channel originates in the disturbed area, one or mom temporary or permanent sedimentation basins shall be constructed. Each sedimentation basin shall have a surface area of at least one- percent of the area draining to the basin and at least three feet of depth and constructed in accordance with accepted design specifications. Sediment shall be removed to maintain a depth of three feet. The basin discharge rate shall also be sufficiently low as to not cause erosion along the discharge channel or the receiving water. For sites with less than ten acres disturbed at one time, silt fences, straw bales, or equivalent control measures shall be placed along all sideslope and downslope sides of the site. Ifa channel or area of concentrated runoffpasses through the site, silt fences shall be placed along the channel edges to reduce sediment reaching the channel. The use of silt fences, straw bales, or equivalent control measures must include a maintenance and inspection schedule. City of Columbia Heights Zoning and Development Ordinance - Section 6 Page 6-22 Any soil or dirt storage piles contalrdng more than ten cubic yards of material should not be located with a downslope drainage length of less than 25 feet from the toe of the pile to a roadway or drainage channel. If remaining for more than seven days, they shall be stabilized by mulching, vegetative cover, tarps or other means. Erosion fi.om piles which will be in existence for less than seven days shall be controlled by placing straw bales or silt fence barriers mound the pile. In~street utility repair or construction soil or dirt storage piles located closer than 25 feet of a roadway of drainage channel must be covered with tarps or suitable alternative control, if exposed for more than seven days, and the storm drain inlets must be protected with straw, bale or other appropriate filtering barriers. Subd. 8. Wetlands. Existing wetlands may be used for storm water management purposes provided the following criteria are met: The wetland shall not be classified as a Group I or II water within the City Water Resource Management Plan. A protective buffer strip of natural vegetation at least 10 feet in width shall surround all wetlands. A sediment trapping device or area that is designed to trap sediments 0.5 millimeters in size or greater wit a trap volume size based upon a prescribed maintenance schedule shall be installed prior to discharge of storm water into the wetlands. The natural outlet control elevation of the wetlands if it is not a DNR public water, shall not be changed except when either i) the outlet is intended to restore the wetland to its original elevation, ii) the wetland basin is landlocked and the artificial outlet control is placed no lower than 1.5 feet below the ordinary high water mark, iii) the proposed level control is identified in the City Water Resource Management Plan, or iv) the level change is approved by a technical evaluation panel convened pursuant to the state Wetland Conservation Act of 1991 (WCA). The water fluctuation from storm water shall not be increased over what occurs naturally, except as provided in (d.iii) above. f. The wetland shall not be a protected fen. Wetlands shall not be drained or filled, wholly or partially, unless replaced by restoring or creating wetland areas in accordance with City of Columbia Heights Zoning and Development Ordinance - Section 6 Page 6-23 the WCA. When wetland replacement is required, it shall be guided by the following principles in descending order of priority: Avoiding the direct or indirect impact of the activity that may destroy or diminish the wetland; Minimizing the impact by limiting the degree or magnitude of the wetland activity and its implementation; Rectifying the impact by repairing, rehabilitating, or restoring the affected wetland environment; Reducing or eliminating the impact over time by preservation and maintenance operations during the life of the activity; and Compensating for the impact by replacing or providing substitute wetland resources or environments. If the wetland is a DNR public water, all necessary permits from the DNR shall be obtained. Subd. 9. Models/Methodologies/Computations. Hydrologic models and design methodologies used for the determination of runoff and analysis of storm water management structures shall be approved by the Director of Public Works. Plans, specifications and computations for storm water management facilities submitted for review shall be sealed and signed by a registered professional engineer. All computations shall appear on the plans submitted for review, unless otherwise approved by the Director of Public Works. Subd. 10. Watershed Management Plans/Groundwater Management Plans. Storm water management plans shall be consistent with adopted watershed management plans and groundwater management plans prepared in accordance with Minnesota Statutes Section 103B.231 and 103B.255, respectively, and as approved by the Minnesota Board of Water and Soil Resources in accordance with the state law. 9.609 (7) Storm Water Management Fee. Subdivision 1. When Required. In lieu of the storm water management facilities required in Section 9.609.6 the City may allow an applicant to make a monetary contribution to the development and maintenance of community storm water management facilities designed to serve multiple land disturbing and development activities when consistent with the City's Water Resource Management Plan. Subd. 2. Calculation of Fee. The mount of monetary contribution shall be based on $0.25 per square foot of total impervious surface area (existing and City of Columbia Heights Zoning and Development Ordinance - Section 6 Page 6-24 proposed) on the subject property. For preliminary plats, an estimated impervious coverage per lot, subject to the approval of the Director of Public Works, shall be included in the total impervious surface area calculation. Subd. 3. Payment of Fee. Payment of a monetary contribution shall occur as follows: a. Building Permit - upon issuance of building permit. b. Excavation Permit - upon issuance of excavation permit. c. Preliminary Plat - upon approval of final plat or commencement of land alteration, whichever occurs first. 9.609 (8) Inspection and Maintenance. Subdivision 1. All storm water management facilities shall be designed to minimize the need of maintenance, to provide access for maintenance purposes, and to be structurally sound. In addition, the following maintenance standards shall apply: All storm water detention periods shall be maintained to ensure continued effective removal of pollutants from storm water runoff. In addition, upon 50% of the pond's original design volume being filled with sediment, the sediment shall be removed and the pond restored to its original design. The Director of Public Works, or designated representative, shall inspect all storm water management facilities during construction, during the first year of operation and at least once every five years thereafter. The applicant shall provide all necessary easements upon the subject property for inspection and maintenance purposes of storm water management facilities as determined by the Director of Public Works. Storm water management facilities serving a single family residential area or subdivision, but more than one single family lot, shall be maintained by the City. The cost incurred by the City for maintenance of said facilities shall be assessed, levied through a special storm water taxing district against the properties contributing storm water runoff to or through the facility, or by the City's Storm water Utility. Storm water managemont facilities serving a multiple family residential building or development; a commercial, industrial or institutional building or development; or an individual parcel shall be maintained by the property owner on which the facility is located unless it is determined by the Director of Public Works that it is in the best interests of the City for the City to maintain such facilities. If the City is to maintain the storm City of Columbia Heights Zoning and Development Ordinance - Section 6 Page 6-25 water management facilities, the cost incurred by the City for the maintenance may be assessed or levied as described in #4 above. 9.609 (9) Penalty. Any person, firm or corporation violating any provision of this Section shall be fmed not less than deemed committed on each day during or on which a violation occurs or continues. 9.609 (10) Other Controls. In the event of any conflict between the provisions of this Section and the provisions of the City Code, the more restrictive standard prevails. 9.609 (11) Severability. The provisions of this ordinance are severable. If any provision of this Section or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of this ordinance which can be given effect without the invalid provision or application. 9.610 Land Alterations 1) Purpose. The purpose of this section is to manage land alterations within the City and provide for the review and approval of proposed grades prior to land alteration activities. 2) In General. No person, firm or corporation may engage in any excavation, grading or filling of any land in the City without first having secured a permit from the City Engineer in accordance with this Section. 3) Exemption. The removal of material for the purpose of constructing a basement or placement of footings are exempt from the provisions of this section, provided a grading plan was submitted and approved as part of the review and approval process. Grading of new subdivisions or developments is also exempt from the provisions of this Section, provided a grading plan was submitted and approved as part of the review and approval process. 4) Land Alteration Permit Required. A land alteration permit from the City Engineer is required for any of the following activities: Placement, removal or grading of more than ten (10) cubic yards of earthen material on steep slopes adjacent to a lake or wetland, or within the shore or bluff impact zone of a lake or wetland. b) Placement, removal or grading of more than fifty (50) cubic yards of earthen material anywhere in the City. c) Placement, removal or grading of earthen material within ten (10) feet of any property line or when such activity alters the drainage patterns of adjacent property. City of Columbia Heights Zoning and Developmem Ordinance - Section 6 Page 6-26 5) 6) Conditional Use Permit Required. A conditional use permit is required for any of the following activities: a) b) c) d) Placement, removal or grading of more than 500 cubic yards of earthen material on developed property zoned R-1 or R-2. Placement, removal or grading of more than 1,000 cubic yards of earthen material on undeveloped property zoned R-1 or R-2. Placement, removal or grading of more than 1,500 cubic yards of earthen material on property zoned R-3, R-4 or LB. Placement, removal or grading of more than 2,000 cubic yards of earthen material on property zoned GB, CBD, I~1, 1-2, or MXD. Submittal Requirements. An application for a land alteration permit shall include the following: a) A legal description of the land to be altered, b) The nature of the proposed alteration and future use of the property, c) The starting date and completion date of the land alteration. d) The names and addresses of all the owners of all the land to be altered. e) Scaled plans showing the existing and proposed topography with two (2) foot contour intervals, and signed by a registered surveyor or engineer in the State of Minnesota. f) A scaled plan showing existing and proposed vegetation and ground cover. g) An erosion and sedimentation control plan. 9.611 1) 2) 3) Exterior Lighting In General No use shall be operated or occupied so as to create light or glare in such an amount or to such a degree of intensity as to constitute a hazardous condition or a public nuisance. Lighting shall not create a sense of brightness that is substantially greater than the ambient lighting conditions so as to cause annoyance, discomfort, decreased visibility or a hazard for vehicular or pedestrian traffic. Lighting Fixtures. Lighting fixtures shall be of a downcast with flat lens, cut-off type that conceals the light source from view and prevents light from shining on adjacent property. At no time should a fixture be aimed and/or tilted above a horizontal plane in commercial or industrial districts. Lighting Intensity. Lighting shall not directly or indirectly cause illumination or glare in excess of one-half foot-candle as measured at the closest residential property line and three (3) foot-candles as measured at the closest street curb line or non-residential property line. Lighting shall be maintained stationary and city of Columbia Heights Zoning and Development Ordinance - Section 6 Page 6-27 4) 6) constant in intensity and color, and shall not be of a flashing, moving or intermittent type. Submission. Detailed plans showing fixture type, wattage, light source, location and elevation along with site point by point showing footcandles must be submitted. Lighting of Buildings. Lighting of building fagades or roofs shall be located, aimed and shielded so that the light is directed only onto the fagade or roof. Exceptions. The following uses are exempt fi'om the provisions of this section: a) Publicly controlled or maintained street lighting, warning lights, emergency lights, or traffic signals. b) Athletic fields and other outdoor recreational facilities serving or operated by an institutional or public use that is operated in accordance with all other applicable provisions of this Chapter. 9.612 l) 2) 3) 4) Off-street Parking and Loading Purpose. The purpose of off-street parking and loading requirements is to alleviate or prevent congestion of the public right-of-way, to provide for the parking and loading needs of specific uses, to minimize the incompatibility between parking and loading areas and adjacent uses, and to regulate the size, design, maintenance and location of required off-street parking and loading areas. Change of Use. If the use of a building or site is changed or intensified, parking and loading facilities shall be provided for the changed or intensified use in accordance with the provisions of this Section. Existing Facilities. Existing off-street parking and loading facilities shall not be reduced below the requirements for a similar new use or, if less than the requirements for a similar new use, shall not be reduced further. Use of Facilities. Required parking and loading spaces and driveways providing access to such spaces shall not be used for storage, display, sales, rental or repair of motor vehicles or other goods, or for the storage of inoperable vehicles or snow. Off-street parking facilities accessory to residential uses shall be utilized solely for the parking of passenger automobiles and/or one truck not to exceed nine thousand (9,000) pounds gross capacity for each dwelling unit. Under no circumstances, shall required parking facilities accessory to residential structures be used for the storage of commercial vehicles or for the parking of automobiles City of Columbia Heights Zoning and Development Ordinance - Section 6 Page 6-28 s) 6) belonging to the employees, owners, tenants or customers of nearby business or manufacturing establishments. Location of Facilities. Required off-street parking spaces in the R-1 and R-2 zoning districts shall be located on the same lot as the principal building. Required off-street parking and loading facilities in ail other zoning districts shall be located on the same lot or development site as the use served, except as follows: Off-site parking for multiple family and institutional uses shail be located no more than 200 feet from the main entrance of the use being served. b) Off-site parking for commercial or industrial uses shall be located no mom than 400 feet from the main entrance of the use being served. c) Reasonable and improved access shall be provided from the off-site parking facility to the use being served. d) The site used for off-site parking shall be under the same ownership as the principal use being served or use of the off-site park'mg facility shall be protected by a recordable instrument acceptable to the City. Calculation of Requirements. Calculating the number of parking or loading required shall be in accordance with the following: Gross Floor Area. The term "gross floor area" for the purpose of calculating the number of off-street parking spaces required shall be determined based on the exterior floor dimensions of the building, structure or use times the number of floors, minus ten percent. b) Places of Public Assembly. In places or worship, stadiums, sports arenas and other places of public assembly in which patrons or spectators occupy benches, pews, or other similar seating facilities, each three (3) feet of such seating facilities shall be counted as one (1) seat for the purpose of determining requirements for off-street parking facilities under this Section. c) Capacity. In cases where parking requirements are based on capacity of persons, the capacity shall be based on the maximum number of persons that may occupy a place, as determined under the Building Code and posted within the establishment. Employees. When parking requirements are based on employee counts, such calculations shall be based on the maximum number of employees on the premises at any one time. City of Columbia Heights Zoning and Development Ordinance - Section 6 Page 6-29 7) e) Calculating Space. When calculating the number of off-street parking spaces required results in fraction, each fraction of one-half (1/2) or more shall require another space. f) Garage or Carport. A garage or carport shall be considered a parking space. However, a building permit shall not be granted to convert a garage or carport to living space unless other acceptable provisions are made to provide the required parking space. g) Joint Parking. Except for shopping centers or where a shared parking arrangement has been approved by the City, the off-street parking requirements for each use in a multi-use structure or site shall be calculated separately in determining the total spaces required. Proof of Parking. In cases where the future potential use of a building may generate additional parking demand, the City may require a proof of parking plan for the site that shows how the anticipated parking demand will be met. Design and Maintenance of Parking Facilities. Off-street parking facilities are subject to the following design and maintenance requirements: Size of Parking Spaces. Each parking space shall be not less than nine (9) feet wide and twenty (20) feet in length, exclusive of an adequately designed system of access drives and curbed overhangs. In parking lots with more than three hundred (300) parking spaces, up to forty (40) percent of such spaces may be designated and clearly marked as compact car parking spaces with signage that is reasonably visible year around. A compact car parking space shall not be less than eight (8) feet wide and eighteen (18) feet in length, exclusive of the adequately designed system of access drives. b) Access and Cimulation. Except for parking accessory to one and two family dwellings, each required off-street parking space shall have direct access to an aisle or driveway no less than 24 feet in width and designed to provide safe and efficient means of vehicular access to and from the parking space without using public right-of-way for maneuvering. c) Surfacing. All off-street parking areas, all driveways leading to such parking areas and all other areas upon which motor vehicles may be located shall be surfaced with a dustless all-weather hard surface material. Acceptable materials include asphalt, concrete, brick, cement pavers or similar material installed and maintained per industry standards. Crushed rock shall not be considered an acceptable surfacing material. City of Columbia Heights Zoning and Development Ordinance - Section 6 Page 6-30 g) i) J) 1) Drainage. Driveways shall not exceed a grade of 6 percent and all parking lots except those for less than four (4) vehicles shall be graded according to a drainage plan that has been approved by the City Engineer. Catch basins, sumps and underground storm sewers may be required. Curbing. Except for one-, two-, three- and four-family residential uses, all off-street parking areas, all driveways leading to such parking areas, landscape islands, and other areas upon which motor vehicles may be located shall have six (6) inch non-surmountable poured in place concrete perimeter curbing. In cases where existing circumstances or area practices make such curbing impractical, the requirement may be waived subject to submittal and approval of a parking area drainage plan by the City Engineer. Lighting. Lighting used to illuminate an off-street parking area shall comply with the performance requirements of this Section. The height of parking lot light poles or standards shall be no less than 12 feet and no more than the maximum height established for structures in the district in which the lights will be installed. Setbacks. Parking lots and loading areas shall be subject to the same setbacks as a structure for the district in which such parking is located. Signs. No sign shall be located in any parking area except as necessary for the orderly operation of traffic movement or parking regulation. Screening. All off-street parking areas containing six (6) or more parking spaces and located next to a residential use shall be screened with fencing or landscaping no less than six (6) feet in height that is 80% opaque on a year round basis. Landscaping. All setback areas shall be landscaped with grass, vegetation or other landscape material. The front yard setback area of all off-street parking areas containing six (6) or more parking spaces shall have a vegetative screen no less than 30 inches in height that is 80% opaque on a year round basis. Striping. All off-street parking areas containing six (6) or more parking spaces shall have the parking spaces and aisles clearly painted on the pavement according to the plan approved by the City. Ma'mtenance. Parking areas and driveways shall be kept free of dirt, dust and debris, and the pavement shall be ma'mtained in good condition. In winter months, required parking areas for commercial businesses shall be cleared of snow. Landscaping, lighting, fencing or other features installed city of Columbia Heights Zoning and Development Ordinance - Section 6 Page 6-31 8) 9) in conjunction with parking areas shall also be maintained and kept in good condition at all times. Off-street Parking District. Should the City establish a public off-street parking district, those uses located within the district shall be exempt from providing off- street parking spaces as required herein. Shared Parking. The City Council may approve the use of a required off-street parking area for more than one principal use on the same or an adjacent site if the following conditions are met: Location. The use for which application for shared parking is being made is located within 300 feet of the use providing the parking facilities. b) Nighttime Uses. Up to 50 percent of the off-street parking facilities required for a bowling alley, nightclub, school auditorium, theatre or similar nighttime use may be supplied by off-street parking facilities provided primarily for a daytime use. c) Sunday Use. Up to 75 percent of the off-street parking facilities required for a place of worship or similar Sunday use may be supplied by off-street parking facilities provided primarily for a daytime use. d) Daytime Use. For the purposes of this provision, the following uses are considered primarily daytime uses: financial institutions, offices, retail stores, personal service facilities and similar uses. e) Contract. A legally binding instrument for the shared use of off-street parking facilities shall be approved by the City Attorney and filed with the Anoka County Recorder's Office within 60 days after approval of the shared parking use. city of Columbia Heights Zoffmg and Development Ordinance - Section 6 Page 6-32 Off-street Parking Requirements. Off-street parking shall be provided as specified in the following table, except as otherwise provided in this Section. Residential Uses Single-family 2 per unit, two must be enclosed (garage) Two-family 2 per unit, two must be enclosed (garage) Townhome/Twinhome 2 per unit, two must be enclosed (garage) Multiple-family One bedroom units 1 per unit, must be enclosed (garage) Two bedroom or larger units 2 per unit, two must be enclosed (garage) Manufactured Home Park 2 per unit Residential Care Facility 1 per employee, plus 1 per every 6 residents Convent/Monastery 1 per every 3 beds Rooming House/Group Living 2 per every 3 residents Quarters Nursing Home 1 per every 2 beds Senior Housing/Assisted Living 1 per every 2 units Transitional/Emergency Housing 1 per employee, plus 1 per every 6 residents Bed & Breakfast Home 2 plus 1 per every room rented Public/Institutional Uses Community Center Detenn'med by staff based on parking study Drop-in Facility 30% of building capacity Golf Course 5 per hole, plus 30% of capacity of club house Government Facility Based on type of use Religious facilities/Places of 1 per every 3.5 seats, capacity of main Worship assembly area School - Elementary/Junior High 10 plus 1 per classroom School - Senior High 10 plus 1 per every 6 students School - Vocational or Business Determined by staffbased on parking study School - 30% of building capacity Performing/Visual/Martial Arts Commercial Uses Retail Sales/Services 1 per 300sf, gross floor area Retail Sales, Outdoor 1 per 1,000sf of sales/display area Auditorium/Places of Assembly 1 per 3.5 seats, based on design capacity Automobile Convenience Facility 6 spaces, plus 1 per 300sf, gross floor area Automobile Repair 1 per 300sf, gross floor area, plus 2 per service bay City of Columbia Heights Zoning and Development Ordinance - Section 6 Page 6-33 Automobile Sales/Rental 1 per 300sf, gross floor area, plus 1 per 1,000sf of outdoor sales/display area Banquet Hall 1 per 3.5 seats, based on design capacity Billiards Hall 30% of building capacity Bowling Alley 5 per lane, plus 30% of capacity for related use(s) Car Wash 2 spaces per bay, plus 4 stacking spaces per bay Clinic, Medical and Dental 1 per 300sf, gross floor area Clinic, Veterinary 6 per veterinarian Club or Lodge 30% of building capacity Consignment/Thrifl Store 1 per 300sf, gross floor area Currency Exchange 1 per 300sf, gross floor area Day Care Center 1 per every employee, plus 1 drop off space for every 5 enrollees Financial Institution 1 per 300sf, gross floor area, plus 6 stacking spaces for each drive-through lane Food Service, Convenience 6 plus 1 per 40sf of dining/service area, plus 6 stacking space for each drive-through lane Food Service, Limited 30% of building capacity Food Service, Full-Service 30% of building capacity Funeral Home 1 per 5 seats, plus 1 per 300sf of non-seating area Greenhouse/Garden Center 1 per 300sf, gross floor area, plus 1 per 1,000sf of outside sales/display area Health/Fitness Club Determ'med by staff based on parking study Hospital Determined by staffbased on parking study Hotel/Motel 1 per unit, plus 30% of capacity for meeting rooms Laboratory, Medical 1 per 300sf, gross floor area Liquor Store, Off-sale 1 per 300sf, gross floor area Museum/Gallery 30% of building capacity Office 1 per 300sf, gross floor area Pawnshop 1 per 300sf, gross floor area Personal Services 1 per 300sf, gross floor area or I 2 per station, whichever is greater Professional Services 1 per 300sf, gross floor area Recreational Facility, Indoor 1 per 150sfofrink, court, pool area, etc. Recreational Facility, Outdoor 30% of facility capacity City of Columbia Heights Zoning and Development Ordinance - Section 6 Page 6-34 Recreational Vehicle Sales 1 per 300sf, gross floor area, plus 1 per 1,000sf of outdoor sales/display area Shopping Center 1 per 300sf, gross floor area Studio, Professional 1 per 300sf, gross floor area Studio, Radio and Television Determined by staffbased on parking study Theater, Live Performance or 1 per 3.5 seats, based on design capacity Movie Industrial Uses Assembly/Manufacturing/Process 2 per every 3 employees or ing 1 per 1,000sf, gross floor area, whichever is greater Concrete, Asphalt or Rock 2 per every 3 employees Crushing Freight Terminal 1 per 3,000sf, gross floor area of storage/warehousing, plus 1 per 300sf, gross floor area of office area Maintenance Facility 1 per 3,000sf, gross floor area, plus 1 per 300sf, gross floor area of office Office/Showroom 1 per 300sf, gross floor area of office/showroom, plus 1 per 3,000sf, gross floor area of storage Office/Warehouse 1 per 300sf, gross floor area of office, plus 1 per 3,000sf, ~ross floor area of storage Outdoor Sales/Display 1 per 1,000sf of sales/display area Outdoor Storage 1 per 3,000sf of storage area Printing/Publishing 2 per every 3 employees or 1 per 1,000sf, gross floor area, whichever is greater Salvage Operation 2 per 3 employees Self-service Storage Facility 1 per 3,000sf, gross floor area of storage, plus 1 per 300sf, gross floor of office Warehouse/Distribution 1 per 3,000sf, gross floor area of storage/warehousing, plus 1 per 300sf, gross floor area of office/sales area City of Columbia Heights Zoning and Development Ordinance - Section 6 Page 6-35 11) 12) Stacking Requirements. Drive-up and drive-through facilities shall provide adequate stacking space for vehicles in accordance with the following table. Stacking spaces shall require a minimum pavement width of 12 feet, a length of 20 feet per vehicle, and shall be exclusive of any other required parking spaces or drive aisles. USe ~ mm Stae~ng:Spaees Automobile Washing Facility - Self 4 spaces per bay at entrance, Service 1 space per bay at exit Automobile Washing Facility - Automatic 4 spaces per bay at entrance, 1 space per bay at exit Food Service - Fast Food Drive-Through 4 spaces behind menu board, 4 spaces behind first window Financial Institution 4 spaces per teller window, : 2 spaces per ATM kiosk Other Drive-up or Drive-through Uses I 2 spaces per window Off-street Loading Requirements. Off-street loading space shall be provided for any non-residential use that receives or distributes materials or merchandise by trucks or similar vehicles and has a gross floor area of 5,000 square feet or more, in accordance with the following standards: Dimensions. Loading berths shall be no less than twelve (12) feet in width, fifty (50) feet in length and fourteen (14) feet in height, exclusive of aisle and maneuvering space. b) Location. Loading berths shall be located on the site and shall be separate from any required off-street parking. Loading berths shall not be located less than fifty (50) feet from the property line of any residential property or residentially zoned property. Loading berths shall not be located within the front yard setback area. c) Access. Each loading berth shall be located with appropriate means of vehicular access to and from a public street or alley, and shall not interfere with automobile or pedestrian traffic either on the site or adjacent to the site. Surfacing. All loading berths and access driveways shall be surfaced with a dustless all-weather material and constructed to control drainage according to a plan approved by the City Engineer. e) Use. Any space designated as a loading berth or access drive in accordance with the terms of this Section shall not be used for the storage of goods, inoperable vehicles or required off-street parking. city of Columbia Heights Zoning and Development Ordinance - Section 6 Page 6-36 Number. For facilities with less than 20,000 square feet gross floor area, the off-street loading requirements may be met by providing a designated loading zone on site, as opposed to constructing a loading berth. For facilities with 20,000 square feet gross floor area or greater, one off-street loading berth shall be provided for every 30,000 square feet gross floor area or fraction thereof. 9.613 ~) 2) 3) Landscaping and Screening Purpose. Landscaping and screening requirements are established to buffer non- compatible land uses, screen unsightly views, reduce noise and glare, minimize storm water runoff, and generally enhance the quality and appearance of development within the community. Landscape Plan Required. A landscape plan is required for all new commercial, industrial, institutional and multi-family development. For development having an anticipated construction value in excess of $250,000, the landscape plan must be prepared by a landscape architect registered in the State of Minnesota. Said landscape plan shall include the location, size, quantity and species of all existing and proposed plant materials. Design Considerations. The following design concepts and requirements should be considered when developing a landscape plan for submittal to the City: To the maximum extent possible, the landscape plan shall incorporate existing vegetative features on the site. The overall composition and location of landscaped areas should complement the scale of the development and its surroundings. c) Landscaped areas should be of adequate size to allow proper plant growth, protect plantings from both pedestrian and vehicular traffic, and provide adequate area for plant maintenance. A variety of trees and shrubs should be used to provide visual interest year round. No more than 50 percent of the required number of trees or shrubs may be comprised of any one species. No less than 25% of the required number of trees shall be over-story deciduous trees and no less than 25% shall be coniferous. e) Final slopes greater than 3:1 will not be permitted without special treatment such as terracing, retaining walls or special ground covers. City of Columbia Heights Zoning and Development Ordinance - Section 6 Page 6-37 )9 All plant materials shall meet the following minimum size standards: Plant ~e M~imum :S~ at Pianting Trees Evergreen 6 feet in height Deciduous-Over-story 2.5 inches diameter, measured 2 feet from base Deciduous - Ornamental 2 inches diameter, measured 2 feet from base Shrubs Evergreen 2 feet in height Deciduous 2 feet in height Screening Shrubs - Either 3 feet in height 5) Landscaping Requirements. Landscaping shall be provided in accordance with the following requirements: All required setbacks shall be landscaped with turf grass, native grasses, trees, shrubs, vines, perennial flowering plants, or other pervious ground cover. b) A minimum of one (1) tree shall be planted for every fifty (50) feet of street frontage or fraction thereof. The trees shall be planted within the front yard and may be arranged in a cluster or placed at regular intervals to best complement existing landscape design patterns in the area. c) A minimum of four (4) trees shall be planted for every one acre of lot area covered by buildings, parking areas, loading areas, exterior storage areas and other impervious surfaces. d) Parking areas shall have a minimum of 100 square feet of landscape area and one over-story tree for each 20 spaces or fraction thereof. The remainder of the landscape area shall be covered with turf grass, native grasses, trees, shrubs, vines, perennial flowering plants, or other pervious ground cover. Screening Requirements. Screening shall be provided in accordance with the following requirements: All off-street parking areas containing six (6) or more parking spaces and located adjacent to or across a public right-of-way (street or alley) from a residential or residentially zoned property, the parking area shall be City of Columbia Heights Zoning and Development Ordinance - Section 6 Page 6-38 6) screened along the boundary with the residential use. Where any commemial or industrial use is located adjacent to or across a public right- of-way (street or alley) fi.om a residential or a residentially zoned property, the commercial or industrial use shall be screened along the boundary with the residential use. b) Exterior storage of materials or equipment, except for allowed retail sales and temporary placement of equipment, shall be screened t~om all adjacent non-industrial uses and from the public right-of-way. c) Required screening shall consist of a fence, wall, earthen berming and/or vegetation no less than six (6) feet in height and no less than 80% opaque on a year round basis. Said screening shall be located as close to the property line as practicable and no closer than 15 feet fi.om the edge of a public fight-of-way. Installation and Maintenance. The following regulations shall govern the installation and maintenance of landscaping and screening materials. All landscaping materials and screening materials shall be installed in conjunction with site development and prior to issuance of a final certificate of occupancy. b) A letter of credit shall be deposited with the Zoning Administrator, in an amount equal to one and one-half (1.5) times the est'unated cost of landscaping and/or screening. The letter of credit, or portions thereof, shall be forfeited to maintain and/or replace materials for a period of time to include at least two (2) growing seasons. A portion of the letter of credit may be released after one growing season as determined by the Zoning Administrator. c) The property owner shall be responsible for continued maintenance of landscaping and screening materials to remain in compliance with the requirements of this Section. Plant materials that show signs of disease or damage shall be promptly removed and replaced within the next planting season. 9.614 Building Design Standards 1) Purpose. The purpose of this section is to promote quality development throughout the community that is attractive and visually compatible with adjacent development. City of Columbia Heights Zoning and Development Ordinance - Section 6 Page 6-39 2) Design Review Required. Approval of building elevations is required for all new commercial, industrial, institutional and multi-family development. Building design approval is also required for any remodeling or expansion activity that increases the overall size of the building by 10 percent or more. 3) Building Materials and Design. The following material and design standards shall be adhered to: Building materials for all projects shall be durable, require low maintenance and be of the same or better quality man that used on surroUnding properties; and shall consist of any of the following materials: Brick; natural stone; stone treated concrete oanels: .~lass curtain wall panels; wood, provided surfaces are finished for exterior use and only woods of proven exterior durability are used such as cedar, redwood, and cypress; factory fabricated and finished metal frame paneling; or other materials of high architectural quality as approved by staff. h) Building elevations and facades should include a variety of architectural features and building materials to provide visual interest and give each project a distinct character. Building facades shall contain windows at the ground level or first floor in order to increase security of adjacent outdoor spaces by maximizing natural surveillance and visibility. Special care should be given to building elevations that face a public right-of-way or a residential area. Doors, window frames, screening walls, and other architectural features should be finished to complement the color and material of the principal building. At least twenty (20) percent of the first floor fagade that faces a public street, sidewalk or parking lot shall be windows or doors for residential uses. At least thirty (30) percent of the first floor fagade that faces a public street, sidewalk or parking lot shall be windows or doors of clear or lightly tinted glass that allows views into and out of the building at eye level for non-residential uses. Windows shall be distributed in a more or less even manner. Minimum window area shall be measured between the height of two (2) feet and ten (10) feet above the finished level of the first floor. c) All additions, exterior alterations or accessory buildings constructed after the original buildings shall be of the same material and design as the original structure. However, this provision shall not prohibit the upgrading of the quality of materials used in a remodeling or expansion activity, provided said upgraded material complements the original. d) All structures over 120 square feet shall have full perimeter footings. e) Steel frame structures with metal siding and roof are allowed in Commercial and Industrial Districts provided 50% or more of the front of City of Columbia Heights Zoning and Development Ordinance - Section 6 Page 6-40 4) the structure is masonry type veneer and windows, and the side walls shall be at least four feet from grade with the same type of masonry veneer. Application of Master Plan District Provisions. Properties located within the district boundaries of master plan area shall also be subject to the district provisions of the master plan. 9.615 Telecommunication Towers/Antennae (Refer to separate Columbia Heights Tower Siting Ordinance # 1424) 9.616 ~) 2) 3) Sign Regulations Purpose. The purpose of this Section is to allow effective signage appropriate to the character of each zoning district, to promote an attractive environment by minimizing visual clutter and confusion, to minimize adverse impacts on nearby property and protect the public health, safety and general welfare. Application. The sign regulations set forth in this Section shall apply to all structures and all land uses, except as otherwise prohibited by this Chapter. All signs allowed by this Section shall be limited to on-premise signs. Permits. Permit Required. It shall be unlawful for any person to erect, build, construct, attach, hang, place, suspend, affix, structurally alter, or relocate any sign within the City without having first obtained a permit from the City unless herein excluded. Application for Sign Permit. An application for a sign permit shall be filed with the Zoning Administrator on the approved form and shall be accompanied by such information as may be required to ensure compliance with the provisions of this Section, including but not limited to, the following: A drawing showing the proposed location of the sign for which the permit is being requested and the location of all existing signage on the premises. ii A drawing indicating the size, color, content and materials of the sign, as well as the method of construction and attachment to the building or to the ground. City of Columbia Heights Zoning and Development Ordinance - Section 6 Page 6-41 iii Engineering data showing the structure is designed to accommodate dead load and wind pressure, in any direction, in the amount required within this Section, when specifically requested by the Zoning Administrator. c) Application Fee. Fees for all sign permits shall be established by resolution of the City Council. Issuance of Permit. Upon the filing of a completed application for a sign permit, the Zoning Administrator shall examine all accompanying drawing and supplemental data to determine compliance with the requirements of this Section. Upon approval, the sign permit shall remain valid for a period of one (1) year. If no work has commenced within such time period, a new permit shall be required even if no changes have been made to the original site plan. Exemptions. The following changes shall not require a sign permit. These exceptions shall not be construed as relieving the owner of the sign from the responsibility for its proper erection and maintenance and its compliance with the provisions of this Ordinance or any other law or ordinance regulating the same. i) The changing of the advertising copy or message of a painted or printed sign. Except for theater marquees and changeable copy signs specifically designed for the use of replaceable copy, electric signs shall not be included in this exception. ii) Painting, repainting or cleaning of an advertising structure or the changing of the advertising copy or message thereon, unless a structural change is made. 4) General Sign Standards. a) Construction Requirements. All signs shall be constructed and mainta'med in such a manner so as to present a professional appearance and maintained in accordance with the applicable provisions of the Uniform Building and Electrical Codes. The site on which the sign is constructed shall utilize existing finished grade, and shall not be raised, bermed, or otherwise elevated above surrounding grade to achieve a greater height than allowed by this ordinance. b) Maintenance. All signs, including temporary signs, together with all of their supports, braces, guys, and anchors, shall be kept in good repair and in proper state of preservation. The display surfaces of all signs shall be kept neatly painted or posted. Every City of Columbia Heights Zoning and Development Ordinance - Section 6 Page 6-42 sign and the immediate surrounding premises shall be maintained by the owner or person in charge thereof in a safe, clean, sanitary, and inoffensive condition, and flee and clear of all obnoxious substances, rubbish and weeds. c) Inspection. All signs for which a permit is required shall be subject to inspection by the Zoning Administrator. The Zoning Administrator, or any other official of the municipality who may be appointed by him is hereby authorized to enter upon any property or premises to ascertain whether the provisions of this Section are being obeyed. 5) Exempt Signs. In all districts, the provisions of this section shall not apply to the following signs: Signs of any governmental unit designed for regulatory and safety purposes. b) Memorial plaques, cornerstones and historical tablets. c) Political signs regulated per State Statute. Direction signs not more than two (2) in number identifying the location and nature of a building, structure, or use which is not readily visible fi.om the street, serving such building, structure, or use on lands forming part of the site of such buildings, structure, or uses, provided that each such sign is not more than ten (10) square feet in total area. e) Signs not exceeding nine (9) square feet in area located upon private property and directed toward the prevention of trespassing. Window signage that does not exceed twenty-five (25) percent of the total area of the window on or in which it is displayed. g) Temporary signs pertaining to drives or events of charitable, educational or religious organizations, provided that such signs shall not be erected or posted for a period of more than fourteen (14) days prior to the date of the event and shall be removed within three (3) days thereafter. Flags or emblems of political, civic, philanthropic, educational or religious organizations. i) Temporary on-site signs advertising the sale, lease, or rental of the lot or premises upon which such signs are situated, provided the city of Columbia Heights Zoning and Development Ordinance - Section 6 Page 6-43 combined area of such signs fronting upon each street which bounds such lot or premises shall not exceed a ratio of one (1) square foot of sign area for each one thousand (I,000) square feet. No such temporary on-site sign shall exceed eight (8) square feet nor remain past the date of termination of such offering. J) One on-site temporary sign advertising a group of lots for sale within a subdivision or a group of houses for sale within a housing project along each street frontage which bounds such subdivision or project, provided that the total area of such sign shall not exceed the greater of sixty-four (64) square feet with no single dimension in excess of sixteen (16) feet or eight (8) square feet per lot or house for sale. No such on-site temporary sign shall remain past the date of sale of the last lot within the subdivision or the last house within the housing project. k) Temporary on-site signs indicating the name and natttre of a construction or demolition project, plus the names of the contractors subcontractors, and professional advisors, provided the combined area of such signs fronting upon each street which abounds such project shall not exceed a ratio of two (2) square feet of sign area for each one thousand (1,000) square feet of lot area. In no case shall the combined area of such signs fronting upon each street exceed the greater of sixty-four (64) square feet with no single dimension in excess of sixteen (16) or eight (8) square feet per house or lot on which such construction or demolition is located. The display of such sign shall be limited to a period not to exceed the duration f the said construction or demolition project, at which time such signs shall be removed. 1) One (1) wall sign per dwelling for permitted home occupations not to exceed two (2) square feet per surface and limited to one (1) surface. m) Time and temperature signs not to exceed twenty (20) square feet per sign and one sign per side of building. n) One temporary on-site banner or pennant advertising the sale, lease or rental of the lot(s) or premises on which such a banner or pennant is situated, provided that the total area of such banner or pennant shall not exceed the ratio of one (1) square foot of sign area for each one thousand (1,000) square feet of building area plus one (1) square foot of sign area for each one thousand (1,000) square feet of lot area. No such banner or pennant need be less than thirty-two (32) square feet. No such banner or pennant shall remain past the date of the offering or be displayed for a period of City of Columbia Heights Zoning and Development Ordinance - Section 6 Page 6-44 6) more than one hundred twenty days (120), whichever period is shorter. At the end of the display period, the site may not display a banner or pennant until at least 240 days have elapsed. Prohibited Signs. Signs that are not specifically permitted in this Section are hereby prohibited in all Districts unless criteria is presented to allow the Planning Commission to deem that the sign design preserves and maintains the community's unique historical and cultural elements. Without restricting or limiting the generality of the provisions of the foregoing, the following signs are specifically prohibited: a) b) c) f) h) i) A balcony sign and a sign mounted or supported on a balcony. Any sign that obstructs any part of a doorway or fire escape. Any sign which, because of its position, movement, shape, illumination or color constitutes a traffic hazard because it obstructs free and clear vision, or interrupts, confuses or misleads traffic. A private sign containing words or symbols, which might reasonably be construed as traffic controls. An animated or rotating sign, except barber poles and signs displaying time and temperature information only in the animated or rotating portion thereof. A flashing sign, including indoor flashing electrical signs visible from the public fight-of-way, other than time and temperature signs limited to such time and temperature information, A sign or graphics painted directly on any exterior surface of a building or structure. However, sign letters and symbols may be attached directly to an exterior surface by adhesive or mechanical means. Any roof sign, unless attached to mansard roof or similar decorative style roof that is vertical in nature. A projecting sign which either extends more than eighteen (18) inches from the building or structure to which it is attached, or which is larger than three (3) feet in vertical height, other than canopy or marquee signs. City of Columbia Heights Zoning and Development Ordinance - Section 6 Page 6-45 J) k) l) m) n) o) Any sign that does not display the name of the manufacturer or maker permanently attached to, or painted or printed on, the exterior or structural supports of the sign. Any sign that is erected, placed or maintained by any person on a rock, fence, or trees. Any sign that interferes with any electric light, or power, telephone, telecommunications, or telegraph wires, or the supports thereof. Any sign containing electrical wiring which does not conform to the Electrical Code or the components thereof do not bear the label of an approved testing agency. Any window sign or signs which exceed twenty-five (25) percent of the total area of the window on or in which it is displayed. Temporary Signs. The following standards shall apply to temporary signs in all zoning districts, a) Any sign not considered permanent shall be considered temporary. b) Banners or pennants shall not exceed three (3) feet by twenty (20) feet in size, and shall be directly attached to the wall of the building. c) No temporary sign shall extend over or into any street, alley, sidewalk or other public thoroughfare a distance greater than four (40) inches from the wall upon which it is erected, shall not be placed or project over any wall and may not cover more than 25 percent of window area such that 75 percent of the total window area is kept clear at all times. d) No temporary sign shall .be erected so as to prevent flee ingress to or egress from any door, window or fire escape, nor shall such sign be attached to any standpipe or fire escape. ¢) Unauthorized use of temporary signage shall be subject to the other sanctions as provided herein. Signs in Residential Districts R-1 and R-2. City of Columbia Heights Zoning and Development Ordinance - Section 6 Page 6-46 Permitted Signs. In the R-l, Single Family Residential District, and the R-2, Two Family Residential District, the following signs shall be permitted: (i) One (1) identification sign per dwelling unit not to exceed two (2) square foot per surface, and limited to one (1) surface attached directly to the structure. (ii) One (1) wall or ground sign for each conditional use other than the residential use, not to exceed sixteen (16) square feet per surface, and limited to two (2) surfaces. (iii) One (l) institutional sign not to exceed forty (40) square feet per surface, limited to two (2) surfaces, and set back a minimum often (10) feet from any property line. (iv) ha case of multiple structures on one parcel, a second institutional sign may be installed provided there is a minimum distance of seventy-five (75) feet between the two sign structures. b) Restrictions. Permitted signs in the R-l, Single Family Residential, and R-2, Two Family Residential Districts are subject to the following restrictions: (i) The maximum height of a sign, including its structures, shall not exceed eight (8) feet above the grade at street level or at the base of the sign, whichever is greater. (ii) No animated sign shall be permitted. (iii) All illuminated signs shall be shielded in such a way as to protect the fights of adjacent property owners from nuisance. (iv) The sign number and area permitted by this Section are considered maximums. These maximums, or any portions thereof which are not utilized by the owner(s), occupant(s) or user(s) of property are non-transferable to any other property owned by such persons, or to any other owner(s), occupant(s) or user(s) of property in the same or other Districts. Signs in Residential Districts R-3 and R-4. City of Columbia Heights Zoning and Development Ordinance - Section 6 Page 6-47 Permitted Signs. In the R-3, Limited Multiple Family Residential District, and the R-4, Multiple Family Residential District, the following signs shall be permitted: (i) One (1) identification sign per dwelling unit not to exceed two (2) square feet per surface, limited to one (1) surface, and attached directly to the structure for each single and two-family residence. (ii) One (1) area identification sign per lot line facing a public street not to exceed sixteen (16) square feet per surface and limited to two (2) surfaces, for each multiple dwelling. (iii) One (1) institutional sign not to exceed forty (40) square feet per surface, limited to two (2) surfaces, and set back a minimum often (10) feet from any property line. (iv) In case of multiple structures on one parcel, a second institutional sign may be installed provided there is a minimum distance of seventy-five (75) feet between the two sign structures. b) Restrictions. Permitted signs in the R-3, Limited Multiple Family Residential, and R-4, Multiple Family Residential Districts are subject to the following restrictions: (i) The maximum height of a sign, including its structures, shall not exceed eight (8) feet above the grade at street level or at the base of the sign, whichever is greater. (ii) No animated signs shall be permitted. (iii) All illuminated signs shall be shielded in such a way as to protect the rights of adjacent property owners from nuisance. (iv) The sign number and area permitted by this Section are considered maximums. These maximums, or any portions thereof which are not utilized by the owner(s), occupant(s) or user(s) of property are non-transferable to any other property owned by such persons, or to any other property owned by such persons, or to any other owner(s), occupant(s) or user of property in the same or other Districts. 10) Signs in LB, Limited Business District. City of Columbia Heights Zoning and Development Ordinance - Section 6 Page 6-48 Permitted Signs. In the LB, Limited Business District, the following signs shall be permitted: (i) Any number of wall signs on any side of a building not to exceed fifty (50) square feet of total surface area for all sign surfaces and limited to one surface per sign. Provided, however, that if a parcel of land on which a building is located directly abuts residentially zoned land, no wall sign may be located on the side of the building that faces the abutting residential parcel. (ii) One (1) fi'eestanding pylon sign only if the building or structure is located adjacent to a State Trunk Highway and located twenty (20) feet or more from the front lot line, not to exceed forty (40) square feet per surface, and limited to two (2) surfaces. (iii) If not located adjacent to a State Trunk Highway and/or where the twenty (20) foot setback cannot be met, one monument sign not to exceed forty (40) square feet in size, limited to two sides, not to exceed eight (8) feet in height, and set a minimum of five (5) feet from any property line. (iv) Any pylon or monument sign must be a minimum of five (5) feet from any building or structure on the same lot. One (1) wall sign on each side of the building which faces a public alley, not to exceed four (4) square feet per surface and limited to one (1) surface per sign. (vi) One (1) area identification sign for each shopping center not to exceed fifty (50) square feet per surface, and limited to four (4) surfaces, in addition to one (1) wall sign for each primary use business not to exceed fifty (50) square feet per surface, limited to one (1) surface. (vii) One (1) identification sign for each use other than primary use not to exceed two (2) square feet per surface, and limited to one (1) surface. (viii) One (1) wall sign per building with an area of the lesser of twenty (20) square feet or one-half (1/2) of a square foot for each front foot of a building or structure provided that the said sign is located on the same side of the building as an entrance approved by the City Building Official as a City of Columbia Heights Zoning and Development Ordinance - Section 6 Page 6-49 public entrance and provided that the said public entrance and sign faces a parking facility designated by the City as approved public parking. b) Restrictions. Permitted signs in the LB, Limited Business District, are subject to the following restrictions: (i) Total sign area shall not exceed two (2) square feet for each front foot of the building or structure. In the case of multiple occupancy, the wall surface for each tenant, user or owner shall include only the surface area on the exterior fagade of the premises occupied by such tenant, user or owner. (ii) The maximum height of a pylon sign including its structure shall not exceed twenty (20) feet above grade at street level or at the base of the sign, whichever is greater. The maximum height of a monument sign including its structure shall not exceed eight (8) feet above grade at street level or at the base of the sign, whichever is greater. (iii) The sign number and area permitted by this Section are considered maximums. These maximums, or any portion thereof, which are not utilized by the owner(s), occupant(s) or user(s) of property are non-transferable to any other property owned, occupied or used by such persons, or to any other owner(s), occupant(s) or user(s) of property in the same or other Districts. 11) Signs in CBD, Central Business District. Permitted Signs. In the CBD, Central Business District, the following signs shall be permitted: (i) Any number of wall signs on any side of a building not to exceed one hundred (100) square feet of total surface area for all wall sign surfaces and limited to one surface per sign. Provided, however, that ifa parcel of land on which a building is located directly abuts residentially zoned land, no wall sign may be located on the side of the building that faces abutting residential parcel. (ii) One freestanding pylon sign only if the building or structure is located adjacent to a State Trunk Highway and located twenty (20) feet or more from the front lot line, not to exceed seventy-five (75) square feet per surface, and City of Columbia Heights Zoning and Development Ordinance - Section 6 Page 6-50 limited to two (2) surfaces. Provided, however, that (a) if the building contains more than 80,000 square feet of gross floor area or the site on which the building is located contains more than 90,000 square feet of surface area, (b) if the street frontage of the site on which the building or structure is located exceeds one hundred fifiy (150) feet in length, and (c) if the building is located twenty (20) feet or mom from the front lot line and is located adjacent to a State Trunk Highway, a second freestanding sign not to exceed seventy-five (75) square feet and limited to two (2) surfaces shall be permitted at a location at least fifty (50) feet distant from any other freestanding sign and at least twenty-five (25) feet distant from the lot line of any adjoining parcel of land other than a street or alley. (iii) If not located adjacent to a State Trunk Highway and/or where the twenty (20) foot setback cannot be met, one monument sign not to exceed forty (40) square feet in size, limited to two sides, not to exceed eight (8) feet in height, and set a minimum of five (5) feet from any property line. (iv) Any pylon or monument sign must be a minimum of five (5) feet from any building or structure on the same lot. One wall sign on each side of the building that faces a public alley, not to exceed four (4) square feet per surface and limited to one surface per sign. (vi) One area identification sign for each shopping center not to exceed one hundred (100) square feet per surface, and limited to four surfaces; one wall sign for each primary use business, not to exceed one hundred (100) square feet per surface and limited to one surface. (vii) One identification sign for each user other than primary use, not to exceed two (2) square feet per surface, and limited to one surface. (viii) One wall sign per building with an area of the lesser of twenty (20) square feet or one-half (½) of a square foot for each front foot of a building or structure provided that the said sign is located on the same side of the building as an entrance approved by the City Building Official as a public entrance and provided that the said public entrance and sign faces a parking facility designated by the City as approved public parking. City of Columbia Heights Zoning and Development Ordinance - Section 6 Page 6-51 b) Restrictions. Permitted signs in the CBD, Central Business District, are subject to the following restrictions: (i) Total sign area shall not exceed two (2) square feet for each front foot of building or structure. In the case of multiple occupancy, the wall surface for each tenant, user or owner shall include only the surface area on the exterior fagade of the premises occupied by such tenant, user or owner. (ii) The maximum height of a pylon sign, including it structures, shall not exceed twenty (20) feet above the grade at street level or at the base of the sign, whichever is greater. The maximum height of a monument sign, including its structures, shall not exceed eight (8) feet above grade at street level or at the base of the sign, whichever is greater. (iii) The sign number and area permitted by this Section are considered maximums. These maximums, or any portion thereof, which are not utilized by the owner(s), occupant(s) or user(s) of property are non-transferable to any other property owned, occupied or used by such persons or any other owner(s), occupant(s) or user(s) of property in the same or other Districts. 12) Signs in the GB, General Business District. a) Permitted Signs. In the GB, General Business District, the following signs shall be permitted: (i) Any number of wall signs on any side of a building not to exceed two hundred (200) square feet of total surface area for all wall sign surfaces and limited to one surface per sign. Provided, however, that ifa parcel of land on which a building is located directly abuts residentially zoned land, no wall sign may be located on the side of the building that faces the abutting residential parcel. One freestanding pylon sign only if the building or structure is located adjacent to a State Trunk Highway and located twenty (20) feet or more fi'om the front lot line, not to exceed seventy-five (75) square feet per surface and limited to two (2) surfaces. Provided, however, that (a) if the building contains more than 80,000 square feet of gross floor area or the site on which the building is located city of Columbia Heights Zoning and Development Ordinance - Section 6 Page 6-52 (iii) (iv) (v) (vi) (vii) contains more than 90,000 square feet of surface area, (b) if the street frontage of the site on which the building or structure is located exceeds one hundred fifty (150) feet in length, and (c) if the building is located twenty (20) feet or more from the front lot line and is located adjacent to a State Trunk Highway, a second freestanding sign not to exceed seventy-five (75) square feet and limited to two (2) surfaces shall be permitted at a location at least fifty (50) feet distant from any other freestanding sign and at least twenty-five (25) feet distant from the lot line of any adjoining parcel of and other than a street or alley. If not located adjacent to a State Tnmk Highway and/or where the twenty (20) foot building setback cannot be met, one monument sign not to exceed forty (40) square feet in size, limited to two sides, not to exceed eight (8) feet in height, and set a minimum of five (5) feet from any property line. Any pylon or monument sign must be a minimum of five (5) feet from any building or structure on the same lot. One wall sign on each side of the building that faces a public alley, not to exceed four square feet per surface and limited to one surface per sign. One area identification sign for each shopping center, not to exceed one hundred (100) square feet per surface, limited to four surfaces, in addition to one wall sign for each primary use business, not to exceed one hundred (100) square feet per surface, limited to one surface. One identification sign for each use other than primary use, not to exceed two square feet per surface, and limited to one surface. One wall sign per building with an area of the lesser of twenty (20) square feet or one-half(½) square feet for each front foot of a building or structure provided that the said sign is located on the same side of the building as an entrance approved by the City Building Official as a public entrance and provided that the said public entrance and sign faces a parking facility designated by the City as approved public parking. City of Columbia Heights Zoning and Development Ordinance - Section 6 Page 6-53 b) Restrictions. Permitted signs in the GB, General Business District, are subject to the following restrictions: (i) Total signage shall not exceed two square feet for each fi.om foot of building or structure. In the case of multiple occupancy, the wall surface for each tenant, user or owner shall include only the surface area on the exterior fagade of the premises occupied by such tenant, user or owner. (ii) The maximum height of a sign, including its structures, shall include only the surface area on the exterior facade of the premises occupied by such tenant, user or owner. (iii) The maximum height of a pylon sign, including its structures, shall not exceed twenty-five (25) feet above the grade at street level or at the base of the sign, whichever is greater. The maximum height of a monument sign, including its structures, shall not exceed eight (8) feet above grade at street level or at the base of the sign, whichever is greater. (iv) The sign number and area permitted by this section are considered maximum. These maximums, or any portion thereof, which are not utilized by the owner(s), occupant(s) or user(s) of property are non-transferable to any other property owned, occupied or used by such persons or to any other owner(s), occupant(s) or user(s) of property located in the same or other Districts. 13) Signs in I-1 and 1-2 Industrial Districts. Permitted Signs. In the I-1, Light Industrial District, and the I-2, General Industrial District, the following signs shall be permitted: (i) Any number of wall signs on any side of a building to exceed one hundred (100) square feet of total surface area for all wall sign surfaces and limited to one surface per sing. Provided, however, that ifa parcel of land on which a building is located directly abuts residentially zoned land, no wall sign may be located on the side of building that faces abutting residential parcels. (ii) One fi'eestanding pylon sign only if the building or structure is located twenty (20) feet or more from the front lot line, not to exceed one hundred (100) square feet per surface, and limited to two surfaces. Where the twenty (20) City of Columbia Heights Zoning and Development Ordinance - Section 6 Page 6-54 b) 14) foot setback cannot be met, one monument sign not exceed forty (50) square feet in size, limited to two sides, not to exceed ten (10) feet in height, and set a minimum of five (5) feet from any building or structure on the same lot. (iii) Any pylon or monument sign must be a minimum of five (5) feet from any building or structure on the same lot. (iv) One identification sign for each use other than primary use, not to exceed two square feet per surface and limited to one sign. (v) Billboards located adjacent to public streets with speed limits of forty-five miles per hour (45 mph) or more, placed at a minimum of fifteen hundred (1500) foot intervals, not to exceed one hundred (100) square feet per surface and limited to two surfaces. Restrictions. Permitted signs in the I-1, Light Industrial District, and the 1-2, General Industrial District, are subject to the following restrictions: (i) Total sign area shall not exceed two (2) square feet for each front foot of building or structure. In the case of multiple occupancy, the wall surface for each tenant, user or owner shall include only the surface area on the exterior fagade of the premises occupied by such tenant, user or owner. (ii) The maximum height of a sign including its structures shall not exceed twenty-five (25) feet above the grade at street level or at the base of the sign, whichever is greater. The maximum height of a monument sign, including its structures, shall not exceed ten (10) feet above grade at street level or a the base of the sign, whichever is greater. (iii) The sign number and area permitted by this Section are considered maximums. These maximums, or any portion thereof, which are not utilized by the owner(s), occupant(s) or user(s) of property are non-transferable to any other property owned, occupied or used by such person(s) or to any other owner(s), occupant(s) or user(s) of property located in the same or other Districts. Signs for Non-Conforming Residential Uses. Sign number and area for residential uses in Commemial, Business or Industrial Zones city of Columbia Heights Zoning and Development Ordinance - Section 6 Page 6-55 are limited to the maximum number and area for the actual use of the subject property. Minimum Yard Requirements- Freestanding Signs. The minimum front, side and rear yard requirements for freestanding signs shall be ten (10) feet from any property line or as otherwise stated in this ordinance. When the bottom edge of the freestanding pylon sign is eight (8) feet or more above grade, the leading edge of the sign may extend within one (1) foot of the property line Provided, however, no t~eestanding sign shall invade the area required for traffic visibility by this Section. City of Columbia Heights Zoning and Development Ordinance - Section 6 Page 6-56 CHAPTER 9: LAND USE AND DEVELOPMENT SECTION 7: SPECIFIC DEVELOPMENT STANDARDS 9.701 General Provisions 1) Purpose. The purpose of this Section is to establish specific development standards that provide supplemental regulations to address the unique characteristics of certain land use. 2) Applicability. The regulations set forth in this Section shall apply to the specific use listed, whether it is identified as permitted, conditional or accessory within the applicable zoning district. These regulations shall be in addition to all other applicable regulations. 3) Specific Development Standards. The following uses are subject to specific development standards. Adult Entertainment Use Activities classified as obscene as defined by Minnesota Statute, Section 617.241 or successor statute, are prohibited. b) The use shall be located at least 1000 feet from any other adult entertainment use. c) The use shall be located at least 1000 feet from any facility with an on- or off-sale liquor, wine or beer license. d) The use shall be located at least 500 feet from any of the following protected uses: residentially zoned property or residential use; licensed day care facility; public or private educational facility classified as an elementary, middle or junior high or senior high school; public library; public park; or religious institution or place of worship. e) An adult entertainment use lawfully operating as a conforming use is not rendered non-conforming by the subsequent location of any use listed above within 500 feet. If the adult entertainment use is abandoned for a period ofg0 days or more, it shall be deemed discontinued and subsequent use of the premises for adult entertainment will be required to meet the separation requirement. f) No more than one adult entertainment use shall be located on the property. g) The use shall not be located on any property that has a liquor license. City of Columbia Heights Zoning and Development Ordinance - Section 7 Page 7-1 h) Sign messages shall be generic in nature and shall only identify the type of business which is being conducted; signs shall not contain material classified as advertising. Animal Kennel or Shelter a) All activity shall be within a completely enclosed building with soundproofing and odor control. b) Outdoor kennels shall be prohibited. Automobile Convenience Facility a) The use shall be served by a major collector or higher functional classification of roadway. b) All buildings, canopies and pump islands shall meet the setback requirements for a principal structure in the zoning district in which the use is located. c) The storage of inoperable vehicles on the site is prohibited. d) The sale or repair of vehicles shall be prohibited. e) A landscape buffer with a minimum depth of ten (10) feet shall be installed and maintained along all abutting public rights-of-way. f) Canopy light fixtures shall be completely recessed within the canopy so that the lenses do not extend below the bottom surface of the canopy. g) Wherever fuel pumps are installed, pump islands shall be installed. h) A transportation management plan shall be submitted to address off-street parking, bus loading and unloading, traffic control, and the impact of the facility on surrounding roadways. i) An environmental management plan, including a storm water management and drainage plan, shall be submitted to address the impact of the facility on the environment. j) The use shall employ best management practices regarding the venting of odors, gas and fumes. Such vents shall be located a minimum often (10) feet above grade and shall be directed away from residential uses. All storage tanks shall be equipped with vapor-tight fittings to eliminate the escape of gas vapors. City of Columbia Heights Zoning and Development Ordinance - Section 7 Page 7-2 k) There shall be no exterior display of merchandise for sale exceeding 50 square feet in area. 1) The premises, all adjacent streets, sidewalks and alleys, and all sidewalks and alleys within 100 feet of the use shall be inspected regularly for the purposes of removing any litter found thereon. m) A minimum of two (2) access points for vehicular traffic shall be provided. Curb cuts shall be located no less than 50 feet from the intersecting fight-of-way line on collector roadways and no less than 80 feet from the intersecting fight-of-way line on arterial roadways. Automobile Repair, Major a) All vehicles waiting for repair or pick-up shall be stored within an enclosed building or in designated off-street parking spaces. b) All work shall be performed within a completely enclosed building. c) All vehicles parked or stored on site shall display a current license plate with a current license tab. Outside storage of automobile parts or storage of inoperable or salvage vehicles shall be prohibited. d) The sale of vehicles shall be prohibited, unless permitted by this ordinance or allowed by Conditional Use. e) The use shall employ best management practices regarding the venting of odors, gas and fumes. Such vents shall be located a minimum often (10) feet above grade and shall be directed away from residential uses. All storage tanks shall be equipped with vapor-tight fittings to eliminate the escape of gas vapors. f) An environmental management plan, including a storm water management and drainage plan, shall be submitted to address the impact of the facility on the environment. g) Any fuel sales or automobile convenience activities shall be subject to the applicable standards for automobile convenience facilities. Automobile Repair, Minor a) All vehicles waiting for repair or pick-up shall be stored within an enclosed building or in designated off-street parking spaces. b) All work shall be performed within a completely enclosed building. City of Columbia Heights Zoning and Development Ordinance - Section 7 Page 7-3 c) All vehicles parked or stored on site shall display a current license plate with a current license tab. Outside storage of automobile parts or storage of inoperable or salvage vehicles shall be prohibited. d) The sale of vehicles shall be prohibited, unless permitted by this ordinance or allowed by Conditional Use. e) The use shall employ best management practices regarding the venting of odors, gas and fumes. Such vents shall be located a minimum often (10) feet above grade and shall be directed away from residential uses. All storage tanks shall be equipped with vapor-tight fittings to eliminate the escape of gas vapors. f) An environmental management plan, including a storm water management and drainage plan, shall be submitted to address the impact of the facility on the environment. g) Any fuel sales or automobile convenience activities shall be subject to the applicable standards for automobile convenience facilities. Automobile Sales/Rental The use shall be served by a major collector or higher classification of roadway. Outdoor vehicle display areas shall meet the setback requirements for a principal structure in the zoning district in which the use is located. Outdoor vehicle display areas within the public right-of-way are prohibited. A landscape buffer with a minimum depth of 10 feet shall be installed and maintained along all abutting public rights-of-way. Outdoor vehicle display shall be within a designated area that is hard- surfaced. Outdoor vehicle display shall be in an orderly fashion, with access aisles provided as needed. Music or amplified sounds shall not be audible from adjacent residential properties. Outdoor vehicle display shall not reduce the amount of off-street parking provided on site below the level required for the principal use. a) b) c) d) e) f) g) h) City of Columbia Heights Zoning and Development Ordinance - Section 7 Page 7-4 i) J) Bed & a) h) c) d) e) g) i) An appropriate transition area between the use and adjacent property shall be provided by landscaping, screening or other site improvements consistent with the character of the neighborhood. Fuel pumps for the purpose of retail sale and dispensing of fuel to the general public shall be prohibited. If the use includes dispensing of fuel for the automobiles maintained on site, the use shall employ best management practices regarding the venting of odors, gas and fumes. Such vents shall be located a minimum of ten (10) feet above grade and shall be directed away from residential uses. All storage tanks shall be equipped with vapor-tight fittings to eliminate the escape of gas vapors. Breakfast Home The bed and breakfast home shall be part of an owner occupied residential structure and be operated by the property owner. No more than one (1) non-resident shall be employed in the operation of the facility. The exterior appearance of the structure shall not be altered from its single-family residential character. The total number of guestrooms shall not exceed four (4) in the R-3 and R-4 zoning districts and six (6) in the LB zoning district. All guest rooms shall be located within the principal structure. Separate kitchen facilities shall not be available for guests. Meals shall be prepared and served by the operator and shall be available to registered guests only. Guest stays shall be limited to no more than 14 consecutive days. Parking shall be accommodated on the property. Parking requirements for guests are in addition to those required for the principal residential use. An appropriate transition area between the use and adjacent property shall be provided by landscaping, screening or other site improvements consistent with the character of the neighborhood The facility shall meet all applicable housing, building and fire codes and be licensed as required by the State of Minnesota. City of Columbia Heights Zoning and Development Ordinance - Section 7 Page 7-5 Car Wash Water from the car wash shall not drain across any sidewalk or into any public right-of-way. b) Vacuum facilities shall be located in an enclosed structure or located at least 50 feet from any residential property line to avoid noise impacts. c) The premises, all adjacent streets, sidewalks and alleys, and all sidewalks and alleys within 100 feet of the use shall be inspected regularly for the purposes of removing litter found thereon. Clinic, Veterinar~ All activity shall be within a completely enclosed building with soundproofing and odor control. b) Outdoor kennels shall be prohibited. Concrete, Asphalt, Rock Crushing Operation The use shall be located a minimum of 1000 feet from any residentially zoned property or any residential use. b) An air quality plan shall be submitted describing stationary and mobile source air emissions, their quantities and compositions, and indicating conformance with all applicable regulations. c) A dust management plan shall be submitted describing dust emissions sources, their quantities and compositions, how dust will be collected, managed and disposed of and indicating conformance with all applicable regulations. d) A sound attenuation plan shall be submitted describing sources of sound and indicating conformance with all applicable regulations. e) A vibration-dampening plan shall be submitted describing sources of vibration and indicating conformance with all applicable regulations. t) A transportation management plan shall be submitted to address off-street parking, bus loading and unloading, traffic control, and the impact of the facility on surrounding roadways. g) An environmental management plan, including a storm water management and drainage plan, shall be submitted to address the impact of the facility on the environment. city of Columbia Heights Zoning and Development Ordinance - Section 7 Page 7-6 Community Center The use shall be served by a minor collector or higher functional classification of roadway. b) The parcel upon which the use is located shall have a lot area no less than four (4) times the area of the building footprint. c) To the extent practical, new construction or additions to existing buildings shall be complementary and compatible with the scale and character of the surroundings and exterior materials shall be compatible with those used in the immediate neighborhood. An appropriate transition area between the use and adjacent property shall be provided by landscaping, screening and other site improvements consistent with the character of the community. e) All accessory residential, school or day care uses shall be subject to the provisions of this Chapter. Consignment/Secondhand Store all pawnshops. or b) The window and door area of any existing first floor fagade along a public street or sidewalk shall not be reduced, nor shall changes be made to such windows and doors that block views into and out of the building at eye level. c) For new construction, at least thirty (30) percent of the first floor fagade along a public street or sidewalk shall be windows or doors of clear or lightly tinted glass that allows views into and out of the building at eye level. d) The use of bars, chains or similar security devices that are visible from a public street or sidewalk shall be prohibited. e) Consignors shall not be paid for merchandise until the merchandise has been sold to a third party. City of Columbia Heights Zoning and Development Ordinance - Section 7 Page 7-7 f) An appointment or set hours shall be required for the acceptance of consignment or donated merchandise. g) All receipt, sorting and processing of goods shall occur within a completely enclosed building. The premises, all adjacent streets, sidewalks and alleys, and all sidewalks and alleys within 100 feet of the use shall be inspected regularly for the purposes of removing litter found thereon Currency Exchange The use shall be located at least 3000 feet from all existing currency exchanges, consignment/secondhand stores and pawnshops. b) The window and door area of any existing first floor faqade along a public street or sidewalk shall not be reduced, nor shall changes be made to such windows and doors that block views into and out of the building at eye level. c) For new construction, at least thirty (30) percent of the first floor fagade along a public street or sidewalk shall be windows or doors of clear of lightly tinted glass that allows views into and out of the building at eye level. The use of bars, chains or similar security devices that are visible from a public street or sidewalk shall be prohibited. e) The premises, all adjacent streets, sidewalks and alleys, and all sidewalks and alleys within 100 feet of the use shall be inspected regularly for the purposes of removing litter found thereon Day Care Center The building and any exterior fenced areas shall meet the setback requirements for a principal structure in the zoning district in which the use is located. b) The play area shall be located away from the main entrance to day care, and shall be contained with a fence constructed of masonry, painted or treated wood or metal, at least five (5) feet in height. c) For child day care facilities, at least 75 square feet of outside play area shall be provided for each child under care. City of Columbia Heights Zoning and Development Ordinance - Section 7 Page 7-8 For adult day care facilities, at least 150 square feet of outdoor area for seating or exercise shall be provided for each adult under care. e) The use shall provide a designated area for the short-term parking of vehicles engaged in loading and unloading of children or adults under care. The designated area shall be located as close as practical to the principal entrance of the building and shall be connected to the building by a sidewalk. f) To the extent practical, new construction or additions to existing buildings shall be complementary and compatible with the scale and character of the surroundings and exterior materials shall be compatible with those used in the immediate neighborhood. g) An appropriate transition area between the use and adjacent property shall be provided by landscaping, screening or other site improvements consistent with the character of the neighborhood. h) The facility shall meet all applicable housing, building and fire codes and be licensed as required by the State of Minnesota. i) Day care centers located in a school or religious institution building originally constructed for use as a school or religious institution shall be considered a permitted accessory use, provided the standards contained herein are met. J) Day care centers located within an existing commemial or industrial facility and used only by employees of the operation conducted on the site shall be considered a permitted accessory use, provided the standards contained herein are met. Day Care, Home The building and any exterior fenced areas shall meet the setback requirements for a principal structure in the zoning district in which the use is located. b) The designated play area shall be contained with a fence constructed of masonry, painted or treated wood or metal, at least five (5) feet in height. c) The exterior appearance of the structure shall not be altered fi.om its single-family residential character. d) For child day care facilities, at least 50 square feet of outside play area shall be provided for each child under care. city of Columbia Heights Zoning and Development Ordinance - Section 7 Page 7-9 e) 0 For adult day care facilities, at least 150 square feet of outdoor area for seating or exemise shall be provided for each adult under care. An appropriate transition area between the use and adjacent property shall be provided by landscaping, screening or other site improvements consistent with the character of the neighborhood. g) The facility shall meet all applicable housing, building and fire codes and be licensed as required by the State of Minnesota. Drive-up Facility a) The drive-up function shall be accessory to a conforming use. b) The use shall be served by a major collector or higher functional classification of roadway. c) The site shall accommodate vehicle stacking in accordance with the provisions of this Chapter. d) Any speaker system shall not be audible fi.om any residentially zoned property or any residential use. Drop-in Facility The use shall be located at least 3000 feet from all existing drop-in facilities, consignment/secondhand stores, currency exchanges and pawnshops. b) The use shall conspicuously post legible signs at the public entrance(s) advising patrons of the hours of operation of the facility and its meal service, if applicable. c) A waiting area for clients shall be provided which shall be available to clients one (1) hour prior to the posted opening of the use and shall include toilet facilities. d) Trash receptacles shall be located at the public entrances. e) The premises, all adjacent streets, sidewalks and alleys, and all sidewalks and alleys within 100 feet of the use shall be inspected regularly for the purposes of removing litter found thereon. Temporary Employment Agencies(Day LaboO City of Columbia Heights Zoning and Development Ordinance - Section 7 Page 7-10 a) The use shall be located at least 3000: feet from ~1i existing i~mPorar7 employment agencies, consignment/secondhand stores, currency exchanges and pawnshops. a) b) c) Firearms Dealer/Shooting Range The use shall be located at least 300 feet from any residentially zoned property or any residential use. The use shall be located at least 500 feet from the following protected uses: licensed daycare facility; public or private educational facility classified as an elementary, middle or junior high or senior high school; public library; public park; or religious institution or place of worship. No firearms or ammunition shall be displayed in window areas or any area where they can be viewed from any public street or sidewalk. Food Service, Convenience (Fast Food) a) The use shall be served by a major collector or higher fimctional classification of roadway. b) A landscape buffer with a minimum depth of 10 feet shall be installed and maintained along all abutting public rights-of-way. c) A transportation management plan shall be submitted to address off-street parking, bus loading and unloading, traffic control, and the impact of the facility on surrounding roadways. e) The premises, all adjacent streets, sidewalks and alleys, and all sidewalks and alleys within 100 feet of the use shall be inspected regularly for the proposes of removing any litter found thereon. Curb cuts shall be located no less than 50 feet from the intersecting right- of-way line on collector roadways and no less than 80 feet fi.om the intersecting right-of-way line on arterial roadways. A drive-up facility shall also be subject to the standards for a drive-up facility. Food Service, Limited (Coffee Shop/Deli/Bakery/Etc) a) Music or amplified sounds shall not be audible fi.om adjacent residential uses. City of Columbia Heights Zoning and Development Ordinance - Section 7 Page 7-11 b) The premises, all adjacent streets, sidewalks and alleys, and all sidewalks and alleys within 100 feet of the use shall be inspected regularly for the purposes of removing litter found thereon. Food Service, Full-Service (Restaurant/Nightclub) a) Where alcoholic beverages are served, not less than sixty (60) pement of the total gross sales revenue shall be from the sale of food and non- alcoholic beverages. b) Music or amplified sounds shall not be audible from adjacent residential uses. c) The premises, all adjacent streets, sidewalks and alleys, and all sidewalks and alleys within 100 feet of the use shall be inspected regularly for the purposes of removing litter found thereon. Freight Terminal a) Loading and unloading activities shall be located no less than 200 feet from any residential zoning district or residential use. b) Overnight facilities for drivers shall provide on-site management 24 hours a day. The name and telephone number of the on-site manager shall be filed with the City. Funeral Home a) The use shall be served by a minor collector or higher functional classification of roadway. b) An appropriate transition area between the use and adjacent property shall be provided by landscaping, screening or other site improvements consistent with the character of the neighborhood. Hospital a) b) c) The use shall be served by a minor collector or higher functional classification of roadway. Emergency vehicle access shall not be adjacent to or located across the street from any residential use. An appropriate transition area between the use and adjacent property shall be provided by landscaping, screening or other site improvements consistent with the character of the neighborhood. City of Columbia Heights Zoning and Development Ordinance - Section 7 Page 7-12 Multi-family in CBD a) The residential use is secondary to and located above the ground floor commercial use. b) The maximum number of units allowed shall be limited to the area of the parcel divided by 2000, times the number of floors above the ground floor commercial use. c) A minimum of one parking space shall be provided per residential unit within 400 feet of the most commonly used entrance. Nursing Home a) The use shall be served by a minor collector or higher functional classification of roadway. b) On-site services shall be for residents of the facility only. c) An appropriate transition area between the use and adjacent property shall be provided by landscaping, screening or other site improvements consistent with the character of the neighborhood. Outdoor Sales/Display The outdoor sales/display use shall be accessory to a commercial use. All outdoor sales/display areas shall meet the setback requirements for a principal structure in the zoning district in which it is located. Outdoor sales/display areas within the public right-of-way are prohibited. A landscape buffer with a minimum depth of 10 feet shall be installed and maintained along all abutting public rights-of-way. All goods shall be displayed in a designated area that is hard-surfaced. Ail goods shall be displayed in an orderly fashion, with access aisles provided as needed. Music or amplified sounds shall not be audible from adjacent residential properties. The outdoor sales/display area shall not reduce the amount of off-street parking provided on site below the level required for the principal use. a) b) c) d) e) f) g) h) City of Columbia Heights Zoning and Development Ordinance - Section 7 Page 7-13 i) An appropriate transition area between the use and adjacent property shall be provided by landscaping, screening or other site improvements consistent with the character of the neighborhood. City of Columbia Heights Zoning and Development Ordinance - Section 7 Page 7-14 Outdoor Storage The outdoor storage area shall be accessory to a commemial or industrial use. b) Outdoor storage within the public right-of-way is prohibited. c) All outdoor storage areas shall meet the setback requirements for a principal structure in the zoning district in which the use is located. d) Outdoor storage areas shall be located in rear yards or in the side yard behind the front building line of the principal structure. e) The storage area shall be fenced and screened from adjacent uses and the public right-of-way. Required screening shall consist of a fence, wall, earth berming and/or vegetation no less than six (6) feet in height and no less than 80% opaque on a year around basis. f) All goods, materials and equipment shall be stored on an impervious surface. g) All goods, materials and equipment shall be stored in an orderly fashion, with access aisles of sufficient width to accommodate emergency vehicles as needed. The height of materials stored, excluding operable vehicles and equipment, shall not exceed the height of the screening provided. Parking Ramp Parking ramp structures shall meet the setback requirements for a principal structure in the zoning district in which the use is located. b) Exterior fagade materials shall be compatible with surrounding buildings. Pawnshop The use shall be located at least 1000 feet from all existing pawnshops, currency exchanges and consignment/secondhand stores. b) c) The window and door area of any existing first floor fa9ade along a pubhc street or sidewalk shall not be reduced, nor shall changes be made to such windows and doors that block views into and out of the building at eye level. For new construction, at least thirty (30) percent of the first floor fagade along a public street or sidewalk shall be windows or doors of clear or City of Columbia Heights Zoning and Development Ordinance - Section 7 Page 7-15 lightly tinted glass that allows views into and out of the building at eye level. d) The use of bars, chains or similar security devices that are visible from a public street or sidewalk shall be prohibited. e) All receipt, sorting and processing of goods shall occur within a completely enclosed building. The premises, all adjacent streets, sidewalks and alleys, and all sidewalks and alleys within 100 feet of the use shall be inspected regularly for the purposes of removing litter found thereon Recreational Vehicle Sales The use shall be served by a major collector or higher classification of roadway. b) Outdoor vehicle display areas shall meet the setback requirements for a principal structure in the zoning district in which the use is located. c) Outdoor vehicle display areas within the public right-of-way are prohibited. d) A landscape buffer with a minimum depth of 10 feet shall be installed and ma'mtained along all abutting public rights-of-way. e) Outdoor vehicle display shall be within a designated area that is hard- surfaced. Outdoor vehicle display shall be in an orderly fashion, with access aisles provided as needed. g) Music or amplified sounds shall not be audible fi.om adjacent residential properties. Outdoor vehicle display shall not reduce the amount of off-street parking provided on site below the level required for the principal use. i) An appropriate transition area between the use and adjacent property shall be provided by landscaping, screening or other site improvements consistent with the character of the neighborhood. J) Fuel pumps for the purpose of retail sale and dispensing of fuel to the general public shall be prohibited. If the use includes dispensing of fuel for the automobiles maintained on site, the use shall employ best city of Columbia Heights Zoning and Development Ordinance - Section 7 Page 7-16 management practices regarding the venting of odors, gas and fumes. Such vents shall be located a minimum of ten (10) feet above grade and shall be directed away from residential uses. All storage tanks shall be equipped with vapor-tight fittings to eliminate the escape of gas vapors. Recreational Facility, Indoor The use shall be served by a minor collector or higher classification of roadway. h) The parcel upon which the use is located shall have a lot area no less than four (4) times the area of the building footprint. c) To the extent practical, new construction or additions to existing buildings shall be complementary and compatible with the scale and character of the surroundings and exterior materials shall be compatible with those used in the immediate neighborhood. An appropriate transition area between the use and adjacent property shall be provided by landscaping, screening or other site improvements consistent with the character of the neighborhood. Recreational Facility, Outdoor The use shall be served by a minor collector or higher classification of roadway. b) The site shall be no less than five (5) acres in size. c) The principal use of the site shall be the outdoor recreation facility, except for athletic fields that are accessory to an educational or community facility. d) The use shall be situated in such a way as to minimize the effects of lighting and noise on surrounding properties. e) An appropriate transition area between the use and adjacent property shall be provided by landscaping, screening or other site improvements consistent with the character of the neighborhood, f) The premises, all adjacent streets, sidewalks and alleys, and all sidewalks and alleys within 100 feet of the use shall be inspected regularly for the purposes of removing litter found thereon. Religious Institution/Place Of Worship City of Columbia Heights Zoning and Development Ordinance - Section 7 Page 7-17 a) The facility shall be served by a minor collector or higher functional classification of roadway. b) The parcel upon which the use is located shall have a lot area no less than four (4) times the area of the building footprint. c) To the extent practical, new construction or additions to existing buildings shall be complementary and compatible with the scale and character of the surroundings and exterior materials shall be compatible with those used in the immediate neighborhood. d) An appropriate transition area between the use and adjacent property shall be provided by landscaping, screening or other site improvements consistent with the character of the neighborhood. e) All accessory residential, school or day care uses shall be subject to the provisions of this Chapter. Residential Care Facility a) The use shall be located at least one-fourth (1/4) mile (1,320 feet) from all existing residential care facilities or correctional residential care facilities, regardless of the licensing status of such facilities. b) The use shall not be located in a two-family or multiple family dwelling unless it occupies the entire structure. c) The facility shall be located on a parcel meeting the minimum lot size for a single family dwelling plus an area of 300 square feet for each resident over six (6). The maximum number of residents may be specified as a condition of the conditional use permit in order to meet this requirement. d) On-site services shall be for residents of the facility only. e) The building and any exterior fenced areas shall meet the setback requirements of the zoning district in which the use in located. f) To the extent practical, all new construction or additions to existing buildings shall be compatible with the scale and character of the surroundings, and exterior building materials shall be compatible with other buildings in the neighborhood. An appropriate transition area between the use and adjacent property shall be provided by landscaping, screening and other site improvements consistent with the character of the neighborhood. g) City of Columbia Heights Zoning and Development Ordinance - Section 7 Page 7-18 h) The primary purpose of the facility cannot be to treat juveniles who have violated criminal statutes relating to sex offenses or who have been adjudicated delinquent on the basis of conduct in violation of criminal statutes relating to sex offenses. i) The facility shall not provide accommodations to treat persons whose tenancy would constitute a direct threat to the health and safety of other individuals. h) The facility shall not accept court ordered referrals for treatment in lieu of incarceration without adequate security. i) The facility shall meet all applicable housing, building and fire codes and be licensed as required by the State of Minnesota. J) If the size, location, licensing or purpose of the facility changes, a new or amended conditional use permit may be required. Residential Care Facility, Correctional a) The use shall be located at least one-fourth (1/4) mile (1,320 feet) from all existing residential care facilities and correctional residential care facilities, regardless of the licensing status of such facilities. b) The use shall not be located in a two-family or multiple family dwelling unless it occupies the entire structure. c) The facility shall be located on a parcel meeting the minimum lot size for a single family dwelling plus an area of 300 square feet for each resident over six (6). The maximum number of residents may be specified as a condition of the conditional use permit in order to meet this requirement. d) On-site services shall be for residents of the facility only. e) The building and any exterior fenced areas shall meet the setback requirements of the zoning district in which the use in located. City of Columbia Heights Zoning and Development Ordinance - Section 7 Page 7-19 f) To the extent practical, all new construction or additions to existing buildings shall be compatible with the scale and character of the surroundings, and exterior building materials shall be compatible with other buildings in the neighborhood. g) An appropriate transition area between the use and adjacent property shall be provided by landscaping, screening and other site improvements consistent with the character of the neighborhood. The facility shall meet all applicable housing, building and fire codes and be licensed as required by the State of Minnesota. i) If the size, location, licensing or purpose of the facility changes, a new or amended conditional use permit may be required. Salvage Operation/Transfer Station The use shall be located at least 500 feet from any residentially zoned property or any residential use. b) The use must comply with the minimum standards for operation, safety, storage and all waste management as identified in the most current version of MPCA Motor Vehicle Salvage Facility Environmental Compliance Manual or successor manual. c) The use must be served by a minor collector or higher functional classification of roadway. d) Buildings, parking areas, loading areas and any exterior storage shall meet the setback requirements for a principal structure in the zoning district in which the use is located. e) No vehicles or vehicle parts may be placed within the public right-of-way or on public property. Exterior storage shall be limited to a maximum height of 12 feet and shall be fully screened so that items stored do not exceed the height of the screening provided. g) An environmental management plan, including a storm water management and drainage plan, shall be submitted to address the impact of the facility on the environment. The salvage facility operator shall maintain a written record of all vehicles received, including the date received, date when fluids were removed and date removed from the facility. The record shall also include the vehicle City of Columbia Heights Zoning and Development Ordinance - Section 7 Page 7-20 identification number, make and model and shall be initiated on the date the vehicle is received at the facility. i) All fluids, including but not limited to motor oil, transmission and/or transfer case lubricants, differential lubricants, fuel, antifreeze, refrigerants and window washing fluids shall be removed from the vehicle within three (3) days of receipt. J) All lead acid batteries, mercury containing devices and other hazardous materials shall be removed fi.om the vehicle within three (3) days of receipt. On-site burning of trash, refuse, garbage or other waste materials is prohibited. 1) Salvage of materials by fire, burning, explosives or chemical decomposition is prohibited. School, K-12 The use shall include a regular course of study accredited by the State of Minnesota. b) The site shall be served by a major collector or higher classification of roadway. c) The parcel upon which the use is located shall have a lot area no less than four (4) times the area of the building footprint. A transportation management plan shall be submitted to address off-street parking, bus loading and unloading, traffic control, and the impact of the facility on surrounding roadways. e) To the extent practical, all new construction or additions to existing buildings shall be complementary and compatible with the scale and character of the surroundings and exterior materials shall be compatible with those used in the immediate neighborhood. An appropriate transition area between the use and adjacent property shall be provided by landscaping, screening or other site improvements consistent with the character of the neighborhood. City of Columbia Heights Zorfmg and Development Ordinance - Section 7 Page 7-21 School, Vocational/Business The site shall be served by a minor arterial or higher classification of roadway. b) The parcel upon which the use is located shall have a lot area no less than four (4) times the area of the building footprint. c) A master plan shall be submitted that describes proposed physical development for the next five (5) years and for the following five (5) years. Said plan shall include a description of proposed development phases and plans, development priorities, the probable sequence of proposed development, estimated dates of construction and the anticipated interim use of property waiting to be developed. A transportation management plan shall be submitted to address off-street parking, bus loading and unloading, traffic control, and the impact of the facility on surrounding roadways. e) New construction or additions to existing buildings shall be complementary and compatible with the scale and character of the surroundings and exterior materials shall be compatible with those used in the immediate neighborhood. t) An appropriate transition area between the use and adjacent property shall be provided by landscaping, screening or other site improvements consistent with the character of the neighborhood. School, Performing/Visual/Martial Arts The site shall be served by a minor collector or higher classification of roadway. b) A transportation management plan shall be submitted to address off-street parking, bus loading and unloading, traffic control, and the impact of the facility on surrounding roadways. c) To the extent practical, all new construction or additions to existing buildings shall be complementary and compatible with the scale and character of the surroundings and exterior mater/als shall be compatible with those used in the immediate neighborhood. d) An appropriate transition area between the use and adjacent property shall be provided by landscaping, screening or other site improvements consistent with the character of the neighborhood. City of Columbia Heights Zoning and Development Ordinance - Section 7 Page 7-22 Shopping Center a) Only uses that are allowed within the zoning district in which the shopping center is located, shall be allowed in the shopping center. b) Uses that require a conditional use permit, site plan review or other land use approval shall comply with all review and approval requirements of this Chapter. c) The premises, all adjacent streets, sidewalks and alleys, and all sidewalks and alleys within 100 feet shall be inspected regularly for purposes of removing any litter found thereon. Transitional/Emergency Housing a) Transitional/emergency housing shall be located at least one-fourth (1/4) mile from all existing transitional/emergency housing. b) The maximum number of persons served shall not exceed 32. c) On-site services shall be for residents of the facility only, except where part of a regimen of scheduled post-residential treatment/service. d) To the extent practical, all new construction or additions to existing buildings shall be complementary and compatible with the scale and character of the surroundings and exterior materials shall be compatible with those used in the immediate neighborhood. e) An appropriate transition area between the use and adjacent property shall be provided by landscaping, screening or other site improvements consistent with the character of the neighborhood. City of Columbia Heights Zoning and Development Ordinance - Section 7 Page 7-23 CHAPTER 9: SECTION 8: LAND USE AND DEVELOPMENT GENERAL DISTRICT PROVISIONS 9.801 (i) (2) Establishment of Zoning Districts Primary Districts. In order to carry out the purposes and provisions of this Ordinance, all of the property within the City of Columbia Heights is hereby divided into the following Zoning Districts: Residential Districts R-1 Single Family Residential District R-2 Two-Family Residential District R-3 Limited Multiple Family Residential District R-4 Multiple Family Residential District Commercial Districts LB Limited Business District GB General Business District CBD Central Business District Industrial Districts I-1 Light Industrial District 1-2 General Industrial District Mixed Use Planned Development District MXD Mixed Use District Overlay Districts. In order to carry out the purposes and provisions of this Ordinance, property within the City of Columbia Heights may also be subject to the following Overlay Zoning Districts: Overlay Districts Ft> Floodplain Management District SH Shoreland Management District (Reserved) City of Columbia Heights Zoffmg and Development Ordinance - Section 8 Page 8-1 9.802 (2) 9.803 (1) Official Zoning Map Designation of Map. The location and boundaries of the zoning districts established by this Section are hereby established on the "Zoning Map of Columbia Heights, Minnesota," dated , which is hereby adopted as the official zoning map of the City. This map and all of the notations, references, amendments and other information shown thereon shall have the same force and effect as though fully set forth and described in this Ordinance. Maintenance of Map. The Zoning Administrator shall be responsible for maintaining the official zoning map. All amendments to the district boundaries as shown on the map shall be recorded within a reasonable time after official publication of the amendment. The official zoning map shall be kept in the Community Development Department and shall be open to public inspection at all times during which the City offices are customarily open. District Boundaries Interpretation. The following rules shall be used to determine the precise location of any zoning district or overlay district boundary, as shown on the official map: (a) Boundary lines shown as following or approximately following the corporate limits shall be construed as following such limits. (b) Boundary lines shown as following or approximately following streets, alleys or other public rights-of-way shall be construed as following the centerlines of such rights-of-way, (c) Boundary lines shown as following or approximately following platted lot lines or other property lines shall be construed as following such lines. (d) Boundary lines shown as following or approximately following railroad lines shall be construed as following the centerline of the main tracks of such railroad lines. (e) Boundary lines shown as following or approximately following shorelines of any lakes shall be construed as following the ordinary high water level of such lakes. In the event that the ordinary high water level changes, the boundary shall be construed as moving with the ordinary high water level. (f) Boundary lines shown as following or approximately following streams, rivers or other waterways shall be construed as following the channel centerline of such waterways. In the event that the location of such waterway naturally moves, the boundary shall be construed as moving with the channel centerline. City of Columbia Heights Zoning and Development Ordinance - Section 8 Page 8-2 (2) (3) Boundaries shown as separated from and parallel or approximately parallel to any of the features listed herein shall be construed as parallel to such features and at such distances as actually shown on the official map. If district boundary lines do not follow any of the above described lines, the district boundary lines are established as drawn on the zoning map and shown by written dimension. Property in Multiple Districts. Where a boundary line divides a lot of record which was in single ownership at the time of enactment of this Ordinance into two (2) or more zoning districts, any portion of such lot within fifty (50) feet of either side of such a dividing boundary line may be used for any use of either district; provided, however, if any portion of such lot shall extend beyond the fifty (50) foot limitation, the boundary line as shown shall prevail. Appeal of Interpretations. Appeals from the Zoning Administrator's determination and questions of doubt concerning the exact location of boundary lines shall be heard by the Board of Appeals and Adjustments. 9.804 (1) Designation of Annexed Property. Annexed property shall be placed in the R-i, Single Family Residential District, unless specific action is taken at the time of annexation to designate it otherwise. City of Columbia Heights Zoning and Development Ordinance - Section 8 Page 8-3 CHAPTER 9: SECTION 9: LAND USE AND DEVELOPMENT RESIDENTIAL DISTRICTS 9.901 Purpose. The residential zoning districts are established to preserve and enhance the quality of living in residential neighborhoods; provide a range of housing types and densities consistent with the Comprehensive Plan; regulate structures and uses which may affect the character or desirability of these residential areas; and provide directly related complementary uses that support the residential areas while safeguarding the residential character of these areas. 9.902 General Provisions. 1) 2) 3) 4) 5) 6) 7) Compliance with Applicable Regulations. Any use established in a Residential District after the effective date of this Chapter shall comply with all applicable local, state and federal standards for such uses. Administration. The administration and enforcement of this Section shall be in accordance with the provisions of Section 4, Administration and Enforcement. Non-conformities. Non-conforming uses, structures, lots and signs within a Residential District shall be subject to the provisions of Section 5, Non- conformities. Compliance with General Development Standards. Any use established, expanded or modified in a Residential District after the effective date of this Chapter shall comply with the applicable provisions of Section 6, General Provisions. Compliance with Specific Development Standards. Any use established, expanded or modified in a Residential District after the effective date of this Chapter that is identified in Section 7, Specific Development Standards, shall comply with the applicable provisions of that Section. State Licensed Residential Facility. State licensed residential facilities are allowed in all residential districts pursuant to Minnesota State Statues 462.357. Prohibited Uses. Any use not listed as either permitted, conditional or accessory in a particular district or any use not determined by the Zoning Administrator to be substantially similar to a use listed as permitted, conditional or accessory shall be prohibited in that district. City of Columbia Heights Zoning and Development Ordinance - Section 9 Page 9-1 9.903 Lot Dimension, Height, and Bulk Requirements. Lot area, setback, height and lot coverage requirements for uses in the Residential Districts shall be as specified in the following table. R-I R-2 R-3 R-4 Minimum Lot Area Single Family Dwelling 8,400 sq. ff. 6~500 sq. fi. 6,500 sq. fl. 6,500 sq. ft. Two-Family Dwelling 8,400 sq. ft. 8,400 sq. ff. 8,400 sq. ff. Twinhome Dwelling 9,000 sq. ft. 9,000 sq. ft. 9,000 sq. ff. Multiple Family Dwelling 10,000 sq. ft. 10,000 sq. ff. Non-residential Structure 8,400 sq. ft. 6,500 sq. ff. 10,000 sq. ft. 10~000 sq. ff. Lot Area Per Dwelling Unit Single Family Dwelling 8,400 sq. ft. 6,500 sq. ff. 6,500 sq. ft. 6,500 sq. ff. Two Family Dwelling 4,200 sq. ft. 4,200 sq. ft. 4,200 sq. ft. Twinhome Dwelling 4,500 sq. ft. 4,500 sq. ff. 4,500 sq. ff. Multiple Family Dwelling Efficiency 1,200 sq. ff. 800 sq. ft. One bedroom 1,800 sq. ff. 1,000 sq. ft. Two bedroom 2,000 sq. ft. 1,200 sq. ff. Three bedroom 2,500 sq. ft. 1,500 sq. ff. Additional bedroom 400 sq. ff. 200 sq. ff. Congregate Living Units 400 sq. f. 400 sq. f. Minimum Lot Width 70 feet 60 feet 70 feet 70 ff. Minimum Lot Depth Residential Building Setbacks Front Yard 25 feet 25 feet 30 feet 15 feet Side Yard 7 feet* 5 feet* 20 feet 10 feet Comer Side Yard 12 feet 10 feet 30 feet 15 feet Rear Yard 20% of lot 20% of lot 30 feet 15 feet depth depth Non-residential Building Setbacks Front Yard 25 feet 25 feet 30 feet 15 feet Side Yard 40 feet 30 feet 25 feet 10 feet Comer Side Yard 12 feet I0 feet 30 feet 15 feet Rear Yard 40 feet 30 feet 25 feet 10 feet Single & Two Family Parking Setbacks Front Yard (excluding drives/pads) 25 feet 25 feet 30 feet 30 feet Side Yard 3 feet 3 feet 3 feet 3 feet Comer Side Yard 3 feet 3 feet 3 feet 3 feet Rear Yard 3 feet 3 feet 3 feet 3 feet Multiple Family Parking Setbacks Front Yard 30 feet 30 feet Side Yard 10 feet 10 feet Comer Side Yard 30 feet 30 feet Rear Yard 10 feet 10 feet Non-residential Parking Setbacks Front Yard 25 feet 25 feet 30 feet 30 feet Side Yard 10 feet 10 feet 10 feet 10 feet Comer Side Yard 25 feet 25 feet 30 feet 30 feet Rear Yard 10 feet 10 feet 10 feet 10 feet Maximum Height Residential structures 28 feet 28 feet 35 feet 35 feet Non-residential structures 35 feet 35 feet 35 feet 35 feet Non-residential Floor Area Ratio 2.2 * The side yard setback for stmeturas in excess of two (2) stories shall be increased to 10 feet. City of Columbia Heights Zoning and Development Ordinance - Section 9 Page 9-2 9.904 Zero Lot Line Setback Provisions. In thc R-2, R-3 and R-4 districts, the yard for a single family attached dwelling may be reduced to zero (0) feet, provided that the following conditions are satisfactorily met: 1) The wall of the dwelling trait shall be placed upon said property line in a manner that does not encroach upon another property. 2) The applicant records all required agreements, easements and deed restrictions against all properties that abut the zero lot line. 3) The minimum front, side and rear building setbacks shall be applied to the structure as a whole, rather than to individual units. 4) The minimum lot area requirement shall be applied by dividing the sum of the area of all parcels occupied by the structure by the total number of dwelling units. 9.905 R-l, Single Family Residential District. 1) Purpose. The purpose of the R-1 Single Family Residential District is to provide appropriately located areas for detached single family dwellings and directly related complementary uses. Permitted Uses. Except as specifically limited herein, the following uses are permitted within the R-1, Single Family Residential District: a) b) c) d) Single-family dwelling, detached. State licensed residential care facility serving 6 or fewer persons. Licensed day care facility serving 12 or fewer persons. Licensed group family day care facility serving 14 or fewer children. Public parks and playgrounds. 3) Conditional Uses. Except as specifically limited herein, the following uses may be allowed in the R-l, Single Family Residential District, subject to the regulations set forth for conditional uses in Section 4, Administration and Enforcement, and the regulations for specific uses set forth in Section 7, Specific Development Standards: a) b) c) d) e) f) Religious facility/place of worship Convent or monastery, when accessory to a religious facility. School, public or private, K-12. Government office. Government protective service facility. Golf course. City of Columbia Heights Zoning and Development Ordinance - Section 9 Page 9-3 4) Permitted Accessory Uses. Except as specifically limited herein, the following accessory uses shall be in the R-l, Single Family Residential District: a) b) c) d) e) g) h) Private garages, carports and parking spaces. Accessory buildings. Home occupations. Boarding or renting of rooms to not more than two (2) persons. Private swimming pools, tennis courts and other recreational facilities operated for the sole use and convenience of the residents of the principal use and their guests. Decorative landscaping, Gardening and other horticultural uses. Temporary construction buildings. Signs as regulated by Section 6 of this Chapter. 9.906 R-2, Two Family Residential District. Purpose. The purpose of the R-2 Two Family Residence District is to provide appropriately located areas for single-family dwellings, two family dwellings (duplexes) and directly related complementary uses. Permitted Uses. Except as specifically limited herein, the following uses are permitted within the R-2, Single Family Residential District: a) b) c) d) e) t) Single-family dwelling, detached. Two-family dwelling. Twinhome dwelling. State licensed residential care facility serving 6 or fewer persons. Licensed day care facility serving 12 or fewer persons. Licensed group family day care facility serving 14 or fewer children. Public parks and playgrounds. Conditional Uses. Except as specifically limited herein, the following uses may be allowed in the R-2, Two Family Residential District, subject to the regulations set forth for conditional uses in Section 4, Administration and Enforcement, and the regulations for specific uses set forth in Section 7, Specific Development Standards: a) Religious facility/place of worship. b) Convent or monastery, when accessory to a religious facility, c) School, public orprivate, K-12. d) Government office. e) Government protective service facility. City of Columbia Heights Zoning and Development Ordinance - Section 9 Page 9-4 f) Golf course. g) Off-street parking for an adjacent conforming commercial or industrial use, provided the lots are under common ownership, is not separated by a public right of way and front on the same public right-of-way. Permitted Accessory Uses. Except as specifically limited herein, the following accessory uses shall be in the R-2, Two Family Residential District: a) Private garages, carports and parking spaces. b) Accessory buildings. c) Home occupations. d) Boarding or renting of rooms to not more than two (2) persons. e) Private swimming pools, tennis courts and other recreational facilities operated for the sole use and convenience of the residents of the principal use and their guests. f) Decorative landscaping, Gardening and other horticultural uses. g) Temporary construction buildings. h) Signs as regulated by Section 6 of this Chapter. 9.907 1) R-3, Limited Multiple Family Residential District. Purpose. The purpose of the R-3 Limited Multiple Family Residential District is to provide appropriately located areas for small lot single family dwellings, multiple family dwellings with up to eight units per structure (town homes, condominiums and apartments), congregate living arrangements and directly related complementary uses. Permitted Uses. Except as specifically limited herein, the following uses are permitted within the R-3, Limited Multiple Family Residential District: a) Single-family dwelling, detached. b) Two-family dwelling. c) Twinhome dwelling. d) Town home dwelling with up to eight units per structure. e) Multiple family dwelling with up to eight units per structure. f) State licensed residential care facility serving 6 or fewer persons. g) Licensed day care facility serving 12 or fewer persons. h) Licensed group family day care facility serving 14 or fewer children. i) Public park and/or playground. City of Columbia Heights Zoning and Development Ordinance - Section 9 Page 9-5 3) Conditional Uses. Except as specifically limited herein, the following uses may be allowed in the R-3, Limited Multiple Family Residential District, subject to the regulations set forth for conditional uses in Section 4, Administration and Enforcement, and the regulations for specific uses set forth in Section 7, Specific Development Standards: a) Religious facility/place of worship. b) Convent or monastery, when accessory to a religious facility. c) School, public or private, K-12. d) Government office. e) Government protective service facility. f) Off-street parking for an adjacent conforming commercial or industrial use, provided the lots are under common ownership, is not separated by a public right of way and front on the same public right-of-way. g) State licensed residential care facility serving 7 to 16 persons. h) Licensed day care facility serving more than 12 persons. i) Congregate living facilities, including rooming houses, group living quarters, nursing homes, senior housing, assisted living facilities, transitional housing and emergency housing j) Bed and breakfast home, when accessory to a single-family dwelling. k) Community center. 1) Recreational facility, indoor. m) Recreational facility, outdoor. n) Day care center, adult or child. Permitted Accessory Uses. Except as specifically limited herein, the following accessory uses shall be in the R-3, Limited Multiple Family Residential District: a) Private garages, carports and parking spaces. b) Accessory buildings. c) Home occupations. d) Boarding or renting of rooms to not more than two (2) persons. e) Private swimming pools, tennis courts and other recreational facilities operated for the sole use and convenience of the residents of the principal use and their guests. f) Decorative landscaping, Gardening and other horticultural uses. g) Temporary construction buildings. h) Signs as regulated by Section 6 of this Chapter. City of Columbia Heights Zoning and Development Ordinance - Section 9 Page 9-6 9.907 R~4, Multiple Family Residential District 1) Purpose. The purpose of the Ro4 Multiple Family Residential District is to provide for appropriately located areas for high density multiple family dwellings, congregate living arrangements and directly related complementary uses. 2) Permitted Uses. Except as specifically limited herein, the following uses are permitted within the R-4, Multiple Family Residential District: a) Single-family dwelling, detached. b) Two-family dwelling. c) Twinhome dwelling. d) Town home dwelling with up to eight units per structure. e) Multiple family dwelling. 0 State licensed residential care facility serving 6 or fewer persons. g) Licensed day care facility serving 12 or fewer persons. h) Licensed group family day care facility serving 14 or fewer children. i) Public park and/or playground. 3) Conditional Uses. Except as specifically limited herein, the following uses may be allowed in the R-4, Multiple Family Residential District, subject to the regulations set forth for conditional uses in Section 4, Administration and Enfomement, and the regulations for specific uses set forth in Section 7, Specific Development Standards: a) h) c) d) e) f) g) h) i) J) l) m) Religious facility/place of worship. Convent or monastery, when accessory to a religious facility. School, public or private, K-12. School, vocational or business. Licensed day care facility serving more than 12 persons. Government office. Government protective service facility. Off-street parking for an adjacent conforming commercial or industrial use, provided the lots are under common ownership, is not separated by a public right of way and front on the same public right-of-way. State licensed residential care facility serving more than 6 persons. Congregate living facilities, including rooming houses, group living quarters, nursing homes, senior housing, assisted living facilities, transitional housing and emergency housing Bed and breakfast home, when accessory to a single-family dwelling. Community center. Recreational facility, indoor. City of Columbia Heights Zoning and Development Ordinance - Section 9 Page 9-7 4) n) o) p) Recreational facility, outdoor. Day care center, adult or child. Manufactured home park. Permitted Accessory Uses. Except as specifically limited herein, the following accessory uses shall be in the R-4, Multiple Family Residential District: a) Private garages, carports and parking spaces. b) Accessory buildings. c) Home occupations. d) Boarding or renting of rooms to not more than two (2) persons. e) Private swimming pools, tennis courts and other recreational facilities operated for the sole use and convenience of the residents of the principal use and their guests. f) Decorative landscaping, Gardening and other horticultural uses. g) Temporary construction buildings. h) Signs as regulated by Section 6 of this Chapter. city of Columbia Heights Zoning and Development Ordinance - Section 9 Page 9-8 CHAPTER 9: SECTION 10: LAND USE AND DEVELOPMENT COMMERCIAL DISTRICTS 9.1001 Purpose. The commercial districts are established to provide for a wide range of goods and services in locations throughout the community; provide employment opportunities; and enhance the livability of the community by providing convenient access to goods and services. 9.1002 General Provisions. 1) Compliance with Applicable Regulations. Any use established in a Commercial District after the effective date of this Chapter shall comply with all applicable local, state and federal standards for such uses. 2) Administration. The administration and enforcement of this Section shall be in accordance with the provisions of Section 4, Administration and Enforcement. 3) Non-conformities. Non-conforming uses, structures, lots and signs within a Commercial District shall be subject to the provisions of Section 5, Non- Conformities. 4) Compliance with General Development Standards. Any use established, expanded or modified in a Commemial District after the effective date of this Chapter shall comply with the applicable provisions of Section 6, General Development Standards. 5) Compliance with Specific Development Standards. Any use established, expanded or modified in a Commemial District after the effective date of this Chapter shall comply with the applicable provisions of Section 7, Specific Development Standards. 6) Prohibited Uses. Any use not listed as either permitted, conditional or accessory in a particular district or any use not determined by the Zoning Administrator to be substantially similar to a use listed as permitted, conditional or accessory shall be prohibited in that district. city of Columbia Heights Zoning and Development Ordinance - Section 10 Page 10-1 9.1003 Lot Dimension, Height, and Bulk Requirements. Lot area, setback, height and lot coverage requirements for uses in the Commercial Districts shall be as specified in the following table. LB GB CBD Minimum Lot Area 6,000 sq. ft. 6,000 sq. ft. Minimum Lot Width 50 feet 40 feet 20 feet Minimum Lot Depth Lot Area Per Dwelling Unit Single Family Dwelling 6,500 sq. ft. Multiple Family Dwelling Efficiency 1,200 sq. ft. 17200 sq. ft. One bedroom 1,800 sq. ft. 1,800 sq. ft. Two bedroom 2,000 sq. ft. 2,000 sq. ft. Three bedroom 2,500 sq. ft. 2,500 sq. ft. Additional bedroom 400 sq. ft. 400 sq. ft. Congregate Living Units 400 sq. ft. 400 sq. ft. Hotel or motel 400 sq. ft. Hospital 600 sq. ft. Building Setback Requirements Front Yard 12 feet 15 feet 1 foot Side Yard 15 feet None None Comer Side Yard 10 feet 15 feet 1 foot Rear Yard 20 feet 20 feet 10 feet Parking Setback Requirements Front Yard 12 feet 15 feet 1 foot Side Yard 5 feet 5 feet None Comer Side Yard 12 feet 15 feet 1 foot Rear Yard 5 feet 5 feet 5 feet Maximum Height 35 feet 35 feet Maximum Lot Coverage Floor Area Ratio 1.0 6.0 9.1004 LB, Limited Business District 1) Purpose. The purpose of the LB, Limited Business District is to provide appropriate locations for limited retail sales and services for the convenience of adjacent residential neighborhoods. These areas are located along collector or arterial roadways in close proximity to residential neighborhoods, arranged and designed to be a functional and harmonious part of the neighborhood, and accessible by public sidewalks or trails as well as by roadways. 2) Permitted Uses. Except as specifically limited herein, the following uses are permitted within the LB, Limited Business District. a) Multiple family dwelling. b) Government office. c) Government protective service facility. d) Public park and/or playground. City of Columbia Heights Zoning and Development Ordinance - Section 10 Page 10-2 e) 0 g) h) i) J) Clinic, medical or dental. Clinic, veterinary. Funeral home. Office, not exceeding 4,000 square feet in area. Studio, professional. Service, professional. 3) Conditional Uses. Except as specifically limited herein, the following uses may be allowed in the LB, Limited Business District, subject to the regulations set forth for conditional uses in Section 4, Administration and Enforcement, and the regulations for specific uses set forth in Section 7, Specific Development Standards: a) b) c) d) e) 0 g) h) i) J) k) 1) m) n) o) P) q) r) s) Religious facility/place of worship. Convent or monastery, when accessory to a religious facility. School, public or private, K-12. School, vocational or business. School, performing/visual/martial arts. Licensed day care facility, child or adult. Government maintenance facility. State licensed residential care facility. Congregate living facility, including rooming houses, group living quarters, nursing homes, senior housing, assisted living facility, traditional housing and emergency housing. Bed and breakfast home, when accessory to a single-family dwelling. Community center. Recreational facility, indoor. Recreational facility, outdoor. Single family dwelling, when accessory to a commercial use. Food service, limited (coffee shop/deli). Hospital. Museum/gallery. Retail sales, not exceeding 2,500 square feet in area. Hotel or motel. 4) Permitted Accessory Uses. Except as specifically limited herein, the following accessory uses shall be permitted in the LB, Limited Business District: b) c) d) Private garages, parking spaces and loading areas. Accessory buildings. Private swimming pools, tennis courts and other recreational facilities operated for the sole use and convenience of the residents of the principal use and their guests. Landscaping and other horticultural uses. City of Columbia Heights Zoning and Development Ordinance - Section 10 Page 10-3 e) Temporary construction buildings. f) Signs as regulated by Section 6 of this Chapter. 9.1005 GB, General Business District. 1) Purpose. The purpose of the GB General Business District is to provide appropriate locations for general retail sales, services and other commercial developments that benefit from their proximity to other commercial uses. These areas are located away from residential neighborhoods, along arterial roadways and are accessible primarily by automobile. 2) Permitted Uses. Except as specifically limited herein, the following uses are permitted within the GB, General Business District: a) Community center. b) Government office. c) Government protective service facility. d) Public park and/or playground. e) Recreational facility, indoor. f) Recreational facility, outdoor. g) School, vocational or business. h) School, performing/visual/martial arts. i) Auditorium/place of assembly. j) Automobile convenience facility. k) Automobile repair, minor. 1) Automobile sales/rental. m) Banquet hall. n) Billiards hall. o) Bowling alley. p) Car wash. q) Clinic, medical or dental. r) Clinic, veterinary. s) Day care facility, adult or child. t) Financial institution. u) Food service, convenience (fast food). v) Food service, limited (coffee shop/deli) w) Food service, full service (restaurant/nightclub). x) Funeral home. y) Greenhouse/garden center. z) Health or fitness club. aa) Hotel/motel. bb) Laboratory, medical. cc) Liquor store, off-sale. dd) Museum or gallery. City of Columbia Heights Zoning and Development Ordinance - Section 10 Page 10-4 ee) Office. fl) Recreational vehicle sales. gg) Retail sales. hh) Service, professional. ii) Shopping center. jj) Studio, professional. kk) Studio, radio and television. 11) Theater, live performance. mm) Theater, movie. 3) Conditional Uses. Except as specifically limited herein, the following uses may be allowed in the GB, General Business District, subject to the regulations set forth for conditional uses in Section 4, Administration and Enforcement, and the regulations for specific uses set forth in Section 7, Specific Development Standards: a) b) c) d) e) f) g) h) i) J) k) l) m) n) Government maintenance facility. Arcade. Firearms dealer/Shooting range Hospital. Outdoor sales or display. Outdoor storage. Parking ramp. Assembly, manufacturing and/or processing. Printing and/or publishing. Consignment/Secondhand store. Club or lodge Currency exchange. Pawnshop. Drop-in Facility 4) Permitted Accessory Uses. Except as specifically limited herein, the following accessory uses shall be permitted in the GB, General Business District: a) b) c) d) Private garages, parking spaces and loading areas. Accessory buildings. Landscaping and other horticultural uses. Incidental repair or processing necessary to conduct the permitted principal use, provided the accessory use does not exceed 30 pement of the floor area. Temporary construction buildings. Signs as regulated by Section 6 of this Chapter. 9.1006 CBD, Central Business District. City of Columbia Heights Zoning and Development Ordinance - Section 10 Page 10-5 1) Purpose. The purpose of the CBD, Central Business District is to provide for the development and redevelopment of the established downtown core, including a mix of retail, financial, office, service and entertainment uses. Residential units are allowed within this district when located above a first floor commercial use. 2) Permitted Uses. Except as specifically limited herein, the following uses are permitted within the CBD, Central Business District: b) e) d) f) g) h) i) J) k) l) m) n) o) P) q) r) s) t) u) v) w) x) y) z) aa) bb) cc) dd) ce) fi) Multiple family residential, when located above a first floor commercial use. Community center. Government offices. Government protective services facility. Public parks and/or playgrounds. Recreational facility, indoor. Recreational facility, outdoor. School, vocational or business. School, performing/visual/martial arts. Auditorium/place of assembly. Banquet hall. Billiards hall. Bowling alley. Clinic, medical or dental. Clinic, veterinary. Licensed day care facility, adult or child. Financial institution. Food service, convenience (fast food). Food service, limited (coffee shop/deli). Food service, full service (restaurant/nightclub). Health or fitness center. Hotel or motel. Laboratory, medical. Liquor store, off-sale. Museum or gallery. Office. Retail sales. Service, professional. Studio, professional. Studio, radio or televisions. Theater, live performance. Theater, move. 3) Conditional Uses. Except as specifically limited herein, the following uses may be allowed in the CBD, Central Business District, subject to the City of Columbia Heights Zoning and Development Ordinance - Section 10 Page 10-6 4) regulations set forth for conditional uses in Section 4, Administration and Enforcement, and the regulations for specific uses set forth in Section 7, Specific Development Standards: a) b) c) d) e) 0 g) Government maintenance facility. Arcade. Automobile repair, minor. Outdoor sales and/or display. Outdoor storage. Parking ramp. Club or lodge Permitted Accessory Uses. Except as specifically limited herein, the following accessory uses shall be permitted in the CBD, Central Business District: a) b) c) d) e) Private garages, parking spaces and loading areas. Landscaping and other horticultural uses. Incidental repair or processing necessary to conduct the permitted principal use, provided the accessory use does not exceed 30 percent of the floor area. Temporary construction buildings. Signs as regulated by Section 6 of this Chapter. City of Columbia Heights Zoning and Development Ordinance - Section 10 Page 10-7 CHAPTER 9: SECTION 11: LAND USE AND DEVELOPMENT INDUSTRIAL DISTRICTS 9.1101 Purpose. The industrial districts are established to enhance the community's tax base; provide employment opportunities; and accommodate industrial development while maintaining compatibility with surrounding areas. 9.1102 General Provisions. Compliance with Applicable Regulations. Any use established in an Industrial District after the effective date of this Chapter shall comply will all applicable local, state and federal standards for such uses. Administration. The administration and enforcement of this Section shall be in accordance with the provisions of Section 4, Administration and Enfomement. Non-conformities. Non-conforming uses, structures, lots and signs within an Industrial District shall be subject to the provisions of Section 5, Non- conformities. Compliance with General Development Standards. Any use established, expanded or modified in an Industrial District after the effective date of this Chapter shall comply with the applicable provisions of Section 6, General Development Standards. 5) Compliance with Specific Development Standards. Any use established, expanded or modified in an Industrial District after the effective date of this Chapter that is identified in Section 7, Specific Development Standards, shall comply with the applicable provisions of that Section. 6) Prohibited Uses. Any use not listed as either permitted, conditional or accessory in a particular district or any use not determined by the Zoning Administrator to be substantially similar to a use listed as permitted, conditional or accessory shall be prohibited in that district. city of Columbia Heights Zoning and Development Ordinance - Section 11 Page 11-1 9.1103 Lot Dimension, Height, and Bulk Requirements. Lot area, setback, height and lot coverage requiremems for uses in the Industrial Districts shall be as specified in the following table. I-1 I-2 Minimum Lot Area 10,000 sq. ft. 10,000 sq. ft. Minimum Lot Width 80 feet 80 feet Minimum Lot Depth Building Setback Requirements Front Yard 20 feet 20 feet Side Yard 12 feet 12 feet Comer Side Yard 15 feet 15 feet Rear Yard 24 feet 24 feet Parking Setback Requirements Front Yard 20 feet 20 feet Side Yard 5 feet 5 feet Comer Side Yard 20 feet 20 feet Rear Yard 5 feet 5 feet Maximum Height Maximum Lot Coverage Floor Area Ratio 1.0 1.0 9.1104 I-1, Light Industrial District. 1) Purpose. The purpose of the I-1, Light Industrial District is to provide appropriate locations for industrial enterprises engaged in activities such as assembly, storage, warehousing and light manufacturing and further processing of materials first handled by general industry. These areas are located with easy access to arterial roadways and should be separated from residential uses by natural or manmade barriers. 2) Permitted Uses. Except as specifically limited herein, the following uses are permitted within the I-1, Light Industrial District: a) b) c) d) e) t) g) h) i) J) k) l) m) Community center. Government office. Government maintenance facility. Government protective service facility. Public park and/or playground. Recreational facility, indoor. Recreational facility, outdoor. Automobile repair, major. Automobile repair, minor. Laboratory, medical. Office. Studio, radio or television. Assembly, manufacturing and/or processing. city of Columbia Heights Zoning and Development Ordinance - Section 11 Page 11-2 n) o) p) q) r) s) t) u) v) w) Freight terminal. Maintenance facility. Office/showroom. Office/warehouse. Printing and/or publishing. Self-service storage facility. Warehousing and/or distribution. Pawnshops. Tattoo shops. Body piercing shops. 3) Conditional Uses. Except as specifically limited herein, the following uses may be allowed in the I-1, Light Industrial District, subject to the regulations set forth for conditional uses in Section 4, Administration and Enforcement, and the regulations for specific uses set forth in Section 7, Specific Development Standards: a) b) c) d) e) 0 g) Caretaker's residence. Outdoor sales and/or display. Outdoor storage. Parking ramp. Concrete, asphalt or rock crushing operation. Salvage operation/Transfer station Adult Enterta'mment Use 4) Permitted Accessory Uses. Except as specifically limited herein, the following accessory uses shall be permitted in the I-2, Light Industrial District: a) b) c) d) Off-street parking and loading areas. Landscaping and other horticultural uses. Temporary construction buildings. Signs as regulated by Section 6 of this Chapter. 9.1105 I-2, General Industrial District 1) Purpose. The purpose of the 1-2, General Industrial District is to provide appropriate locations for industrial enterprises engaged in activities such as manufacturing, processing, assembly, storage and warehousing, which, because of their size and/or nature, require isolation from non-industrial uses. These areas are located with easy access to arterial roadways or railroads and should be separated from non-industrial uses by natural or manmade barriers. City of Columbia Heights Zoning and Development Ordinance - Section 11 Page 11-3 2) Permitted Uses. Except as specifically limited herein, the following uses are permitted within the I-2, General Industrial District: a) b) c) d) e) f) g) h) i) J) k) l) m) n) o) P) q) r) s) t) u) v) w) Community center. Government office. Government maintenance facility. Government protective service facility. Public park and/or playground. Recreational facility, indoor. Recreational facility, outdoor. Automobile repair, major. Automobile repair, minor. Laboratory, medical. Office. Studio, radio or television. Assembly, manufacturing and/or processing. Freight terminal. Maintenance facility. Office/showroom. Office/warehouse. Printing and/or publishing. Self-service storage facility. Warehousing and/or distribution. Pawnshops. Tattoo shops. Body piercing shops. 3) Conditional Uses. Except as specifically limited herein, the following uses may be allowed in the I-2, General Industrial District, subject to the regulations set forth for conditional uses in Section 4, Administration and Enfomement, and the regulations for specific uses set forth in Section 7, Specific Development Standards: a) b) c) d) e) 0 g) Caretaker's residence. Outdoor sales and/or display. Outdoor storage. Parking ramp. Concrete, asphalt or rock crushing operation. Salvage operation/Transfer station. Adult Entertainment Use 4) Permitted Accessory Uses. Except as specifically limited herein, the following accessory uses shall be permitted in the I-2, Light Industrial District: a) Off-street parking and loading areas. City of Columbia Heights Zoning and Development Ordinance - Section 11 Page 11-4 b) c) d) Landscaping and other horticultural uses. Temporary construction buildings. Signs as regulated by Section 6 of this Chapter. City of Columbia Heights Zoning and Development Ordinance - Section 11 Page 11-5 CHAPTER 9: SECTION ~2: LAND USE DEVELOPMENT MIXED-USE DEVELOPMENT DISTRICT 9.1201 Purpose. The purpose of the MXD Mixed Use Development District is to promote efficient use of existing City infrastructure; ensure sensitivity to surrounding neighborhoods; create linkages between compatible areas of the City; provide appropriate transitions between uses; ensure high quality design and architecture; create good pedestrian circulation and safety; promote alternative modes of transportation; and increase the quality of life and community image of Columbia Heights. The intent of this district is to encourage a flexible high- quality design strategy for development and/or redevelopment of specific areas within the community. 9.1201 General Provisions. Application of District. The Mixed Use Development District shall only be applied to those areas identified as being within one of three mixed-use districts in the City's Comprehensive Plan. Compliance with Applicable Regulations. Any use established in Mixed Use District after the effective date of this Chapter shall comply with all applicable local, state and federal standards for such uses, unless specifically modified by the approved development agreement. Administration. The administration and enforcement of this Section shall be in accordance with the provisions of Section 4, Administration and Enfomement. Development proposals for a mixed-use development shall require a zoning amendment and site plan review and approval. Development proposals for a mixed-use development may also require the re-subdivision of land. Development Agreement. A development agreement is required as part of the final mixed-use development approval. The development agreement shall address approved site and building design criteria, approved sign locations and design criteria, construction phasing, and bonding or other financial surety for construction of on- and off-site improvements. 9.1202 Mixed Use Development District Types. The City's Comprehensive Plan identifies three distinct mixed-use development opportunities with the City. 1) Transit Oriented Mixed-Use. The purpose of the Transit-Oriented Mixed Use is to promote development and redevelopment that facilitates linkages and interaction of transit services, housing and neighborhood services. The focus of land use within this district is to ensure a pedestrian friendly City of Columbia Heights Zoning and Development Ordinance - Section 12 Page 12-1 environment and pedestrian connections to and from residential development and transit facilities. The mix of land use shall be 60 percent service oriented commercial/retail and 40 percent high density residential development (12 units/acre minimum) Community Center Mixed-Use. The purpose of the Community Center Mixed-Use is to encourage a mix of land use and redevelopment located near the existing City Hall and other City offices and to strengthen the community image of Columbia Heights. Commemial/retail uses will be service-oriented and at a neighborhood scale. Residential uses will be medium to high density (6 units/acre minimum). The mix of land use shall be flexible to help facilitate a successful development. The minimum floor area of any land use shall be 20-percent and the maximum floor area of any land use shall be 80-percent. Transitional Mixed-Use. The purpose of the Transitional Mixed-Use is to target redevelopment opportunities along the 40th Avenue corridor and provide opportunities to strengthen the connection between the downtown commercial core and City offices adjacent to Huset Park. The mix of land use shall consist of 60 percent medium to high density residential (12 units/acre minimum) and 40 percent office and/or commercial/retail. Land use should complement and strengthen the current residential character of the area and provide new opportunities for service oriented development. Commercial/retail uses should not compete with the downtown core and therefore primarily serve local residents. 9.1203 Uses. Mixed-use developments shall contain at least two of the following three land use categories: Residential Uses. All permitted, conditional, and permitted accessory residential uses identified in Section 9, Residential Districts, and Section 10, Commercial Districts, which are consistent with the Comprehensive Plan shall be treated as potentially allowable uses within the Mixed Use Development District. Commercial Uses. All permitted, conditional, and permitted accessory commercial uses identified in Section 10, Commercial Districts, which are consistent with the Comprehensive Plan shall be treated as potentially allowable uses within the Mixed Use Development District. Institutional Uses: All permitted, conditional, and accessory institutional uses identified in Section 9, Residential Districts, and Section 10, Commercial Districts, which are consistent with the Comprehensive Plan shall be treated as potentially allowable uses within the Mixed Use Development District. City of Columbia Heights Zoning and Development Ordinance - Section 12 Page 12-2 9.1204 Performance Standards. The following performance standards shall be applied to all mixed-use developments. 1) The minimum size of a mixed-use development shall be five (5) acres. 2) The maximum non-residential density is 6.0 FAR and the maximum residential density is 20 units/acre. Maximum densities may be increased by up to 50 pement at the sole discretion of the City Council if one of more of the following are provided: a) b) c) d) At least 50% of the required parking is provided by underground parking or parking in ramps; Housing is provided above ground floor retail/service commemial and the total floor area of the housing is at least twice the floor area of the retail/service commercial use; Office space is provided above ground floor retail/service commercial and the total floor area of the office space is at least twice the floor area of the retail/service commercial use; At least 50% of the building ground coverage is concentrated in stmctures four (4) or more stories in height, thereby conserving open space within the mixed-use development area. 3) The design of the mixed-use development is sensitive to adjacent usable open space and includes design of pedestrian/bicycle connections to enhance existing cimulation patterns. 4) Building setbacks shall be regulated by the final site plan and development agreement approved by the City Council, based on the following findings: a) b) The setbacks provided adequate distances from uses in adjacent districts. The setbacks maintain and enhance the character of the neighborhood in which the mixed-use development is located. 5) Cumulative parking requirements may be reduced by up to 30% of required spaces at the sole discretion of the Council if one or more of the following are provided: a) Joint or shared parking arrangements between uses; b) Proof of parking; c) Car/van pooling and/or provision of employee or resident transit passes. d) Superior pedestrian, bicycle and/or transit access. 6) Buildings shall be oriented to the street or a common open area with minimal setbacks. City of Columbia Heights Zoning and Development Ordinance - Section 12 Page 12-3 7) S) 9) Building facades shall be varied to create visual interest. All trash handling and loading areas shall be interior or utilize architectural screening of the same exterior materials as the principal building(s). Signage shall be allowed in conformance with the approved site plan and development agreement, and reflect the following standards: a) Pylon signs are prohibited; b) Freestanding monument signs shall utilize the same exterior materials as the principal building(s). City of Columbia Heights Zoning and Development Ordinance - Section 12 Page 12-4 CHAPTER 9: SECTION 13: LAND USE AND DEVELOPMENT OVERLAY DISTRICTS 9.1301 General Provisions Purpose. Overlay districts are established in recognition of the unique characteristics of land and land use within certain parts of the City, including those properties within flood-prone areas and shoreland areas. Overlay districts are further intended to protect the public health, safety, and welfare by preserving environmentally sensitive and unique areas of the community. Relationship to Other Applicable Regulations. Property located within an overlay district shall be subject to the provisions of both the primary zoning district and the overlay district. Where the provisions of the primary zoning district and the overlay zoning district are in conflict, the most restrictive provisions shall govern. Establishment of Boundaries. Overlay district boundaries shall be as specified in the individual overlay district regulations. Establishment of Overlay District. The following overlay districts are established: a) b) Floodplain Management Overlay District Shoreland Management Overlay District 9.1302 Floodplain Management Overlay District Purpose. The flood hazard areas of the City are subject to periodic inundation which results in potential loss of life, loss of property, health and safety hazards, disruption of commerce and governmental services, extraordinary public expenditures for flood protection and relief, and impairment of the tax base, all of which adversely affect the public health, safety and general welfare. It is the purpose of this Section to promote the public health, safety, and general welfare and to minimize losses to public and private property by the provisions contained herein. Statutory Authorization. Minnesota Statutes, Chapters 103F and 462, delegate responsibility to local units of government to adopt regulations designed to minimize flood losses City of Columbia Heights Zoffmg and Development Ordinance - Section 13 Page 13-1 Methods Used to Analyze Flood Hazards - This Section is based upon a reasonable method of analyzing flood hazards, which is consistent with the standards established by the Minnesota Department of Natural Resources. Existence of Potential Flood Hazards. The flood hazard areas of the City are subject to periodic inundation which results in potential loss of life, loss of property, health and safety hazards, disruption of commerce and governmental services, extraordinary public expenditures for flood protection and relief, and impairment of the tax base. Applicability. This Section shall apply to all lands within the City shown on the Official Zoning Map as being located within the boundaries of the Floodway, Flood Fringe, or General Flood Plain Overlay Districts. Establishment of Official Zoning Map The Official Zoning Map together with all explanatory materials thereon, and attached thereto is hereby adopted by reference The explanatory material shall include the Flood Insurance Study for the City prepared by the Federal Insurance Administration dated March, 1978, and the Flood Boundary and Floodway Maps and Flood Insurance Rate Maps therein. Regulatory Flood Protection Elevation The Regulatory Flood Protection Elevation shall be an elevation no lower than one foot above the elevation of the regional flood plus any increases in flood elevation caused by encroachments on the flood plain. The regulatory flood protection elevation within the Floodway and Flood Fringe Districts shall be established by adding one foot to the Base Flood Water Surface elevations listed in the Floodway Data Table contained in the Flood Insurance Study. Regulatory flood protection elevations between cross sections shall be interpolated. b) The regulatory flood protection elevation within the General Flood Plain District shall be calculated by a qualified registered professional engineer 8) Interpretation. In their interpretation and application, the provisions of this Section shall be held to be minimum requirements and shall be liberally construed in favor of the governing body and shall not be deemed a limitation or repeal of any other powers granted by State Statutes. City of Columbia Heights Zoning and Development Ordinance - Section 13 Page 13-2 10) 12) b) The boundaries of the zoning districts shall be determined by scaling distances on the Official Zoning Map. Where interpretation is needed as to the exact location of the boundaries of the district as shown on the Official Zoning Map, as for example where there appears to be a conflict between a mapped boundary and actual field conditions, the Board of Adjustment shall make the necessary interpretation based on the applicable base flood water surface elevation data contained in the flood insurance study, subject to appeal to the City Council in the manner provided for conditional uses. The person contesting the location the district boundary shall be given a reasonable oppommity to present his case to the Board and to submit technical evidence if he so desires. Compliance. No structure or land shall hereafter be used and no structure shall be located, extended, converted, or structurally altered without full compliance with the terms of this Section and other applicable regulations that apply to uses within the jurisdiction of this Section. Abrogation and Greater Restrictions. It is not intended by this Section to repeal, abrogate, or impair any existing easements, covenants, or deed restrictions. However, where this Section imposes greater restrictions, the provisions of this Article shall prevail. Warning and Disclaimer of Liability. This Section does not imply that areas outside the flood pla'm districts or land uses permitted within such districts will be free from flooding or flood damages. This Section shall not create liability on the part of the City or any officer or employee thereof for any flood damages that result from reliance on this Section or any administrative decision lawfully made thereunder. Districts. The flood plain areas within the jurisdiction of this Ordinance are hereby divided into three Districts: Floodway District (FW), Flood Fringe District (FF) and General Flood Plain District (GFP). The boundaries of these districts shall be shown on the Official Zoning Map. Within these districts, all uses not allowed as permitted uses or permissible as conditional uses are prohibited. Floodway District. The Floodway District shall include those areas designated as floodway in the Flood Insurance Study. Flood Fringe District. The Flood Fringe District shall include those areas designated as floodway fringe in the Flood Insurance Study. city of Columbia Heights Zoning and Development Ordinance - Section 13 Page 13-3 General Flood Plain District. The General Flood Plain District shall include those areas designated as unnumbered A Zones by the Flood Insurance Study. 13) Floodway District (FW) Permitted Uses. The following uses have a low flood damage potential and do not obstruct flood flows. These uses shall be permitted within the Floodway District to the extent that they are not prohibited by any other Ordinance and provided they do not require structures, fill, or storage of materials, or equipment. In addition, no use shall adversely affect the capacity of the channels or floodways or any tributary to the main stream or of any drainage ditch, or any other drainage facility or system. Agricultural uses such as general fanning, pasture, grazing, out-door plant nurseries, horticulture, track farming, forestry, sod fanning, and wild crop harvesting. Industrial-Commercial uses such as loading areas, parking areas, and airport landing strips. Private and public recreational uses such as golf courses, tennis courts, driving ranges, archery ranges, picnic grounds, boat launching ramps, swimming areas, parks, wildlife and nature preserves, game farms, fish hatcheries, shooting preserves, target ranges, trap and skeet ranges, hunting and fishing areas, and hiking horseback riding trails. Residential uses such as lawns, gardens, parking areas, and play areas. b) Conditional Uses. The following open space uses require accessory structures (temporary or permanent), or fill or storage of materials or equipment. These uses may be permitted in the Floodway District only after the issuance of a Conditional Use Permit. These uses are also subject to the provisions that apply to all Floodway Conditional Uses. 2. 3. 4. Structures accessory to open space; Placement of fill; Extraction of sand, gravel and other materials; Marinas, boat rentals, docks, piers, wharves, and water control structures; city of Columbia Heights Zoning and Development Ordinance - Section 13 Page 13-4 c) Railroads, streets, bridges, utility transmission lines and pipelines; Storage yards for equipment, machinery or materials; Other uses similar in nature to uses those described herein that are consistent with the provisions set out in this Section. Standards for Floodway Conditional Uses: All Uses. No structure (temporary or permanent), fill (including fill for roads and levees), deposit, obstruction, storage of materials, or equipment, or other uses may be allowed as Conditional Uses which, acting alone or in combination with existing or reasonably anticipated future uses, adversely affects the capacity of the floodway or increases flood heights. In addition, all floodway Conditional Uses shall be subject to the standards contained in this Section. 2. Fill (i) Any fill deposited in the floodway shall be no more than the minimal amount necessary to conduct an identified Conditional Use. Generally fill shall be limited to that needed to grade or landscape for that use and shall not in any way further obstruct the flow of flood waters. (ii) Spoil from dredging or sand and gravel operations shall not be deposited in the floodway unless it can be done in accordance with this Section. (iii) Fill shall be protected from erosion by vegetative cover, Accessory Structures (temporary or permanent) permitted as Conditional Uses: Accessory structures shall not be designed for human habitation; 2. Accessory structures shall have a low flood damage potential; City of Columbia Heights Zoning and Development Ordinance - Section 13 Page 13-5 Accessory structures, if permitted, shall be constructed and placed on the building site so as to offer the minimum obstruction to the flow of flood waters. Whenever possible, structures shall be constructed with the longitudinal axis parallel to the direction of flood flow, and, so far as practicable, structures shall be placed approximately on the same flood flow lines as those of adjoining structures; Accessory structures shall be flood proofed in accordance with the State Building Code. e) Storage of materials and equipment: The storage of processing materials that are in time of flooding buoyant, flammable, explosive, or could be injurious to human, animal, or plant life is prohibited. Storage of other materials or equipment may be allowed if readily removable from the area within the time available after flood waming. f) Structural Work for Flood Control. Structural works for flood control such as dams, levees, dikes, and floodwalls shall be allowed only upon issuance of a Conditional Use Permit. In addition, any proposed work in the beds of public waters which will change the course, current, or cross-section of the waters shall be subject to the provisions of Minnesota Statutes 1976, c. 105, and other applicable statutes. 14) Flood Fringe District (FF) Permitted Uses. The following uses shall be permitted uses within the Flood Fringe District to the extent that they are not prohibited by any other Ordinance: Agricultural uses such as general farming, pasture, grazing, out-door plant nurseries, horticulture, truck farming, forestry, sod farming, and wild crop harvesting. Industrial-Commercial uses such as loading areas, parking areas, and a'llpOrt landing strips. 3. Private and public recreational uses such as golf courses, tennis courts, driving ranges, archery ranges, picnic grounds, boat launching ramps, swimming areas, parks, City of Columbia Heights Zoning and Development Ordinance - Section 13 Page 13-6 wildlife and nature preserves, game farms, fish hatcheries, shooting preserves, target ranges, trap and skeet ranges, hunting and fishing areas, and hiking horseback riding trails. Residential uses such as lawns, gardens, parking areas, and play areas, Residence and other structures constructed on fill so that the basement floor or first floor, if there is no basement, is at or above the regulatory flood protection elevation. The finished fill elevation shall be no lower than one (1) foot below the regulatory flood protection elevation and shall extend at such elevation at least fifteen (15) feet beyond the limits of any structure or building erected thereon. Fill shall be compacted and the slopes shall be protected by tip rap or vegetative coveting. No use shall be permitted which will adversely affect the capacity of channels or floodways of any tributary to the main system, or of any drainage ditch, or any other drainage facility or system. b) Conditional Uses, Other uses are permitted only upon application to the Zoning Administrator and the issuance of a Conditional Use Permit and subject to the following provisions: Residences. Where existing streets, utilities and small lot sizes preclude the use of fill, other methods of elevating the first floor (including basements) above the regulatory flood protection elevation may be authorized provided that the residence is flood-proofed in accordance with the State Building Code. Other Structures. Commercial, manufacturing and industrial structures shall ordinarily be elevated on fill so that their first floor (including basement) is above the regulatory flood protection elevation but may, in special circumstances, be flood-proofed in accordance with the State Building Code. Structures that are not elevated to above the regulatory flood protection elevation shall be flood-proofed to FP-1 or FP-2 classification as defined by the State Building Code. Structures flood-proofed to FP-3 or FP-4 classification shall not be permitted. c) Standards for Flood Fringe Uses. City of Columbia Heights Zoning and Development Ordinance - Section 13 Page 13-7 Residential Uses. Residences that do not have vehicular access at or above elevation not more than two feet below the regulatory flood protection elevation shall not be permitted unless granted a variance by the Board of Adjustment. In granting a variance, the Board shall specify limitations on the period of use or occupancy of the residence. Commercial Uses. Accessory land uses, such as yards, raikoad tracks, and parking lots may be at elevations lower than the Regulatory Flood Protection Elevation. However, a permit for such facilities to be used by the general public shall not be granted, in the absence of a flood warning system that provides adequate time for evacuation if the area is inundated to a depth greater than two feet or subject to flood velocities greater than four feet per second upon the occurrence of the regional flood. Manufacturing and Industrial Uses. Measures shall be taken to minimize interference with normal plant operations especially for streams having protracted flood durations. Certain accessory land uses such as yards and parking lots may be at lower elevations subject to requirements set out above. In considering permit applications, due consideration shall be given to needs of an industry whose business requires that it be located in flood plain areas. 15) General Flood Plain District (FP) Permitted Uses. Permitted uses shall include all those uses permitted in the Floodway District and the Flood Fringe District. b) Conditional Uses. All other uses are Conditional Uses and are permitted only upon the issuance of a conditional use permit. The General Flood Plain District includes both floodway and flood fringe areas. The City Council shall determine whether the proposed use is in the floodway or flood fringe. Based upon the City Council's determination, the appropriate regulations shall apply. 16) Subdivisions. No land shall be subdivided which is held unsuitable by the City Council for reason of flooding, inadequate drainage, or inadequate water supply or sewage treatment facilities. All lots within the flood plain districts shall contain a building site at or above the regulatory flood City of Columbia Heights Zoning and Development Ordinance - Section 13 Page 13-8 protection elevation. All subdivisions shall have water and sewage disposal facilities that comply with the provisions of this Section and have road access no lower than two feet below the regulatory flood protection elevation. 17) Public Utilities, Railroads, Roads and Bridges Public Utilities. All public utilities and facilities such as gas, electrical, sewer, and water supply systems to be located in the flood plain shall be flood-proofed in accordance with the State Building Code or elevated to above the Regulatory Flood Protection Elevation b) Railroads, Roads and Bridges. Railroad tracks, roads and bridges to be located within the floodway shall comply with of this Section. In all flood plain districts, elevation to the regulatory flood protection elevation shall be provided where failure or interruption of these transportation facilities would result in danger to the public health or safety or where such facilities are essential to the orderly functioning of the area. Minor or auxiliary roads or railroads may be constructed at a lower elevation where failure or interruption of service would not endanger the public health or safety. 18) Mobile Homes and Mobile Home Parks New mobile home parks and expansions to existing mobile home parks shall be subject to the provisions of this Section. b) Mobile homes in existing mobile home parks that are located in flood plain districts may be replaced only if in compliance with the following conditions: 1. The mobile home lies in the Flood Fringe District; The mobile home is anchored with tiedowns that comply with requirements of Minnesota Regulations Moll 450; The mobile home owner or remer is notified that the mobile home site lies in the flood plain and may be subject to flooding; The mobile home park owner develops a flood emergency plain consistent with the time available after a flood warning. City of Columbia Heights Zoning and Development Ordinance - Section 13 Page 13-9 c) Individual mobile homes not located in mobile home parks may be permitted if allowed by other applicable ordinances and if they comply with the provisions of this Section. 19) Water Supply and Waste Disposal Within flood-prone areas, new and replacement water supply systems shall be designed to minimize or eliminate infiltration of flood waters into the systems. b) Within flood-prone areas, new and replacement sanitary sewage systems shall be designed to minimize or eliminate infiltration of flood waters into the systems and discharges from the systems in flood waters. c) On-site waste disposal systems shall be located to avoid impairment to them or contamination from them during flooding. 20) Administration Zoning Administration. The Zoning Administrator shall administer and enforce this Section. b) Use Permit: Use Permit Required. A Use Permit issued by the Zoning Administrator in conformity with the provisions of this Section shall be secured prior to the erection, addition, or alteration of any building, structure, or portion thereof; prior to the use or change of use of a building, structure, or land; prior to the change of extension of a nonconforming use; and prior to the placement of fill or excavation of materials within the flood plain. Application for Use Permit. Application for a Use Permit shall be made to the Zoning Administrator and shall include the following where applicable: plans in duplicate drawn to scale, showing the nature, location, dimensions, and elevations of the lot; existing or proposed structures, fill, or storage of materials; and the location of the foregoing in relation to the channel. State and Federal Permits. Prior to granting a Use Permit or processing an application for a Conditional Use Permit or Variance, the Zoning Administrator shall determine that the applicant has obtained all necessary State and Federal permits. City of Columbia Heights Zoning and Development Ordinance - Section 13 Page 13-10 Certificate of Zoning Compliance for New, Altered or Nonconforming Uses. It shall be unlawful to use, occupy or permit the use or occupancy of any building or premises, or both, or part thereof hereafter created, erected, changed, converted, or wholly or partly altered or enlarged in its use or structure until a Certificate of Zoning Compliance shall have been issued therefore by the Zoning Administrator stating that the use of the building or land conforms to the requirements of this Section. Where a nonconforming use or structure is extended or substantially altered, the Certificate of Zoning Compliance shall specifically state the manner in which the nonconforming structure or use differs from the provisions of this Section. Construction and Use to be as Provided in Applications, Plans, Permits and Certificates of Zoning Compliance. Use Permits, Conditional Use Permits or Certificates of Zoning Compliance issued on the basis of approved plans and applications authorize only the use, arrangement and construction set forth in such approved plans and applications, and no other use, arrangement, or construction. Any use, arrangement, or construction at variance with that authorized shall be deemed violation of this Section. The applicant shall be required to submit certification by a registered professional engineer, registered architect, or registered land surveyor that the finished fill and building elevations were accomplished in compliance with the provisions of this Section. Flood- proofing measures shall be certified by a registered professional engineer or registered architect. Record of First Floor Elevation. The Zoning Administrator shall maintain a record of the elevation of the first floor (including basement) of all new structures or additions to existing structures in the flood plain districts. The Zoning Administrator shall also maintain a record of the elevations to which structures or additions to structures are flood- proofed. City of Columbia Heights Zoning and Development Ordinance - Section 13 Page 13-11 (c) Board of Adjustments and Appeals. The Planning Commission is the Board of Adjustments and Appeals. Administrative Review. The Board of Adjustments and Appeals shall hear and decide appeals where it is alleged there is error in any order, requirement, decision, or determination made by an administrative official in the enforcement or administration of this Section. Variances. The Board of Adjustment and Appealsmay recommend upon appeal in specific cases such variance from the terms of this Section as will not be contrary to the public interest, where owing to special conditions as literal enfomement of the provisions of the Section will result in unnecessary hardship so that the spirit of the Section shall be observed and substantial justice done. No variance shall have the effect of allowing in any district uses prohibited in that district, permit a lower degree of flood protection than the regulatory flood protection elevation for the particular area, or permit standards lower than those required by State Law. Decisions. A copy of all decisions granting a variance shall be forwarded to the Commissioner of Natural Resources within ten (10) days of such action. Appeal to the City Council and District Court. Appeals f~om any decision of the Board may be taken by any person or persons jointly or severally aggrieved by any decision of the Board or any taxpayer, officer, department, board of bureau of the municipality to the City Council. The decision of the City Council may be appealed to the District Court of this jurisdiction as provided in Minnesota Statute 462.361. Conditional Uses. The Planning and Zoning Commission shall hear and decide applications for Conditional Uses permissible under this Section. Applications shall be submitted to the Zoning Administrator who shall forward the application to the Planning and Zoning Commission. Decisions. A copy of all decisions granting Conditional Use Permits shall be forwarded to the Commissioner of Natural Resources within ten (10) days of such action. Procedures for Evaluating Proposed Conditional Uses Within the General Flood Plain District. Upon receipt of an City of Columbia Heights Zomng and Development Ordinance - Section 13 Page 13-12 application for a Conditional Use Permit for a use within the General Flood Plain District, the applicant shall be required to furnish such of the following information as is deemed necessary by the Planning and Zon'mg Commission for the determination of the regulatory flood protection elevation and whether the proposed use is the floodway or the flood fringe. (i) A typical valley cross-section showing the channel of the stream, elevation of land areas adjoining each side of the channel, cross-sectional areas to be occupied by the proposed development, and high water information. (ii) Plan (surface view) showing elevations or contours of the ground; pertinent structure, fill, or storage elevations, size, location; and spatial arrangement of ail proposed and existing structures on the site; location and elevations of streets; photographs showing existing land uses and vegetation upstream and downstream; and soil type. (iii) Profile showing the slope of the bottom of the channel or flow line of the stream for at least 500feet in either direction from the proposed development. (iv) One copy of the above information shall be transmitted to a designated engineer or other expert person or agency for technical assistance in determining whether the proposed use is in the floodway or flood fringe and to determine the regulatory flood protection elevation. Procedures consistent with Minnesota Regulations NR 86-87 shall be followed in this expert evaluation. The designated engineer or expert shall: Estimate the peak discharge of the regional flood. Calculate the water surface profile of the regional flood based upon a hydraulic analysis of the stream channel and overbank City of Columbia Heights Zoning and Development Ordinance - Section 13 Page 13-13 Compute the floodway necessary to convey the regional flood without increasing flood stages more than 0.5 feet. An equal degree of encroachmc~nt on both sides of the stream within the reach shall be assumed. (v) Based upon the technical evaluation of the designated engineer or expert, the Board of Adjustment shall determine whether the proposed use in the floodway or flood fi-inge and the regulatory flood protection elevation at the site. Procedures to be Followed by the Board of Adjustment in Passing on Conditional Use Permit Applications Within All Flood Plain Districts. The applicant shall furnish such of the following information and additional information as deemed necessary by the Board of Adjustment for determining the suitability of the particular site for the proposed use: (i) Plans in triplicate drawn to scale showing the nature, location, dimensions, and elevation of the lot, existing or proposed structures, fill, storage of materials, flood-proofing measures, and the relationship of the above to the location of the channel. (ii) Specifications for building construction and materials, flood-proofing, filling, dredging, grading, channel improvement, storage of materials, water supply and sanitary facilities. iii) The applicant shall transmit one (1) copy of the information described in this subsection to a designated engineer or other expert person or agency for technical assistance, where necessary in evaluating the proposed project in relation to flood heights and velocities, the seriousness of flood damage to the use, the adequacy of the plans for protection, and other technical matters. (iv) Based upon the technical evaluation of the designated engineer or expert, the Pla~ing and Zoning Commission shall determine the specific flood hazard at the site and evaluate the suitability of the proposed use in relation to the flood hazard. city of Columbia Heights Zoning and Development Ordinance - Section 13 Page 13-14 Factors Upon Which the Decision of the Planning and Zoning Commission Shall be Based. In passing upon Conditional Use applications, the Planning and Zoning Commission shall consider all relevant factors specified in other sections of this Section, and: (i) The danger to life and property due to increased flood heights or velocities caused by encroachments; (ii) The danger that materials may be swept onto other lands or downstream to the injury of others; (iii) The proposed water supply and sanitation systems and the ability of these systems to prevent disease, contamination, and unsanitary conditions; (iv) The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner; (v) The importance of the services provided by the proposed facility to the community; (vi) The requirements of the facility for a waterfront location; (vii) The availability of alternative locations not subject to flooding for proposed use; (viii) The compatibility of the proposed use with existing development anticipated in the foreseeable future; (ix) The relationship of the proposed use to the comprehensive plan and flood plain management program for the area; (x) The safety of access to the property in times of flood for ordinary and emergency vehicles; (xi) The expected heights, velocity, duration, rate of rise and sediment transport of the flood waters expected at the site; (xii) Such other factors which are relevant to the purposes of this Section. City of Columbia Heights Zoning and Development Ordinance - Section 13 Page 13-15 Conditions Attached to Conditional Use Permits. Upon consideration of the factors listed above and the purposes of this Section, the Planning Commission may attach such conditions to the granting of Conditional Use Permits as it deems necessary to fulfill the purposes of this Section. Such conditions may include, but are not limited to, the following: (i) Modification of waste disposal and water supply facilities; (ii) Limitations on period of use, occupancy, and operation; (iii) Imposition of operational controls, sureties, and deed restrictions; (iv) Requirements for construction of channel modifications, dikes, levees, and other protective measures; (v) Flood-proofing measures, in accordance with the State Building Code. The applicant submits a plan or document certified by a registered professional engineer or architect that the flood-proofing measures are consistent with the regulatory flood protection elevation and associated flood factors for the particular area. 21) Nonconforming Uses (a) A structure or the use of a structure or premises which was lawful before the passage or amendment of this Section but which is not in conformity with the provisions of this Ordinance, may be continued subject to the following conditions: No such use shall be expanded, changed, enlarged, or altered in a way that increases its nonconformity. No structural alteration or addition to any nonconforming structure over the life of the structure shall exceed fifty percent of its value at the time of its becoming a nonconforming use, unless the structure is permanently changed to a conforming us or unless the alteration or addition would substantially reduce potential flood damages for the entire structure. City of Columbia Heights Zoning and Development Ordinance - Section 13 Page 13-16 Any alteration or addition to any nonconforming use that would result in substantially increasing its flood damage potential shall be protected in accordance this Section. If such use is discontinued for 12 consecutive months, any future use of the building premises shall conform to this Section. The assessor shall notify the Zoning Administer, in writing, of instances of nonconforming uses that have been discontinued for a period of 12 months. If any nonconforming use is destroyed by any means, including floods, to an extent of fifty percent or more of its assessed value, it shall not be reconstructed except in conformity with the provisions of this Section. However, the City Council may issue a Conditional use Permit for reconstruction if the use is located outside the floodway, and, upon reconstruction, is adequately flood-proofed, elevated or otherwise protected in conformity with the provisions of this Section Uses or adjuncts thereof that are or become nuisances shall not be entitled to continue as nonconforming uses. Except as provided in herein, any use that has been permitted as a Conditional Use shall not be considered as a nonconforming use. Nonconforming uses located in the Floodway District shall be eliminated or brought into conformity with the standards contained in this Section within a reasonable period of time as determined by the City Council, after a hearing for each such nonconforming use. The City Council shall make its determination upon the basis of the normal useful life of any improvement upon the premises. In addition, the monetary value of any competitive advantage derived by the operation of such nonconforming use, by reason of the limitation on establishment of competing businesses as a result of this Section shall be considered as a reduction of losses resulting from the requirement of termination of the use under this Section. The Zoning Administrator shall prepare a list of those nonconforming uses which have been flood-proofed or otherwise adequately protected in conformity with this City of Columbia Heights Zoning and Development Ordinance - Section 13 Page 13-17 (22) (a) (b) Section and shall present such list to the City Council which may issue a certificate to the owner stating that such uses, as a result of these corrective measures, are in conformity with the provisions of this Section. Amendments The flood plain designation on the Official Zoning Map shall not be removed from the flood plain areas unless it can be shown that designation is in error or that the area has been filled to at or above the elevation of the regional flood and is contiguous to lands outside the flood plain. Special exceptions to this rule may be permitted by the Commissioner of Natural Resources if he determines that, through other measures, lands are adequately protected for the intended use. All amendments to this Section, including amendments to the Official Zoning Map, must be submitted to and approved by the Commissioner of Natural Resources prior to adoption. Changes in the Official Zoning Map also require prior approval by the Federal Insurance Administration. 9.1303 Shoreland Management Overlay District (Reserved) City of Columbia Heights Zoning and Development Ordinance - Section 13 Page 13-18 CHAPTER 9: SECTION 14: LAND USE AND DEVELOPMENT SUBDIVISION REGULATIONS 9.1401 Purpose. The purpose of this section is to provide for the orderly and economic development of land and urban facilities, and to promote the public health, safety and general welfare of the community by establishing physical standards and procedures for the subdivision of land. 9.1402 Authority. The Council hereby established the following rules and regulations pursuant to the authority provided in Minnesota Statutes, to regulate, control and maintain streets and provide for platting of property. 9.1403 Plats and Data. Subdivision 1. Sketch Plans. Sketch plans shall contain as a minimum, the following information: 2. 3. 4. 5. 6. 7. 8. Tract Boundaries North Point Streets on and adjacent to the tract Significant topographical and physical features Proposed general street layout Proposed general land use Name of owner and/or developer Zoning on and adjacent to tract Subd.2. Preliminary Plat. A preliminary plat shall contain the following information: 1. Identification and Description Proposed name of subdivision, which name shall not duplicate or be similar to the name of any other plant. b. Location by section, town, range or by other legal description. Names and addresses of the owner, subdivider, surveyor and designer of the plan. d. Graphic scale e. Northpoint f. Date of preparation g. Certification by surveyor certifying to accuracy of survey City of Columbia Heights Zoning and Development Ordinance - Section 14 Page 14-1 2. Existing Conditions a. Boundary line of proposed subdivision clearly indicated. b. Existing zoning classification, if any. c. Total acreage, including greenspace percentage. Location, widths and names of all existing or previously platted streets or other public way, showing type, width and also condition of improvements, if any, railroad and utility fights-of-way, parks and other public spaces, permanent buildings and structures, easements and section and corporate line within the tract, and to a distance of one hundred (100) feet beyond the tract. Such data as grades, invert elevations and locations of catch basins, manholes and hydrants, if any, shall also be known. Boundary lines of adjoining unsubdivided or subdivided land within one hundred (100) feet, identifying by name and ownership. Topographical data, including contours at vertical intervals of not more than two (2) feet, except that contour lines shall be no more than one hundred (100) feet apart. Watercourses, marshes, wooded areas, rock outcrops, power transmission poles and lines, buildings and other significant features shall also be shown. All elevations, topography and vertical control data shall be tied to sea level datum, 1929 General Adjustments. Temporary benchmarks shall be established within the boundaries of the subdivision. Descriptions, reference ties and elevations of the benchmarks shall be furnished to the City Engineer. Reference to recorded subdivision plat or adjoining platted land by record, name, date and number. The location and size of all existing sanitary sewer, water or storm sewer, trunks, laterals or services on or adjacent to the property. 3. Design Features Primary control points, with descriptions and "ties" to such control points to which all dimensions, angles, beatings and similar data on the plan shall be referred. City of Columbia Heights Zoning and Development Ordinance - Section 14 Page 14-2 b. Tract boundary lines, right-of-way lines of streets, easements, and other rights-of-way and property lines of residential lots and other sites; with accurate dimensions, bearings or deflection angles and radii, arcs and central angles of all curves. c. Name and right-of-way width of each street or other right-of-way. d. Location, dimensions and purpose of any easements. e. An identification system for all lots and blocks. f. Site data including number of residential lots, typical lot size, and acres in park, etc. g. Sites, if any, to be reserved for parks or other public uses. h. Sites, if any, for multi-family dwellings, shopping centers, churches, industry or other non-public uses exclusive of single family dwellings. i. Minimum building setback line on all lots and other sites with the width of lot shown at setback line. j. Location and description of monuments. Preliminary Grading and Drainage Plan Including earthwork quantities, final grades (4:1 maximum slopes), building pad elevations, existing and proposed topography at two foot intervals, drainage calculations, 1 O-year storm pipe design, 100-year storm level of protection, direction of drainage around each building pad location, appropriate easements as required. Preliminary Erosion Control Plan Including method, location and detail of erosion control measures, consistent with Section 9.609. Subd. 7 of this Code, where applicable. Preliminary Utility and/or On-Site Sewage Treatment Plan Plan and profile showing existing utilities, proposed utilities, connection with existing utilities (watermain, sanitary sewer, storm sewer) appropriate easements as required. Note whether utilities will be publicly or privately constructed, owned and maintained. City of Columbia Heights Zoning and Development Ordinance - Section 14 Page 14-3 10. 11. Preliminary Street Plan Plan and Profile showing internal roads, grades, lengths of cul-de-sacs, curb data (horizontal and vertical), connection to existing streets or platted right-of-way, provisions for future extensions or connections to adjacent land, appropriate easements of right-of-way. Preliminary Wetland Plan Plan showing fill or draining of any wetland including sequencing justification and proposed mitigation. All wetlands must be delineated in accordance with 1989 Federal Manual for Identifying and Delineating Wetlands. Preliminary Landscape Plan Landscaping required by City Landscape Policy. Plan must identify location, size species and quantity of plant materials. Letter from Anoka County and/or MN/DOT containing recommendations and/or regulations on access or right-of-way requirements, if the property abuts county or state roads or right-of-way, or proposes access to a state of county road. Supplementary Data to be Supplied with Preliminary Plat a. Names or record owners of adjoining unplatted land. b. Protective covenants in form of recording, if any. Other information such as certificates, affidavits, endorsements, photographs, traffic studies or other information as may be required by the City Council and/or the Planning Commission and/or the City staff in the enforcement of these regulations. Soil borings and analysis, if required by the City Engineer or Chief Building Official. Evidence that ground water control is at least 10 feet below the level of finished grades or plan for solving ground water problems, if required by the City Engineer. f. The size and dimension of all lots. City of Columbia Heights Zoning and Development Ordinance - Section 14 Page 14-4 Notarized certification by Owner and by any mortgage holder of record, of the adoption of the plat and the dedication of streets and other public area. Snbd.3. Final Plat. The final plat shall be on sheets 20 inches wide by 30 inches long and shall be at a scale of one hundred feet equals on inch (100'-1") or such other standard scale as approved by the City Engineer and in all other respects shall comply with Minnesota Statutes. Where necessary, plat or final plat may be on several sheets accompanied by a key map showing the entire subdivision. For large subdivisions, the final plat may be submitted for approval progressively in contiguous sections satisfactory to the City Council. The final plat shall contain the following information: Certifications showing that all taxes due on the property to be subdivided have been paid in full. An attorney's opinion of title showing title or control of the property to be subdivided in the application. Name of the subdivision, which shall not duplicate or too closely approximate the name of any existing subdivision. Location of section, township, range, county and state, and including descriptive boundaries of the subdivision, based on an accurate traverse, giving angular and linear dimensions, which must mathematically close. The allowable error closure of any portion of a final plat shall be one foot (1 ') in seven thousand five hundred feet (7500'). The location of monuments shall be shown and described on the final plat. Locations of such monuments shall be shown in reference to existing official monuments on the nearest established street lines, including true angles and distances to such reference points or monuments. Location of lots, streets, public highways, alleys, parks and other features, with accurate dimensions in feet and decimals of feet, with the length of radii and/or arcs of all curbs, and with ail other information necessary to reproduce the plat on the ground shall be shown. Dimensions shall be shown from all angle points of curb to lot lines. Lots shall be numbered clearly. Blocks are to be numbered with numbers shown clearly in the center of the block. 8. The exact locations, widths and names of all streets. 9. Location and width of all easements. 10. Name and address of surveyor making the plat. city of Columbia Heights Zoning and Development Ordinance - Section 14 Page 14-5 11. Scale of plat (the scale to be shown graphically on the bar scale), date and north arrow. 12. Statement dedicating all easements as follows and drainage facilities are reserved over, under, and along the strips marked "utility easements." 13. Statement dedicating all streets, alleys and other public areas not previously dedicated as follows: Streets, alleys and other public areas shown on this plat and not heretofore dedicated to public use are hereby so dedicated. 14. Certification by registered surveyor in the form required by Section 505.03, Minnesota Statutes, as amended. 15. Execution of all owners of any interest in the land and any holders of an mortgage thereon of the certificates required by Section 505.03, Minnesota Statutes, as amended and which certificate shall include a dedication of the utility easements and other public areas in such form as approved by the City Council. 16. Space for certificates of approval and review to be filled in by the signatures of the City Engineer, City Clerk and Anoka County Surveyor. Additional plans to be submitted with the final plat include the following: (1) Final Utility Plan. Plan and profile showing existing utilities, proposed utilities, connection with existing utilities (watermain, sanitary sewer, storm sewer) appropriate easements as required. Note whether utilities will be publicly or privately constructed, owned and maintained. (2) Final Wetland Plan. Plan showing fill or draining of any wetland including sequencing justification and proposed mitigation. All wetlands must be delineated in accordance with 1989 Federal Manual for Identifying and Delineating Wetlands. (3) Landscape Plan. Plan showing reforestation required by City Code Section 540 and landscaping required by City Landscape Policy. Plan must identify location, size, species and quantity of plant materials. (4) Final street plans for requirements established in city Code Section 9.1404. City of Columbia Heights Zordng and Development Ordinance - Section 14 Page 14-6 (5) Park dedication. For any development or redevelopment where a subdividision or resubdivision of property occurs which creates additional parcels, the resulting contribution shall require either ten (10) percent land dedication for parks, or the cash equivalent of ten (10) percent of the estimate of improvements. The Park and Recreation Commission shall determine which measure is most appropriate. 9.1404 Design Standards. Subdivision 1. The following design standards are to be followed unless the City Council shall permit a variance because of unusual circumstances due to the topography, placement of buildings or other factors making it reasonable to vary the standards set forth without nullifying the intent and purpose of the Comprehensive Plan or this section. Subd. 2. Streets. The arrangement, character, extent, width, grade and location of all streets shall conform to the Comprehensive Plan and shall be considered in their relation to existing and planned streets, to topographical conditions, to public convenience and safety, and in their appropriate relation to the proposed uses of the land to be served by such streets. Where such is not shown in the Comprehensive Plan, the arrangement of streets in the subdivision shall either: Provide for the continuation or appropriate projection of existing principal streets in surrounding areas; or Conform to a plan for the neighborhood approved or adopted by the City Council to meet a particular situation where topography or other conditions make continuance or conformance to existing streets impractical. City of Columbia Heights Zoning and Development Ordinance - Section 14 Page 14-7 SECTION 15: REPEAL OF LAWS 1N CONFLICT. Ordinance # 818 of the City Code and prior Zoning Ordinances are hereby repealed. All City laws and ordinances in conflict with any provision of this ordinance are hereby repealed to the extent of any conflict. SECTION 16: NO RECOURSE AGAINST THE CITY. Every permit shall provide that, without limiting such immunities as the City or other persons may have under applicable law, a permittee shall have no monetary recourse whatsoever against the City or its elected officials, boards, commissions, agents, employees or volunteers for any loss, costs, expense or damage arising out of any provision or requirement of this Ordinance or because of the enforcement of this Ordinance or the City's exercise of its authority pursuant to this Ordinance, a permit, or other applicable law, unless the same shall be caused by criminal acts or by willful gross negligence. Nothing herein shall be construed as a waiver of sovereign immunity. SECTION 17: EFFECTIVE DATE. This Ordinance shall be in full force and effect from and after thirty (30) days after its passage. First Reading: Second Reading Date of Passage March 12, 2001 April 9, 2001 Offered by: Second by: Roll Call Mayor, Gary L. Peterson Patricia Muscovitz, Deputy City Clerk City of Columbia Heights Zoning and Development Ordinance - Section 14 Page 14-8 CITY COUNCIL LETTER Meeting of: April 9, 2001 AGENDA SECTION: ORIGINATING DEPT.: CITY MANAGER ~ -~ - ( Community Development APPROVAL ITEM: Conditional Use Permit BY: Tim Johnson BY: :i~//~,~5. NO: Case # 2000-0406, 508 40t~ Avenue NE DATE: April 5, 2001 Issue Statement: This is a request for a Conditional Use Permit to allow a dwelling unit in the second story of the building at 508 40~ Avenue NE. Background: Case 9909-39 was a request by Merit Siding for a Conditional Use Permit to construct a 40 foot by 48 foot (1920 square feet) accessory pole structure on the property to be used for storage of miscellaneous parts, equipment, and vehicles, which was approved by the City Council. The structure was partially constructed but was never fully completed. Analysis: The rental unit being requested for a conditional use permit is currently occupied and has been for some time. The applicant bought the property last year and recently converted the upstairs into an apartment without first obtaining the necessary Zoning approvals, and without proper rental licensure. The Fire Department has twice inspected the rental unit, but did not issue the rental license because the applicant had not obtained a conditional use permit (please see email from Dana Alexon). The subject property is zoned RB, Retail Business and dwelling units are allowed in the Retail Business Zoning district as a Conditional Use Permit provided that: (1) The units do not occupy the first floor; and, (2) A roof intended for usable space shall be enclosed by a wall or fence not less than five feet in height. This proposal meets these two conditions. The apartment currently contains two bedrooms, one bathroom, a utility room, a kitchen, and a deck, all on the second story. Parking requirements for a dwelling unit requires 2 legal striped parking spaces which are shown on the site plan submitted. Recommendation: The Planning and Zoning Commission held a Public Hearing for the request on April 3, 2001. They voted to recommend City Council approval of the Conditional Use Permit, subject to the conditions listed in the recommended motion. Recommended Motions: Move to approve the conditional use permit to allow a dwelling unit on the second floor of the building at 508 40t~ Avenue NE, subject to the following conditions: 1. All required state and local codes, permits, licenses and inspections shall be met and in full compliance. 2. At no time shall any space directly associated with the dwelling unit occupy the first floor of the building. This shall include, but not be limited to kitchens, restrooms, and bedrooms. 3. The two off-street parking spaces provided shall be striped and signed in a manner that is consistent with applicable regulations and shall be provided with bumper curbing. Any future commercial use in the lower floor space shall also provide additional legal striped parking to meet the requirements for future use of the building. 4. The fence in the front of the property facing 40~ Avenue shall be repaired. 5. Railings shall be installed on the two back porch landings to meet building code. 6. Second stairwell on back porch shall be installed for a clear exit to parking lot. 7. Siding and window trim on the entire building shall be finished. 8. Entire property shall be cleaned up and properly maintained on a regular basis. 9. Pole structure on property shall be torn down. 10. Large hole in paved parking area shall be filled in. 11. All stated conditions shall be met within 30 days of formal approval or the conditional use permit shall be revoked. 4ttachments: Staff re£ort; application form;,floor plans; narrative; survey; site plan; email from FD; COUNCIL ACTION: · Case:'2001~0406 Page!~ 1 Case #: STAFF REPORT TO THE PLANNING AND ZONING COMMISSION FOR THE. APRIL 3, 2001 PUBLIC HEARING 2001-0406 GENERAL INFORMATION Owner: Address: Sepiku Oppommities, LLC 3853 Central Avenue NE Columbia Heights, MN 55421 Applicant: same Phone: (612) 325-1161 Parcel Address: 508 40t~ Avenue NE Zoning: RB, Retail Business Uses: Plan: C - Commercial Zoning North: RB South: RB East: RB West: RB BACK~ROUND Land Use North: Commercial South: Multi-Family Residential East: Commercial West: Commercial slructure was partially conslructed but was never fully completed. ANALYSIS The surrounding property in all four directions is zoned RB, Retail Business. Land use On the "north, east, and west is commercial, and the property to the south is a nonconforming multi- family residential building. Technical Review: According to Section 9.113(2)(b) of the Zoning Ordinance, a Conditional Use Permit is required for dwellifig units in the Retail Business District if the units do not occupy the first floor. The applicant ~s not proposmg any physmal changes to the rote, or extc, nor structural changes to the building[ H6~ev6q, staffhas investigated the site and has the following concerns: 5 ~ ~ 1. The property h~ incomplete fencing in front of the pole barn facing 40* Avenue. This needs~to be fixedi Both porches on ground level on the back side of the building have no railings in place. t issues that need to be addressed immediately. needs to provide a clear exit to the parking surface. t has to be installed. The current stairwell is blocked by a ~llar shall be completely finished -, .~ ~ / ~- to commercial structure m m an nnfinlshed stat~..The The entire 'needs to be cleaned up immediately. There.are miscellaneous items. etc. behind the structure that are unsi eci t~'~review and apprOval by Uase: 2001-0406 - ' · Pag¢,~ 3 ,~fe~t of fi~ontage along 40~ Avenue which meets this requirement; -- :~Front Yard shall be 15~ feet - existing building is roughly two feet offthe front property line which does not m~t this..~...r~l ~mmmen.t; · The floor areal rati6 shall not'~ceed 1.0 - the subject property has a floor area ratio of apprOximately .8~h.meet~ tlii./requirement; · A building'which is ~fi.0t serv.~d by an alley shall have one 10 foot side yard - the existing bmldmg meets this reqmrome.~t as the east half of the lot m vacant of any structure; and, · No bmkling shall be erected ~thm 10 feet of any alley - there is no rear alley. The existing building does not meet th~front yard setback requirement of the Zoning Ordinance. However, considering.that it was constructed in 1915 prior to the adoption of zoning regulations, it is considered legally nonconforming and can continue to be utilized without variances. parking rcquiromentS for adwelling uni~ 't requires 2 parking spaces, of which these have been provided directly behlndthe building:.The parking layout shows 2 legal spaces at 9 X 20 and will need to be striped and maintained. A bumper curb and separation from the building will need to be prOvided. be One issue that needs to addressed the driveway which runs along the south side of the subject property. This drive..w, aY ~s a s~arate platted lot and ownership of the property IS,: ~; undetermined. It ~s stZff's nnvress~on~at the lot was platted as a driveway which was intended '"~':~ ~ ' J~*~ h~ us~a ~``~ me ~a~acent "m'~eraas `~The ~her area ~h~t ~s m "u~s~l~n ~s th~ area ns~ £nr`~`~ ~ ```~ `~ ~. ~``~ ~?v ~ -~ ~ `~ ~ ~ ~-~- ' ,' <;:.~ i'( .' ~ingress and egress from Summit Stre~ to this prOpcrty and which is also used to access the,: ,. area is not hard-surfaced adjacent apmhuent complex. This at all, and is currently a muddy mess. This issue should be addressed m rela_t~pn to fi/tare development of this site. 5'iability or. the Central Avenue the Plan promotes the appropriate, reuse~( , residential neighborhoods, and in the City. This rental unit residential areas and will provide an proposal is consistent with the City Case: 2001-0406 .: Page: ~4 ~. .- Summary:. ..The'Positive aspects of this proposal are as fo.ll0ws '~']~ '?' 'The proposal for uPstairs rental is cbn~istent w~ the intent of the City Comprehensive ,,' -i Plan. ' '.' The negative aspects of this proposal are as follows: .-'~ 1. The existing rental unit is currently unliceI!Sed. Tt)e appearance of the rental property itself is fairly nice. However, the polestructure on. site is currently unsightly in appearance as it is in an twfinished state. Refuse, miscellaneous items, appliances, etc. are visible inside pole barn and also spread around the back of the lot. 2. There are current building code violations that also need to be corrected immediately. Staff Recommendation: · , - Staffrecommends approval of the Conditional Use Permit to allow a dwelling unit on the second floor of the building at 508 40~ Avenue NE, as the applicant has met the conditions asked for from the Zoning Ordinance, subject to the conditiom'lis~,ed in the recommended motion. However, th~ are ~X.,outstanding condi~ons on this'property which if not fulfilled, could be Recommended Motion.; ..... . ~.~ . , . Move to recommend City Council approval of the Conditmnal Use Peraut to allow a dwelling unit 6n the s~0nd floor of the building at 508 40~' A~;~.r~ii~'NE, subject to the following conditions: ~ codes, permits; liCans0s ~,a~d inspections shall be met and in At no me directly associated ~th.the dwelling unit occupy the first floor ;.~, ,~ of the building. This shall include, but not~be~exl'to, kitchens, restrooms, and ~ . 3. ., The two off-street parking spaces pro,haled sliall.be striped and s~gned m a manner that is ~ase: 2001-0406 Page: 5,,~ ~ [ ~ Alternativ~ Motion: Moye tp,~eommend City Council denial of the Conditional Use Permit. to allow a dwelling unit on'~h~S~iid ~i/36r 0fthe building at ~08 40~ Avenue NE, as the priorconditional use issaed for the~perty to ~e~nstruct the pole barn has not been substantially fulfilled within a year as req~d by the ordlnanee; the existing property is in disrepair, thus impacting neighboring pr~l~es; and the existing rental unit is currently tmlieensed. · Attachments: · Completed application form; Area Map; Floor plans; Site Plan; Narrative; Survey; and Public Notice CITY OF COLUMBIA ~EIGNTS ~lica~ion Varianc, Privacy;:Fe~e; ~'Conditi~nal Use Permit Subdivision Approval Site Plan Approval 1. Street Address of Subject Propertyl 2. Legal Description of Subject P£oper.ty~ 3. Applicant: Application Date~ Case Nos Fee: Receipt No: Owner: Name :~~ Na~e, ~~--'"~a _'._ ,_ ~ ~dar...; Addre s s ~ Description of Request: Zonin8: Applicable City Ordinance Number Present Present'~se '" se~tinn Proposed Prop'oS~d 3-16-:L:~1 .~:2&PM F'RC~M HERTZ 7~3413.~17'~ P. 2 325-1161 March !6, 2001 ~h-:PrdU OPPORTUNITf~, LLC 3853 CENTRAL AVE. N~ COLUMBIA HEIGHTS, MN 55421 City of Columbia Heights 590 40* Ave. N.£. Columbia Heights, MN 55421 Re: Conditional Use Permit for $08 Dear Mr. Johnson: Thank you for your assistance in applying for the Condflio~utl Use Permit fo~ the above mentioned property. Pursuant to our mee~ng on March 14, 2001. Sepiku Opportunities, LLC, the owner of the property, is reque~t/ng a CUP for the upper unit at 508 40a Ave. N.~., Columb/a Heights, which is r~nted on! as a res/dent!al un/t It is my und~tanding tba! ub uent to thc inspection ofti 2. chock for $120.00 ?, forth~resident~nlunit As~ kn~ ~plentyofparkin~hehind~building. - Lastly you to~k; , should be aware that the unit is cunenfly tented Fo tenants who occupancy only after approval by the Fire Depaxtment.' Again, thank assistance and diligence in this proce~ Kadditionai informati0h is r ]161. 47'8' 3'? FROtl : r, lB,]' DEvS. I:]F~q',ITCKRP$ PHONE NO. : 6128728848 4120 41 O0 4055 404-9 4039 4037 4025 4001 5950~ 3944 4112 l 4115 4114 4109 4108 4111 ' 4110 41004104 · 41074106 41 ST ,d 4040 4i359 4038 4033 4034 4051 4030 4025 4024 4023 4.017 4018 4013 4012 4oo9 4o08 4O57 4056, 4048 ~ 4051 4.041 , 4039 4036 4033 4034 4051 4030 4027 4026 4o21 "~o22 4019 4018~ 4015 '""4O08 4oo2~ ~5oi '~o9 4000 40TH 4113 4112 ~ 4111 4110 4111 4108 4105 4~04 ~ 4107 // 4100 4,1,,0J ,,,, 4,1~q0 · ~1 AVE 4051. 4050 4047 4046 4042 4041 4038 4-033 4034 4029 4030 4025 4026 4023 4022 4017 4018 4012 4o13 AVE 4057 4056 4055 4052 4047 4046 4043 4o42 4037 4036 4.033 4032 4025 4026 4021 4022 4015 4016 573 565 400~ HUSET 53O Tim Johnson - 508 40th Avenue Page 1 · From: Dana Alexon To: Tim Johnson Date: 3/30/01 2:52PM Subject: ~ 508 40th Avenue In January, 2001, our office received a request from A.C. Milan, LLC, to inspect a new rental unit at this address for licensing purposes. We inspected the rental unit on January 25 pursuant to this request. Two violations of the Residential Maintenance Code were noted during this inspection. Compliance orders were sent to AC Milan, LLC on January 30 and a re-inspection to determine compliance was scheduled for March 2, 2001. On or shodly before February 12, our office received information that this rental unit was in violation of the zoning ordinance in that it required a Conditional Use Permit which the property owner did not have. I sent a letter to AC Milan, LLC on February 12 advising them of this situation and that I would not proceed on issuance of a rental license until a CUP had been granted. I advised them that if this issue had not been resolved in 30 days they would be cited for operating an unlicensed rental property. On February 23, 2001, our office received a complaint from the tenants at this address regarding a lack of hot water. Upon investigation, it was found that there was a lack of hot water in the unit. Contact was made with Marshal Jackson on February 28 regarding this issue; Mr. Jackson indicated he believed the problem had been solved. On March 2 I followed up on this complaint and found the problem had, indeed, been solved. During our follow-up inspection on March 2 it was determined that the 2 violations from the January 25 inspection and the violation from the February 23 complaint inspection were corrected. Three new violations were found as of this date, however. Compliance orders have been sent to AC Milan, LLC and we are scheduled to re-inspect on April 13. Our office is prepared to recommend that the City Council issue a rental property license once these violations are corrected if the Conditional Use Permit has been granted. If the CUP is not granted, the fire department would allow AC Milan 30 days to remove the tenants from the rental unit before any citations are issued for operating an unlicensed rental property. COLUMBIA HEIGHTS PUBLIC LIBRARY BOARD OF TRUSTEES MINUTES March 6, 2001 The meeting was called to order by Chair, Barbara Miller at 7:00 p.m. Those present were Nancy Hoium, Catherine Vesley, Barbara Miller, Richard Hubbard, Julienne Wyckoff, and Becky Loader. It was moved, seconded, and passed to approve the minutes of the February 6, 2001, meeting as mailed. It was moved, seconded, and passed to approve the minutes of the February 7, 2001, City Council/Board work session as mailed. The bill list of February 26, 2001, was reviewed. It was moved, seconded and passed that they be paid. The bill list of March 12, 2001, was reviewed. It was moved, seconded and passed that they also be paid. The accounting was reviewed. Old Business: 1. The Reciprocal Borrowing Compact Resolution was reviewed. The Resolution was offered. It was moved, seconded and passed to approve the Reciprocal Borrowing Resolution as presented. 2. It was moved, seconded and passed to table the Capital Improvement Plan to a later date. A report on the progress of the Automation Contract with Anoka County Library was presented. The final copy will be sent to the City Attorney on March 7, and it will then be presented to the City Council for approval. The library has hired and started training new page, Alicia Cermak. There are currently still 2 page positions unfilled. Shari Alexon has tendered her resignation effective March 9, 2001. An advertisement was placed in the newspaper to fill her position and 23 applications were received. Seven applicants will be tested and then interviews will be conducted. The City Council/Board work session of February 7 was discussed. There was an overall feeling that the response from the City Council was supportive and positive. The possible impact of the Governor's proposed budget package was discussed. Report on the Council work session of March 5 was presented. The Council talked about the work session of February 7 and a possible site. Bobby Williams was invited to the April Library Board Meeting to discuss fund raising. The Council discussed the Mady's location at length. Various Council Members chose assignments to approach the businesses in order to include them in the process and determine their interest. The overall feeling was again positive that everyone wants to move forward. New Business: The article by Karen Coyle was reviewed and discussed. The library keeps records on number of items, but no specific records are kept. 2. The City version of the Annual Report was reviewed. The impact of the lnternet filtering law that becomes effective April 20 was discussed. We have no filters at this time, although the Statute and policy are both posted. The County is exploring some software that would comply. Incidents with out of state patrons who wished to sign up for the lnternet Browsers were discussed. Possible changes to the policy to allow one time complimentary use by such patrons was discussed. The Board chose to make no changes to our policy at this time. The Board did express a desire for some type of security system to be installed or established for problem patrons when staff may be alone in the building. As a direct result of the Technology Plan the library recently submitted, Columbia Heights is to receive $1,979.00 in RLTA (Regional Library Telecommunications Aid) money for the 6-month period from 7/2000 to 12/2000. This money will be deposited into the fund balance after the MELSA trustees approve it. 5. A change-over in the City LAN server took place on February 17. Julienne Wyckoff reminded everyone to attend the first "Taste of Columbia Heights" to be held on Sunday, March 25, from 4:00 p.m. to 8:00 p.m. at Murzyn Hall. Tickets will be $2.00/sample of food. She also listed the restaurants that will be participating. There being no further business the meeting was adjourned at 8:35 p.m. Respectfully submitted, J~hnine M. Schmidt Secretary to the Library Board of Trustees. The City of Columbia Heights does not discriminate on the basis of disability in the admission or access to, or treatment or employment in, its services, programs, or activities. Upon request, accommodation will be provided to allow individuals with disabilities to participate in all City of Columbia Heights = services, programs, and activities. 2 COLUMBIA HEIGHTS ECONOMIC DEVELOPMENT AUTHORITY (EDA) REGULAR MEETING MINUTES OF FEBRUARY 20, 2001 CALL TO ORDER - The Regular Meeting of the Columbia Heights Economic Development Authority (EDA) was called to order by President Ruettimann at 6:37 p.m., Tuesday, February 20, 2001, in Conference Room 1, City Hall, 590 40t~ Avenue NE, Columbia Heights, Minnesota. ROLL CALL Commission Members Present: Robert Ruettimann, Patricia Jindra, Marlaine Szurek, Gary Peterson, Iulienne Wyckoff, Bruce Nawrocki, and Bobby Williams Commission Members Absent: Staff Present: Walt Fehst, Executive Director Randy Schumacher, Community Development Assistant Anita Kottsick, Parkview Villa Housing Administrator Shirley Barnes, CEO, Crest View Corporation OATH OF OFFICE Walt Fehst, Executive Director, swore in Marlaine Szurek as Commissioner. CONSENT AGENDA (These items are considered to be routine by the EDA Board of Commissioners and will be enacted as part of the Consent Agenda by one motion). A. Adopt the consent agenda items as listed below. 1) Approval of Minutes- regular meeting of January 16, 2001 Move to adopt the minutes of the January 16, 2001 regular meeting as presented in writing. 2) Financial Report and Payment of Bills a. Financial Statement- January, 2001 b. Payment of Bills- January, 2001 Move to approve Resolution 2001-02, Resolution of the Columbia Heights Economic Development Authority (EDA) approving the financial statements for January, 2001 and approving payment of bills for January, 2001. MOTION by Peterson, seconded by Szurek, to adopt the consent agenda items as listed with the amendment to the election of officers motion to read "for a unanimous vote" instead of"for a white ballot vote". All ayes. MOTION CARRIED. REPORT OF THE MANAGEMENT COMPANY- Anita Kottsick, Parkview Villa Housing Administrator. Kottsick reported an accident in the parking garage where a resident ran into the garage door and wail. The residents insurance company replaced the garage door and a fire extinguisher cabinet that was damaged from the accident. New faucet and shut offvalves were installed in apartments 306 and 511. During the installation of these fixtures, the water was shut down for about one and a half hours. All of the new telephone system issues have been resolved from last month. The buildings smoke detectors and fire extinguishers will be tested sometime near the end of February. The boiler was inspected and passed as of today. Economic Development Authority Meeting Minutes February 20, 2001 Page 2 of 5 On Saturday, February 17, 2001, Parkview Villa experienced a security issue. Between the hours of one and five a.m. someone broke into a unit on the fourth floor. Nothing was taken from the unit and the Police Department responded very quickly. In closing, Kottsick stated that she would be attending the Public Housing Manager Course on February 6-21 partial days, and will be in the office at different hours during that period. She will also be using her pager so that she can be easily contacted if a situation arises. Shirley Barnes, CEO, Crest View Corporation, commented that there was also a break in at the Crest View office. She wanted it noted that the Police Department responded within 10 minutes of being called. *Barnes reported on a five hundred million dollar SOS package recently put out by local legislators that would help Senior Citizens in many ways. She recommended Commissioners look at this package. CITIZEN FORUM TO ADDRESS EDA ON MATTERS NOT ON THE AGENDA- None. RECOGNITION, PROCLAMATIONS, PRESENTATIONS, GUESTS- None. PUBLIC ItE. ARINGS- None. ITEMS FOR CONSIDERATION A. Other Resolutions - None. B. Bid Considerations 1) Approve Contract for Lawn Treatment Services for Parkview Villa- Randy Schumacher Schumacher presented the two bids staff received for the lawn treatment at Parkview Villa North/South, and 4607 Tyler Street properties. Bids were received from TruGreen ChemLawn and Green Stuff. By using TruGreen ChemLawn again this year, we would save $24.00 and the one time start up fee. Therefore, staff recommended the Board except the low bid from TruGreen ChemLawn. Wyckoff asked what the chemical safety factor is from the companies bidding, and why isn't the City providing this service as long as we own the property. Ruettimann stated that his understanding is that ali lawn chemicals are required to have water in them. Also he stated that if the City provided this service, the EDA would have to pay Public Works a higher amount than the private contractor is bidding. Peterson stated that they do not apply crab grass and dandelion killer. MOTION by Williams, seconded by Szurek, to award the contract to TruGreen ChemLawn to provide lawn treatment services based upon their low, qualified, responsible bid with funds to be appropriated from 203-46330-4000 in the amount of $256.88; 213-46340-4000 in the amount of $126.52; and 235- 46360-4000 in the amount of $170.40; and furthermore, to authorize the President and Executive Director to enter into an agreement for the same. All ayes. MOTION CARRIED. C. Other Business 1) Results of Parkview Villa Residents Satisfaction Survey- Randy Schumacher Staffreceived a good response from the Parkview Villa residents. Staff distributed 150 surveys, of which 82 were returned. Four major areas were addressed in the survey; Community Life, Emergencies, Administration, and Maintenance and Housekeeping. From these four areas the following results were received; Community Life - out of 81 responding, 79 Agreed or Agreed Strongly that they are very content with their surroundings, Emergencies -77 out of 79 Agreed or Agreed Strongly that they understand the emergency procedures and feel that it has been handled properly by staff, Administration- Economic Development Authority Meeting Minutes February 20, 2001 Page 3 of 5 75 out of 79 Agreed or Agreed Strongly that staff has been performing their duties to satisfy residents needs, and from the Maintenance and Housekeeping section- 80 out of 81 Agreed or Agreed Strongly that the building and grounds are being taken care of properly. We received some very good comments and staff will sit down with management to go over some of the key factors to improve on. Overall, the results of the survey were good, and staff would like to recommend that the EDA enter into an additional yearly contract with Crest View Management. Wyckoffasked if there was a problem with the heating system in the Tyler Street units. Kottsick explained a problem with one of the lower level units being very drafty. She will discuss the problem with maintenance and Schumacher to try to resolve this problem. *It was a unanimous decision of the Commissioners to review new negotiations of the current one-year option of the contract with Crest View Management for Parkview Villa. Ruettimann thanked staff for getting the survey together, distributing it, and compiling the results in a short amount of time. OTItER BUSINESS Ruettimann explained that the handicapped accessibility information sheet, included in the meeting packet, is to clarify the question of how many handicapped units are required at Parkview Villa. The HUD requirement is 5%. Nawrocld questioned why it would be six units when the actual figure would be 5.05%. Cher Bakken had asked this of Debbie Kravik, HUD, who stated that any amount over the 5% would be rounded up to the next percent. Therefore, a total of six units need to be handicapped. Ruettimann suggested the EDA consider having the HRA take over, Parkview Villa North and South (after we have finalized all of the Section 8 transfer papers). He stated there are two reasons why this should be done; 1) It is something that is ongoing, and established in Columbia Heights, and 2) It would allow the EDA board to move ahead in developing and improving the City with broader visions. The HRA would consist of the City Council, plus one Parkview Villa North resident member, and the EDA would be comprised of the existing members. This will be discussed at a later date. Ruettimann also expressed concern that the Community Development Department has some very good people working in it and they are trying very hard to clean up old issues. He would like the City to not rush into hiring anyone else for that department until staff can get caught up and actually see what staffing requirements are necessary. ADMINISTRATIVE REPORTS A) Report of the Deputy Executive Director. 1) Update Status on Renewal of the Columbia Park Medical Group Parking Ramp Agreement. Schumacher and the Community Development staff have been working with the administrator from Columbia Park Medical Group in regards to renewing the Parking Agreement Contract that expired in July of 2000. There are some issues that still need to be taken into consideration before the contract is renewed: 1) the Columbia Park Medical Group is looking for the EDA to pay more than the 19% of the expenses they are currently paying; 2) the parking ramp is 15 years old, therefore, we should consider building Capitol Improvement Funds to cover expenses for future repairs. A maintenance engineer should do an evaluation of the structure; 3) who is actually using the parking ramp; Columbia Heights downtown workers, people going to the doctors office, or people from the Transit Hub, and 4) what Economic Development Authority Meeting Minutes Febmary 20, 2001 Page 4 of 5 account number the funds are being budgeted to for 2001. Ruettimann has asked Police Chief, Tom Johnson to monitor the parking ramp as to how many cars are parked there each day without a park'mg permit, and how many spaces are used during the night hours for downtown restaurants and businesses. Johnson will report this information back to Schumacher. Nawrocki questioned if the City is still issuing permits to park in the ramp. Bakken stated that there are five parking lots on Central Avenue that the Community Development office staff issues permits for and the Columbia Park Medical Group parking ramp is one of them. The permits do not expire. Schumacher stated that Transit Hub users are not to use any of these parking lots to park in. Peterson stated that P.S. Vedi was the architect for the parking ramp and staff could contact him in regards to the structure and any maintenance that it may need in the next few years. The League of Minnesota Cities and Jen Koope were also suggested as contact people on the parking ramp. Schumacher will ask Mel Collova, the Building Inspector and Kevin Hansen, the Public Works Director for their evaluation of the ramp also. 2) Update Status of Parkview Villa Security System Fehst has been working with the representative from Trans-Alarm, Inc. on the Security System and finalizing the following issues of concern: 250 security cards, at no cost, put into writing on the contract, the possibility of issffmg one card to each resident and allowing up 3 extra cards per family at a charge of $25.00 (to be returned when they remm the card) for emergencies, and residents still need to buzz people in to the hnild'mg from their apartment, rather than having to come down to let them in. Schumacher and Kottsick have discussed items to be clarified, like allowing time for the residents to understand the system before it is actually installed, education of the residents on how the card is actually nm through the system, a backup emergency system, and certain doors with key locks would need to be changed over. Kottsick offered a draft copy of a Policy and Procedure that could be used to help clarify the rules of using this system. The biggest concern Kottsick had was that the seniors need to be educated about the system before it is installed. Staffwill continue to work on these issues before the system is installed. 3) Status Report on Remodeling of Units 105 and 106 at Parkview Villa Schumacher stated bids have been received to convert two units to handicap accessible. He recommended not accepting these bids as two of the bids were for labor only and one is for materials and labor. Schumacher suggested re-bidding the work. Kottsick stated that unit 106 is currently vacant. The resident in unit//105 is willing to move into unit 106 temporarily, while her unit is being remodeled. Kottsick asked for clarification if she should rent the other apartment scheduled for renovation. Ruettimann stated that she should hold off until both units have been remodeled. After much discussion, it was determined that staffis to obtain a copy of the requirements for handicap accessible units and submit that with the request for bids. MOTION by Peterson, seconded by Williams, to reject the current bids because they contain improper specifications. All ayes. MOTION CARRIED. MOTION by Peterson, seconded by Williams, to authorize the President and Acting Deputy Executive Economic Development Authority Meeting Minutes Febmary 20, 2001 Page 5 of 5 Director to proceed with obtaining bids to remodel units 105 and 106 up to the ADA Code and not to exceed $8,000 per unit with uniform specifications on the bids. All ayes. MOTION CARRIED. B) Report of the Executive Director- None. c) Committee/Other Reports Resident Council Meeting - Jindra attended the meeting on February 12, 2001, and reported that there were 80 people in attendance. The residents were very concerned with the security system; the use of the cards, how many they would get, and how to use them, Jindra stated that Kottsick did a very goodjob of addressing the residents concerns and relieving their fears. Other Reports Nawrocki recently attended a meeting in Shoreview for their City Council and Economic Development Authority. The Chair Bill Farrow, talked about an Economic Development Association of Minnesota where he obtained some information that he passed out to the board members, for informational purposes. MEETINGS The next EDA meeting is scheduled for 6:30 p.m., Tuesday, March 20, 2001 in Community Room B at Parkview Villa. ADJOURNMENT MOTION by Wyckoff, seconded by Jindra, to adjourn the meeting at 8:09 p.m. All ayes. MOTION CARRIED. Respectfully submitted, Cheryl Bakken Recording Secretary H:\EDAminutes2001 \2-20-2001 *Amended sentence per EDA Board recommendation. HOUSING & REDEVELOPMENT AUTHORITY SPECIAL MEETING MINUTES OF SEPTEMBER 25, 2000 CALL TO ORDER - The Regular Meeting of the Columbia Heights Housing & Redevelopment Authority (HRA) was called to order by John Hunter at 6:30 p.m., September 25, 2000, in Conference Room One, City Hall, 590 40~ Avenue NE, Columbia Heights, Minnesota. ROLL CALL Commission Members Present: Commission Members Absent: StaffPresent: Guests: Marlaine Szurek, Don Jolly, Gary Peterson, Julierme Wyckoff, and John Hunter WaR Fehst, Executive Director Ken Anderson, Deputy Executive Director Randy Schumacher, Community Development Assistant Robert Ruettimaun, EDA President Pat Jindra, EDA Vice President 1 ) Approval of Minutes of Special Meeting of Monday, August 28, 2000. MOTION by Marlaine Szurek, seconded by Gary L. Peterson, to adopt the minutes of Monday, August 28, 2000, Special Meeting as presented in writing. All Ayes. MOTION CARRIED. 2) Adoption of Resolution 2000-03 regarding Section 8 Administrative Transfer. Mr. Schumacher explained that for sometime staffhas been working on the Transfer of the Section 8 Program. He explained that there is some confusion with the Columbia Heights HRA and EDA and to which authority needs to approve the transfer papers. Therefore, staffhas duplicated the paperwork for both the HRA and EDA's approval. To date, all Section 8 participant files are in order, re-certifications and physical inspections of all units have been completed. Staff has been working closely with both Metropolitan HRA staff and the local HUD office to full fill all transition criteria in order to meet the projected October transfer date, Under state statue, a city may, by resolution, authorize another housing authority to act un its behalf with respect to any powers, as its agent, such as administration of its Section 8 Program. Formal action on such a resolution is required for this transition to take place. MOTION by Gary L. Peterson, seconded by Marlaine Szurek, to adopt Resolution 2000-03, transferring all administrative responsibilities for the operations of the Columbia Heights Section 8 Program and to authorize all other related letters of intent be submitted to the appropriate agencies. All ayes. MOTION CARRIED. 3) Adoption of HRA/EDA and Metropolitan Council's Transfer Agreement. Mr. Schumacher explained that the pink copy of the Transfer Agreement that was passed out tonight is the corrected Agreement to be used. In the Agreement under Item #17, the Metropolitan Council has changed this section as of today to say the HUD has to approve the transfer to make it effective before the transfer is made. He also stated that the City Attorney, Jim Hoeft, has reviewed this document and has approved its content. The proposed agreement is a product of the Columbia Heights staff, Metropolitan HRA, and our Section 8 consultants. The agreement covers all aspects of the adminisn:ative transfer of the Columbia Heights Section 8 program over to the Metropolitan HRA. The effective date of the transfer is November 1, 2000. The client files will be delivered to Metropolitan HRA on October 4, 2000. It affects only the administration of the Section 8 Program, and makes no reference or has no impact on the annual contributions contract from HUD. MOTION by Gary L. Peterson, seconded by Marlaine Szurek, to enter into the Agreement governing the transfer of Federal Section 8 Housing Assistance Program administration within the City of Columbia Heights and have the President and Executive Director execute same. All ayes. MOTION CARRIED. Chairman John Hunter expressed his thanks to ail of the staff involved in straighteffmg up the files so that the program could be transferred. All Corurmssiuners responded with thanks to Randy Schumacher, Cher Bakken, Carole Ann Mengelkoch and Julie Hanson for their efforts. Economic Development Authority Minutes September 25, 2000 Page 2 ADJOURNMENT MOTION by Gary L. Peterson, seconded by Marlaine Szurek, to adjourn the meeting at 6:40 p.m. All ayes. MOTION CARRIED. Respectfully submitted, Cheryl Bakken Recording Secretary H:~IRA-2000\Special Mtg.9-25-2000 COLUMBIA HEIGHTS PUBLIC LIBRARY BOARD OF TRUSTEES MINUTES April 3, 2001 The interim bill list of March 20, 2001, was approved by a phone poll of the following Library Board Members: Nancy Hoium; Catherine Vesley, and Patricia Sowada. The bill list of April 9, 2001, was also by approved by phone poll of the above Board members. The remainder of the meeting scheduled for April 3, 2001, was cancelled. Respectfully submitted, ffanine M. Schmidt Secretary to the Library Board of Trustees. The City of Columbia Heights does not discriminate on the basis of disability in the admission or access to, or treatment or employment in, its services, programs, or activities. Upon request, accornmodation will be provided to allow individuals with disabilities to participate in all City of Columbia Heights services, programs, and activities.