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HomeMy WebLinkAboutZoning OrdinanceAN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COLUMBIA HEIGHTS, MINNESOTA REGULATING AND DEFINING ZONING DISTRICTS; ADOPTING A REVISED ZONING MAP FOR THE C~TY 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, MOPJ~LS, 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, Mirmesota (the "City") has determined that the current Zoning Ordinance needed to be rewritten in order to appropriately address development and redevelopment issues; and WHEREAS, Minnesota State Statutes expressly preserves the right of municipalities to adopt Zoning Ordinances regulating therein land use and development; and WHEREAS, City Planning staff and the PlannLrtg and Zoning Commission have adequately reviewed appropriate provisions to address development and land use issues; and WHEREAS, the City Council has determined that the current zoning provisions within the City Code are inadequate as they relate to development issues; and WHEREAS, City staff and the Planning and Zoning Commission have drafted amendments to the City Code determined to be necessary' to promote and protect the stability and character of residential, comrnercial, industrial, and public areas of the City; and WHEREAS, the City Council has determined that this ordknance 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 O~INANCE Adopted May 29, 2001 (# 1428) Amended October 13' 2003 (#1460) City of Columbia Heights ZOning and Development Ordinance - Section 1 Page 1-2 TABLE OF CONTENTS SECTION 1 SECTION 2 SECTION 3 SECTION 4 SECTION 5 SECTION 6 SECTION 7 SECTION 8 SECTION 9 PLrRPOSE, AUTHORITY ANT) JUrRISDICTION RULES OF CONSTRUCTION DEFiNITIONS ADM~JISTRATION AND ENFORCEMENT NON-CONFORMITIES GENTiRAL DEVELOPMENT STAN-DARDS SPECIFIC DEVELOPMENT STAB~ARDS GENEtL4L DISTRICT PROVISIONS RESDENTJ_AL DISTRICTS SECTION 10 COMMERCJAL DISTRICTS SECTION 11 SECTION 12 SECTION 13 SECTION 14 INDUSTP~ DISTRICTS MIXED-USE DEVELOPME~ DISTRICT OVERLAY DISTRICTS SUBDIVISION REGULATIONS EXHIBIT A: COLUMBIA HEIGHTS TOWER SITING ORDiNANCE NO. 1424 EXHIBIT B: ZONING MAP 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 T~t~e This ordinance shall be knox~n, cited and referred to as the Colurnbia 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) Prov/de 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; Provide fbr the compatibility of different land uses and the most appropriate use of land throughout the City; (i) Provide for the effective administration of thSs Ordinance, including powers and duties of officers and bodies, procedures and standards for land use approvals, and procedures fbr 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 Authorit3~ This Ordinance is enacted under the authority granted to the City of Columbia Heights by the Murficipal Plapming 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 hacorporated into this Ordinance. 9.104 Jurisdiction This Ordinance governs the use of at1 land and structures within the corporate limits of the Citb~ of Columbia Heig~hts, 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 anct/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 Zon/ng and Development Ord/nance - Section 1 Page 1-5 CHAPTER 9: SECTION 2: LAND USE AND DEVELOPMENT RULES OF CONSTRUCTION 9.201 9.202 Language The following roles of construction govern the language of tiffs Ordinance: (a) The singular number includes the ptural mad the plural the singular; (b) The present tense includes the past and furore tenses, and the future tense the present; (c) The word "shall" is mandatory, and the word "rnay' is permissive; (d) The masculine gender includes the feminine and neuter genders; (e) W'henever a word or term defined in~s Ordinance appears in the text of this Ordinance, its meaning shall be as stated in the Ordinance definition; (f) that are not defined in this Ordinance shall have the in the most recent addition of Webster's Unabridged (g) (h) (i) Words or terms meaning found Dictionary; Words or terms not defined in Webster's Unabridged Dictionary shall have their ordinary, usual meanLng at the time the word or term is applied to a zoning or development question or situation; General words are construed to be res~cted in their meaning by preceding particular words; The terms "Ordinance" and "Code" may be used interchangeably hereunder; Application In their interpretation and application, the provisions of this Ordinance shall be held to be the minimum requirements for the promotion and protection of the public health, safety, morals and general welfare. The City may impose additional requirements where deemed necess~ to protect the public interest and ensure compliance with the standards and proposes of this Ordinance and the goals and policies of the Comprehensive Plato City of Columbia Heights Zorfing 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 taw, the pro'~fision that is more restfictive~ 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 jursdiction finds any provision of this Ordinance to be hnvalid, that judgment shall not affect any other provisions of this Ordinance not specifically included in the judgment. (b) 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 roles govern the interpretation of this Ordinance: (a) CiO, 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 consm~ed if possible to give effect to all the provisions of this Ordinance. When the words of this Ordinance in the/Lr application to an existing situation are clear and free from all ambiguity, the letter of this Ordinance shall not be disregarded under the pretext of pursuing the spirit. When the words of this Ordinance are not explicit, the intentions of the City Council may be ascertained by considering, among other matters: a. The occasion and necessity for the ordinance provision; b. The circumstances under which it was enacted; or specific City of Columbia Heights Zoning and Development Ordinance - Section 2 Page 2-2 Cb) (c) c. The mischief to be remedied; d. The object to be attained; e. The former zoning ordinance; £ The consequences of ap~icular 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. Grarm~natical errors shall not destroy the application of th/s Ordinance. A transposition of words and clauses may be resorted to when a sentence is wSthout meaning as it stands. Words and phrases which may be necess~ 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:~ey refer. Exceptions expressed in this Ordinance shall be construed to exclude all others. x3Fhen a general provision of t~is 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 provisior~ 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 Co~.mcil 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 arnended, 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 enacFment, and the new provision shall be construed as effective only from the date when the amendment became effective. 'When this Ordinance adopts the provisions of State Statute by reference, it also adopts by reference any subsequent amendments of that statute except -when the intent of the City CounCil is clearly to the contrary. If two or more amendments to the same provision of this Ord/nance 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. V~nere a conflict exists between a diagram and the text, the text shall prevail. City of Columbia Heights Zoning and Development Ordknance - 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 Ordinance, are defined as follows: Abandonment: To discontinue a use or activity for any reason, but excluding temporary interruptions to the use during periods of building or remodeling where a valid building permit has been issued or during periods of routine seasonal closure. Accessory Building or Str'acture: 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 pr/mazy~ use of the principal building or buildings. Addition: Any change or modification in construction or occupancy of an existing structure. The enclosure of an existing screened porch, deck, roofed deck, patio, or roofed patio shall be considered an addition. Adjacent or Contiguous: Bordering, toucl-fing 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 shalt be deemed adjacent. Adult Use: Adult uses include adult bookstores, adult motion picture theatres, adult motion picture sales/rental, adult mini-motion picture theatres, adult massage parlors, adult steam room/bathhouse/sauna facihties, adult companionship establishments, adult conversation parlors~ adult health/sport clubs, adult cabarets, adult novelty businesses, adult motion picture arcades, adult modeling studios, adult hotels/motels, adult body' painting studios, and other premises, enterprises, establishments, businesses or places open to some or all members of the public, at or in which there is an emphasis on the presentation, display, depiction or description of "specified sexual activities" or "specified anatomical areas" which are capable of being seen by members of the public. Activities classified as obscene as defined by Minnesota Statutes 617.241 are not included. Adult Use, Accessory: The offering of retail goods for sale which are classified as adult uses on a limited scale and which are incidental to the primary activity and goods and/or services offered by the establishment. Examples of such items include the sale of adult magazines, the sale or rental of adult motion pictures~ the sale of adult novelties, and the like. City of Columbia Heights Zoning and Development Ordinance - Section 3 Page 3-1 Adult Use, Principal: The offering of goods and/or services which are classified as adult uses as a primary or sole activity of a business or establisbJnent and include, but are not limited to adult body painting studios, adult bookstores, adult cabarets, adult companinnshJp establishments, adult conversation parlors, adult health clubs, adult theaters, adult modeling studios, and adult saunas and massage parlors. Alley: A public r/ght-of-way or pr/vate way that affords a secondary ri:leans 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 Mr~DOH 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 ~ard: A lot or yard wxhere 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 bu/lding located part/ally, 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 gUests. Bedroom: Amy room used principally ~:or sleeping purposes and does not contain separate kAtchen and sanitary ihcilifies. Boarding ~r~ouse: A building other than a motel or hotel where, for compensation and by pre-arrangement for definite per/ods~ 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 Zon/ng and Development Ordinance - Section 3 Page 3-2 Buffer: A landscaped area intended to separate and/or partially obstruct the view of adjacent land uses or properties from one another. Building: Any' roofed structure that may provide shelter or enclosure of persons, animals or chattel. Buildable Area: The area of the lot remaining after the minimmn yard or setback reqnirements 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 rep--resenting the distance which the building is set back from the street right-of-way or other property line. Bulk Regulations: Standards and controts that establish the maximum size of structures and the buildable area with_in which the stracture 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, emplo3mqtent, 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 ofsaid building. Canopy, Awning or Marquee: A projection or extension of a structure, building or place of assembly, erected in such a m~er 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~ Cam, ash: 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 smtcture 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 ~agnosis and treatment of sick or injured animals and those animals in need of medical attention. Coffee Shop: An establishment engaged pr;mCipally 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 stxnacture 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, ~ansportation, and commurfity facilities including recon,anendations 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 Com~rfission for any conditional use so permitted in any use district. Convenience Store: A retail establishment, having a max/mum 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 boundm3~ marking the edge of a roadway or paved area. Curb Level: The grade elevation as established by the City, of the curb in front of the center of the building. Where no curb level has been established, the City City of Columbia Heights Zoning and Development Ordinance - Section 3 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. Da), 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 fac/lity 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, t_he maximum number of children who may be served, and the number and qualifications of required outside teachers and helpers are set forth in Minnesota Statutes. This use may be licensed by other agencies. Day Care, Group: A non-residential facility where child care~ protection and supervision services are provided on a regular basis for periods of less than 24 hours. A group day care facility may also be referred to as a Nursery. Deck, Attached: A structure six feet ormom 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 an3, land required for public streets or other rights-of-way. Development: All structures and other human modifications of the landscape. Drinking Establishment: Any premise where alcohol or non-alcoholic beverages are sold at retail for consumption on the Premises. Drive-in Facility: Any portion of a building from which business is transacted, or is capable of being transacted, directly w~th customers located in a motor vehicle. Such use may also be referred to as a ~ve-t?~rough. City of Columbia Heights Zoo/rig and Development Ordinance - Section 3 Page 3-5 Driveway: A private way used by vehicles to gain access to an individual lot or parcel of land. For one- and two-family dwellings, the dr/veway 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 mom 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 desired 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 consmacting and maintaining utilities, including, but not limited to, sanitary sewers, water mains, electric liners, telephone lines, storm sewers or storm drainage ways, and gas lines. Emergency Shelter: A non-profit, ch~t£ble, 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 sisals, 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 si~ificant reach. Facade: The exterior wall of a building exposed to public view. City of Columbia Heights Zoning and Development Ordinance - Section 3 Page 3-6 Family: An individual, or two or more persons each related by blood, manSage 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, stmc:ture, wall or gate erected as a dividing marker along property lines or within the required yard. Filling: 2~e 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 desired to or may' readily be converted to expel a projectile by the action of an explosive or other form of combustion, but excluding a smd or nait gun used in the construct/on 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 floodplain outside of the floodway. Flood fringe is synonymous with the term floodway fringe used in the Flood J2surance Study. Flood Plain: The areas adjoining a watercourse that have been or hereafter may be covered by the regional flood. Flood Proofing: A combination of stmc. tu~ral provisions, changes, or adjustments to properties and structures subject to flooding primarily for the reduction or elimination of flood damages. Floodway: The channel of the watercourse and those portions of the adjoining flood plain that is reasonably required to carry and discharge the regional flood. Floor Area, Net: The sum of tlSe gross horizontal areas of the several floors of a building including interior balconies, mezzan'mes and basements, but excepting that area primarily devoted to window disptay, 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 fight-of-way line of a public street or the boundary of a private street. Funeral Home: A building or part of a thereof used for human fimeral 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, Pri'~,ate: A detached accessory building or portion of principal building, ~cluding a carport, wh/ch is used prim~ty for storing passenger vehicles, trailers or one (1) track 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 ~ a dwelling. The person conducting the sale shall be a member of the family occup34ng 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/ts principal diffuser and/or its associated focusing reflector. Glare, Indirect: Light described in the defirfifion 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 simil~ energy source; or (b) reflect 70 percent or more of the light h~cident upon them; or (c) Produce by imaging the effect of the conditions of part (a) above. Graphics: Am illustration or rendering -which isnot for an advertising purpose and which is applied directly to a building°r structure. Height, Building: The distance measured from the mean curb level along the front lot line or from the mean ground lev'et for all of that portion of the structure having frontage on a public right-of-way, wh/chever is higher, to the top of the corn/ce of a flat roof, !o 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 Zon£ng and Development Ord/nance - Section 3 Page 3-8 or other arch type roof, to the mean d/stance of the highest gable on a pitched or hip roof. Height, Structure or Sign: The distance measured from the mean curb level along the front lot line or from the mean gromr~d 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 1~r residential purposes and shall not change the residential character of the dwelhng or have an adverse effect on adjacent properties nor constitute a nuisance or safbty hazard. Hotel: A building containing eight (8) or more guest rooms in which lodging is provided Mth or without meals for compensation and which is open to transient, permanent guests or both, and where no provision is made for cooking in may guest room, and in which ingress and egress to and from all rooms is made through an inside lobby or office super~,ised by a person in charge. Impervious Se~q, ice: 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 bullrings 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, cle:aned, paCked, disassembled or handled including but not lknited to scrap, iro~ 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 ~s Ordinance so as to modify the existing grade, excluding excavations for the placement of footings or the construction of basements. City of Colmnbia Heights Zoning and Development Ordinance - Section 3 Page 3-9 Lot: A parcel of land occupied or used or intended for occupancy or use by a use permitted in this Ordinance, abutting on a public street, and of sufficient size to provide the yard required by this Ordinance. Lot, 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 apPtying th~s Ordinance. Lot of Record: Any lot which is one (1)unit of a plat heretofore or hereafter duly approved and filed, or one (1) un/t of an Auditor's subdivision or a Registered Land Survey, or a parcel of land not so platted, subdivSded or registered for which a Deed, Auditor's Subdivision or Registered Land Survey has been recorded in the ofce of the Register of Deeds or Registrar of Titles for Anoka County, Minnesota prior to the effective date of ds Ordinance. Lot Area: The area of a lot in a horizontal plan bounded by the lot lines, but not including any area occupied by the waters of a duly recorded lake or area which has been dedicated as a public right-of-Way. Lot Area per Dwelling Unit: The number of square feet of lot area required per dwelling unit, Lot Depth: The mean horizontal distance between the front lot line and the rear lot line of a lot. Lot Li~,e: 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 ~at 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 l~e shall be designated by the owner and filed with the City. Lot Line, Rear: That boundm~y of a lot ~at 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) ~et in length within the lot, parallel to, and at the maximum d/stance from the front lot line. Lot Line, Side: Any boundary of a lot that is not a front lot line or a rear lot line. Lot, Substandard: A lot or parcel of land that has less than the required minimum area or width as established by this Ordinance as a buildable parcel. Lot Width: The minimum horizontal ~stance 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 smmmre or structures eqtfipped with the necessary service connections and made so as to be readily movable as a unit or m~its on its or their own running gear and designed to be used as a dwell/rig unit or tm_its without a permanent foundation. The phrase '%vithout a permanent foundation" indicates that the support system is constructed w~th the intent that the mobile home placed thereon will be moved from time to time at the convenience of the owner. Manufactured Home Park: A parcel of land so designed and improved with utilities, parking pads, walks access roads, and other facilities to accommodate manufactured homes that are to be used ~ 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 wb~ich is open to transient, permanent guests or both, and where no provision is made for cootdng 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 pr/madly in the sate 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 pr/mafily 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 serv4ce bays, and may engage ~ minor motor vehicle repair. Cky of ColUmbia Heights Zoning and Development Ord/nance - Section 3 Page 3-11 Motor Vehicle Repair, Major: General repair, rebuilding or reconditioning of engines, motor vehicles or trailers, including body work, frame work and major painting service. Motor Vehicle Repair, Minor: The replacement of any part or repair of any part including the removal of the engine head or pan, engine, transmissior~ or differential; incidental body and I%nder work; minor painting and upholstering service when said service above stated is applied within an enclosed build/ag. 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 orgarfisms 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 ~he services of others. Obstruction: Any dam, wall, wharf, emb~ent, levee, dike, pile, abutment, projection, excavation, charmel rectification, culvert, building, wire, fence, stock-pile, 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 d/recfion of the flow of ~ter, 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. Q]~ce: A building or portion of a building wherein servSces are performed involving predominantly admi~strafion, ProfeSsional or clerical operationso Official Control: Means legislatively defined and enacted policies, standards, precise detailed maps, and other criteria alt of which control the physical development of a municipality or a cOUnty or any part thereof or any deta/1 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 lh~ked to ordnances estabt~s~ng zoning, subd/vision controls, site plan regulations, sanitary codes, building codes, housing codes and official maps. Official Map: Means a map adopted in accordance to Minnesota Statutes which may show existing roads and h~ghways, furore roads and highways and the area needed for widening existing public land ~d facilities and other land needed for future parks, playgrounds, schools, and other public buildings, civic centers, travel service facilities. Opaque: Impervious to the passage of light. City of Columbia Heights Zoning and Development Ordinance - Section 3 Page 3~ 12 Open Sales Lot: Land devoted to the d/splay 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 wffbJn or related to a development designed and intended for the common use or e~]oyment of the occupants of the development or the public at large. Ordinary High [¥ater Mark: Ordinary' l-figh water level shall have the mean/ng given in Minnesota Statutes, Section I©3G~005, Subdivision 14; or successor statutes. Outside Storage: The keeping in an unroofed area of any goods, bulk mater/al, other material, merchandise, or products for more than twenty-four hours. Overlay District: A zoning district that encompasses one or more primary' zorfing districts, or portions thereof, and that imposes additional requirements above and beyond those required by the primary zoning distr/ct. 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, wi,ich distinguishes it from other parcels. Parking, Joint: The development and use of a parldng space or park/ng lot by two (2) or more separate uses. Pedestrian Way: A public or private fight-of-way, across or with/n a block that pro,~qdes access for pedestrians. Perjbrmance 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 build~gs. Persons: Any individual, fn-m, parmership, corporation, company, association, joint stock association or body pohtic; includes any trustee, receiver, assignee, or other similar representative thereof. Place of F~'orship: A building, together with its accessory buildings and uses, where persons regularly assemble for religious worship and wh/ch buildings and uses are maintained and controlled by a religious body organized to sustain regular public worsh/p. Planned Unit Development: Planned Unit Development means a type of development character/zed by a unified site design for a number of dwelling units City of Columbia Heights Zoning and Development Ord/nance - Section 3 Page 3-t3 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 mad other elements pertinent to transfer of owmership 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 Mirmesota 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 m~ade 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 knowm 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, wh/ch, for gain or otherwise, regularly provides one or mom dependents with twenty-four (24) hour a day substitute for the care, rood, lodging, training, supervision, rehabilitation, and treatment they need, but which for any mason 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 Minr~esota Department of Corrections. Restaurant: An establish2r~ent engaged in ~e preparation and retail sale of food and beverages, which is character/zed bY table service to customers and does not meet the definition of a fast food restaur~t. 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 ~oss floor area is devoted to customer dining. (b) A permanent menu board is provid~ 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 consumLng it. (e) A self-serve condiment bar is provided. (f) Trash receptacles are provided for self-serve bussing. (g) Famishing 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 a'butting properties, whether designated as a street, highway, thoroughfare, parkway, throughway, road, avenue, boulevard, lane, service road, place or however otherw4se designated. Roof Line: The uppermost line of the roof of a building or, in the case of an extended facade, the uppermost height of said fagade. 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 fac/l/ties 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 orgzmization. Setback: The minimum horizontal d/stanCe between a building or smtcture 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 an&'or treatment. Sign: A structure, device, advertisement, advertising device or visual representation intended to advertise, identify or communicate information to attract the attention of the public for any p~ose and without prejudice to the generalky of the foregoing. A sign ~cludes any symbols, letters, figures, graphics, or forms painted or otherwise affix~ to a building or structure intended to attract the attention of the public for any purPose. This definition includes a structural or nonstrucmral device that b~rders, illuminates, anirnates or projects the visual representation. (a) (b) (c) (d) Sign Area: The entire area witch a s~gle continuous perimeter enclosing the extreme limits of s~.~ch 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 sm2ctures on which any sign is sKpported, which do not form an integral part of the display, are not included inthe sign area. Sign, Maximum Height: Refers tothe vertical d/stance 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 sm~cture which supports or is capable of supporting any sign, including the framework, braces, uprights, and supports of such signs. Said definition shall not 4nctude 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, ~gillboard: 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 ava/lability for rental or sale of the sign itsel£ Sign, Canopy, Awning orMarquee: A sign suspended from or forming part of the canopy, awming, or marquee that does not extend horizontally beyond such canopy, awming or marquee. Sign, Changeable Copy: A sign emplo~4ng detachable copy, letters or symbols wkich may be altered, substituted or rearranged to convey vary/rig messages, regardless of method of attaclmment. Sign, Changing: A sign which d/splays Copy changes, such as an electronically or electrically controlled public serv-ice~ 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, Cop), 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 an4/or illumination, inclusive of illuminated signs. Sign, Flashing: A sign that contains fla~mh2ng lights or exhibits discernable and purposef~ztl 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, Ci~, 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 ~n addition to the activity carried on in the building, structure or institution, or the occupation of the person. Sign, i;ltuminated: A sign designed to give forth or reflect any artificial light, either directly from a source of hght incorporated in or connected with such sign, or indirectly from an artificial source in fhe irmnediate proximity thereof. Sign, Incidental: A small sign less ~an two (2) square feet in area of a noncommercial nature, intended prim~Iy for the convenience of the public, including signs designating rest areas and public telephones. Sign, Institutional: A sign used by an institution. S(gn, Monument: A permanent freestanding sign which is not affixed to any part of a building or structure and which is typically constructed of masonry, concrete, wood or other decorative type mater/al to complement the surrounding area. Sign, Political: A sign which states t~he name, slogan andtor picture of an individual seeking election to a public office, or which pertains to a public election or referendum, or which relates to or advocates political views or policies. Sign, Portable: A sign that is not permanently attached to the ground or to a building or structure. Sign, Projecting: A sign which extends outward from the wall of a building or structure more than 18 inches, and is suppOrted by or suspended from such wall. Sign, Real Estate: A sign offerLng land Md/or buildings for sale, lease or rental, located on such property. Sign, Revolving: A sign, any part of whiCh turns, rotates, or revolves. Sign, Roof'. A sign which is painted on~ affixed to, or erected upon the roof or parapet of a building or structure of which any portion in situated on or above the roof level of such building or structure and is wholly or partially supported by said building or structure. Sign, Temporary: A sign, banner, pennant, valance, or advertising device intended to be displayed for a timited period of time, whether portable or attached to the principal structure. Sign, Time and Temperature: A sign that displays only time and temperature information. City of Columbia Heights Zoning and Development Ordinance - Section 3 Page 3~ 18 Sign, t&~atl: 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, ~indow: A sign painted on, placed in, or affixed to any window, exclusive of merchandise on display. Shopping Center: A group of four (4)rjr more commercial uses that has either common management or ownership, or has a contiguous gross retail area of twenty thousand (20,000) square fbet 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 me~ng given in Minnesota Statutes, Section 103F.205, Subdivision 4, or successor statutes. Significant Historic Site: gm archaeological site, standing structure, or other property that meets the criteria for eligibility m the National Register of Historic Places or is listed in the State Register of Historic Sites or is determ'med to be an unplatted cemetery that falls under the provisions of the Minxiesota Statutes, Section 307.08; or successor statutes. A Nstoric site meets these criteria if it is presently hsted 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 fbmale breast(s) below a point immediately above the top of the areola: ~d human male genitals in a discernibly turgid state, even if completely and opaquely Covered. Specified Sexual Activities: Activities including: (1) Actual or simulated sexual intercourse, oral copulation, anal intercourse, orai,anal copulation, bestiality, direct physical stimulation of unclothed genitalsi flagellation or torture in the context of a sexual relationShip, or the use of excreteW i~mctions in the context of a sexual relationShip, and any of the following seXUally-oriented acts or conduct: anilingus, buggery, coprophagy, coprophilia, cmnxii!ingUs, fellatio, necrophilia, pederasty, pedophilia, piquerism, sapph/sm, zooerasty; or, (2) Clearly depicted human genitals in the state of sexual stimulation, arousal or tumescence; or, (3) Use of hmman 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, fetter/rig, binding or other physical restraint of any such persons; or, (6) Erotic or lewd touching, fondling or other sexually-oriented contact with an animal by a human being; or, (7) Human excretion, urination, menstruation~ vaginal or anal irrigation. Story: That portion of a building included between the surface of any floor and the surface of the floor next above it; or if there is no floor above, the space between the floor and the ceiling next above. A basement shall be counted as a story. Street: A public fight-of-way not less than fifty (50) feet in width wh/ch 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, o~er than incidental repairs, which would prolong the life of the supporting members of a building, such as beating walls, column beams, g/rders, or foundations. Subdivision: Land that is divided for the purposes of sale, rent, or lease and including planned urfit developments. Twinhome: A single-family residential dwelling on an individual lot, sharing a common wall with another single-family residential dwelling. Use: The propose or activity for which the land, structure or building thereon is designed, arranged, or intended, or for w~ch k 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 d/strict 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 servqce without an attendant. City of Columbia Heights Zorfing and Development Ord/nance - Section 3 Page 3-20 I~all 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 tot tine to a d~th or width specified in the yard regulations for the district in which such lot is located. Yard, Front: A yard extending along the fi~ll 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 extend~g 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 tot line between the front and rear yards, having a width as specified in the yard regulations for the distMct 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 witkfin the limits of the City for which the regulations and requirements governing Use are uniform. City of Columbia Heigjnts Zorfing m-id Development Ordinance - Section 3 Page 3-21 CHAPTER 9: SECTION 4: LAND USE AND DEVELOPMENT ADMINISTRATION AND ENFORCEMENT (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 ari.d bodies, without limitation upon such authority a.s each may possess by law, have responsibility for implementing and administering this Ordinance: (a) (b) (c) (d) Zoning Administrator Development Review Committee Plamning Commission Cio./Council Zoning Administrator. (a) Authority. The Zoning AdmimLstrator 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 Columbi~ Heights Zoning and Development Ordinance - Section 4 Page Conduct inspections of buildings and uses of land to determ/ne compliance with the provisions of this Ordinance. Maintain permanent and current records of this Ordinance, including, but not limited to, all associated maps, amendments, conditional uses, vadances~ and appeals. o Receive, file and forward all applications for appeals, variances, conditional use permits, zor~ng ordinance amendments, vacations, minor subdivisions, preliminaxy plats, final plats or other matters to the appropriate dec:ision-makcJng body. Make a determination of compliance w/th 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: Review plans and plats for conformance with the technical requirements of tl'fis Ordinance. D Make recommendation to the Planning Commission and City Council regarding applications for development or land use approvals. Planning Commission. (a) Authority. The Planning Commission shall be appointed by the City Council. (b) Duties. The Plamning Corrtmission shall have the following responsibilities: Hear and make recommendations to the City Council regarding all applications for a conditional use permit or an amendment to a conditional use permit. City of Columbia Heights Zoning and Development Ordinance - 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. o Hear and make recommendations to the City Council regarding all applications for minor subdivisions, preliminav.~ plats and final plats. Review, hold public heafing.s~ and prepare recommendations on any changes to the City's Comprehensive Plan. Review this Ordi=tance 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. 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 Comxnission shall have the following additional responsibilities: Hear and make decisions on alt applications for an appeal of any administrative order, req~ement, determination or final decision made by the Zoning A~inistrator 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 Ord/nance. City Council. (a) Authority. The City Council shall have the authority given to it by State Statutes. (b) Duties. The City Council shall hem 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 apphcation shall be accompanied by detailed wMtten and graphic rnaterials ~_tlly explaining the proposed City of Columbia Heights Zoning and Development Ordinance - SectiOn 4 Page 4-3 development or land use change, as required by the Zoning Administrator. The application shall also be accompanied by the appropriate fee, proof of legal interest in the property, and two copies of a list of property owners within 350 feet of the subject property or as otherwise defined in State Statutes, in the format required by the Zoning Administrator. Additional Information. The Zoning Admi~strator 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 pturpose 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;ail items that are required in support of the application, including any additional sm~es or infonnation required by the Zoning Administrator, have been submitted. Application Fees. Fees for all applications for development or land use approval shall be estabhshed by resolution of the City Council. Fees shalt be payable at the time applications are filed with the Zoning Admhtistrator and are not refi2ndable 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 CiD' Council or Plarming 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 up, ess a t/me 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 apphcation 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 Zon/2g and Development Ord/anance - 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 Public Ilear[ngs Notice of Public Hearing. For all development or land use applications requiring a public hearing notice of the public hearing shall be as follows: (a) Official Publication. The Zoning Administrator shall publish notice of the time, place and purpose of the public heating at lea~st once in the official Cite~ newspaper, not less than 10 days nor more than 30 days before the hearing. (b) Notice to Affected Property Owners. The Zoning Administrator shall mail a written notice of the time, place and propose of the public hearing to all owners of record of property located in whole or in part within 350 feet of the boundaries of the subject properD~, or as otherwise defined in State Statutes, not less than 10 days nor more than 30 days before the heating. The failure to give mailed notice to individual property owners, or defects in the notice, shall not invalidate the proceedings, provided a bona fide attempt to comply with this requirements has been made. (c) Notice to Department of Natural Resources. When a land use or development application relates to property within the Floodplahn Management or Shoreland Management overlay district, the Zoning Administrator shall mail a written notice of public hearing to the Commissioner of Natural Resources at 1east 21 days before the hearing. (2) Hearing Procedure. All hearings shall be open to the public. Any person may appear and testify at a hearing iv_ person or by representative. Upon conclusion of the public testimony, the decision-m~ng body shall announce its decision or recommendation, or shall continue fhe matIer to a subsequent meeting. City of Columbia Heights Zoning and Development Ordinance - Section 4 Page 4~5 9.405 Appeals (1) 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 app134ng 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. (2) Application for Appeal. An appeal must be made by fling 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. (3) Public Hearing. The Planning Commission, sitting as the Board of Appeals and Adjustments, shall hold a public heating on the appeal in accordance with the requirements of this Section. After the close of the heating, the Planning Commission shall render its findings. 9.406 Zoning Amendments (1) 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 Cormmission, or by application of an3" person with a legal interest in the affected property. (2) 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 Zonk~g Administrator on the approved form and shall be accompanied by a map or plat showing the l~ds proposed to be changed, a concept development plan and any other information determined by the Zoning Administrator to be necessary. (3) Public Hearing. The Planning Commission shall hold a public heating on the complete application for a zoning amendment and alt amendments initiated by the City Council or Planning Commission h~ ~cordance with the requirements of this Section. After the close of the hear/rig the Plarming Commission shall make findings and submit its recommendation tothe City Council. (4) City Council Action. The City Council shall make the final decision regarding an application for a zoning amendment, s of this Ordinance or the district boundaries on the official zoning map shall require a four fifths (4/5) major/tv vote of the City Council. (5) Required Findings. The City Council shall make each of the following findhags before granting approval of a request to mmend this Ordinance or to change the district boundaries on the official zorfing map: City of Columbia Heights Zonkng and Development Ordinance - Section 4 Page 4-6 o The amenchment 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 ex/sting 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 ch~ge 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. 9.41)7 (1) (2) (3) (4) (6) Varianees Purpose. The propose 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 propemj. 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 AppIicatiom Any person with a legal interest in the property may file an application for one or more variances. Application for Variance. An application for a variance shall be filed with the Zoning Administrator on the approved form and shall be accompanied by a site plan and any other information determhned by the Zoning Administrator to be necessary. Public Hearing. The Planning Co~ssion, sitting as the Board of Appeals and Adjustments, shall hold a public hearing on the complete application for a variance in accordance with the requirements of this Section. After the close of the hearing, the Planning Corhmission shall make findings and submit its recommendation to the City Council. City Council Action. The City Co~.mcil shall make the final decision regarding an application for a variance from the pro'qSions 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 Zorfing 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 sthct adherence to the provisions of this Ordinance would cause undue hardsh/p. o The conditions upon which the vmance 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. o 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 inj~o~as 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 necess~ 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 distrct, but may be allowed upon demonstration that such use meets/dentified standards estabhshed in tbs Orddnance. 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 legat interest in the properey may file an application for a conditional use permit, provided said conditional use is identified as a conditional use wSthin the zoning district in which the property is located. (3) Application for Conditional Use Permit~ An a~pplication for a conditional use shall be filed with the Zoning Administrator onthe 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 ~e close of the hearing, the Planning City of Columbia Heights Zon/ng and Development Ordinance - Section 4 Page 4-8 (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 CiD, 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, cons~cmd, 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 w~l not cause a negative cumulative effect, when considered in conjmnction with the cumulative effect of other uses in the immediate vicinity. The use complies with all other applicable regulations for the d/strict 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 an3' 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 condkional 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 rea.son 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 pubhc 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 ~ght-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 £nall 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 fight-of-way shall be filed with the Zoning Administrator on the approved form and shall be accompa~2ed by a legal description, a survey depicting the area to be vacated, a list of alt 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 ora street, alley or other public right-of- way in accordance with the requirements of this Section. After the close of the heating, the Planning Com~ssion 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 oft he 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 fights 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) (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 t~arther division of previously platted lots, the comb/nation of previously platted lots into fewer lots, or for the adjustment of an existing tot 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 subdi¼sion shall be filed w4th the Zoning Administrator on the approved form and shall be accompanied by an accurate boundary smwey and legal description of the ori~nal parcel, a survey and legal description of the resulting parcels, and any other information determined by the Zonhtg A~irfistrator to be necessary. Public Hearing. The Plarming Co~ission 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 hear/rig, the Planning Commission shall make findings and subrpJt 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 oft he City Council. Required Findings. The City Council shall make each of the following findings before approving a minor subdivision: 1. The proposed subdivision of Im~d will not result in more than three tots. 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 establislhed 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 propose of gaining access to the property. The property has not previously been divided th_rough the minor subdivision provisions of this Ordinance. City of Columbia Heights Zon/ng and Development Ord/nance - Section 4 Page 4-11 (7) 6. The proposed subdivision does not h2nder 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 Cir..'), Council may establish any reasonable conditions of approval that are deemed necessary to protect the public interest and ensure comphance wffh 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 de,cation 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. Recordi~g of Minor Subdivision. Upon approval of a minor subdivision, the applicant shall be responsible for filing fhe subdivision survey with the Anoka County Recorder's Office. Any minor subdivision approved under this Section shall become invalid if the minor sub,vision is not filed with the Anoka County Recorder with/n one (I) 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 with/n the City. Prelkrfin~ 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 ofA_pplication. A~y person having a legal interest in the property may file an application for a preliminary plaL (3) Application for Preliminary Plat. An applkaion for a preliminary plat shall be filed with the Zoning Administrator on the approved form and shall be accompmnied by mn accurate boundary survey and legal description of the original parcel, five copies of the prelkninary plat; and any other information determined by the Zoning Administrator to be necess~. City of Columbia Heights Zoning and Development Ordinance - Section 4 Page 4-12 (4) Public Hearing. The Plapming Commission shall hold a public hearing on the completed application for a prelim/nary plat in accordance with the requirements of this Section. After the close of 'the hearing the Plarm/ng Commission shall make findings and submit its reco~endation 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. (6) Required Findings. The CiD' Council shall make each of the follow/ng findings before appro'v4ng a preliminary plat: The proposed preliminary plat conforms with the requirements of Section 14 of this Ordinance. 2. The proposed subdi,~dsion 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. )m 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 prelim/nary plat will become void. 9.412 Final Plats. Purpose. A final plat is a draw/ng representing the proposed subdivision of land. within the City and serves as the document for recording proposes, a~s required by the Anoka County Recorder's Office. Right of Application. Any person hav/ng a legal interest in the property may file an application for a final plat. A prelim/nary plat for the property must have been approved with/n 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 fora and shall be accompanied by five copies of the final plat and any other/nformation 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 th~s Section. After the close of the hearing, the Planning Commission shall make findings and submit its recommendation to the City Council. City of Columb/a Heights Zoning and Development Ord/~ance - Section 4 Page 4-13 City Council Action. The City Council shall rrl~e the final decision regarding an application ~%r 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 appmvat of a final plat, the applicant shall be responsible for filing and recording the final plat with the Anoka County Recorder's Office within one year of the date of City Council action. In the event that a final plat is not recorded within this time period, the final plat will become void. 9.413 Site Plan Review. Purpose. The propose of the site plan review process is to promote the efficient use of land and visual enhancement of the commmn/ty, 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 Ptam~ng and Zoning Commission and Development Review Cormmittee 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 plaP, 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 sm2ctures; and arty other information determined by the Zoning Admirfistrator to be necessary. Required Findings. The Development Review Committee shall conduct the administrative review of all ske plan approval requests. All findings and decisions of the Committee shall be forwarded to the Planning and Zoning Commission for final decision, unless the Zoning Administrator determines that Development Review Committee approval of site plan is sufficient. The Planning and Zoning Commission shall make e~h of the following findings before approving a site plan: City of Columbia Heights Zon/ng and Development Ord/nance - Section 4 Page 4~14 a) c) d) The site plan conforms to all applic£r~le requirements of this Ordinance. The site plan is consistent with. the applicable provisions of the City's Comprehensive Plan. The site plan is consistent with any applicable area plan. The site plan minimizes any adverse impacts on property in the immediate vicinity and the public right-of-way. Conditions of Site Plan Approval. The Development Review Committee and. the Planning and Zoning Commission may impose conditions of approval on any site plan and require guarantees deemed necess~ 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 o£ the City Zoning Administrator. If the proposed change is detenuined by the Zoning A&ninistrator to be minor in nature, a revised site plan ma), 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 PlarmJng and Zoning Commission Shall be valid for a period of one year. 9.414 Other Development Approvals and Permits. Building Permits. Building permits are req3fired in accordance with the adopted bu/lding 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 ~anted. (2) Sign Permits. All signs displayed within the City are required to obtain a Sign Permit from the Zoning AdminiStrator in acCOrdance with Section 6 of this Ordinance, unless herein excluded. 3 Site Plan Approval. All site development plans for development, other than one (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. (b) Enforcement without Notice. g/Thenever the Zoning Administrator finds that an emergency exists in relation to the enforcement of the provisions of this Ordinance, which requJ[res :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 guil~, 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 (1) (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 but 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 proposes 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 conta/ned in this Section shall be cOnstrued to permit a violation of any of the Columbia Heights City Code or the Continuation of any unsafe provision 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 ofl~d 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 rose of land. Right to Continue. A legal non-conforming use of land rnay be continued as it existed on the effective date of this Ordinance, except as provided for herein. Expansion Prohibited. A non~confo~ng 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) Jntensification 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 a~,d 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. Discontinuatiot~ of Use. A non-conforming use of land that has been discontinued for a period of six (6) months shall notbe re-established. Change of Use. A non-conforming use of land that has been changed to a conforming use shall not thereafter be ~hanged back to any non-conforming use. A change in the use of land from one non-conforming use to another non- conforming use is prohibited. Reduction of Non-conformity. A non-confoming 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. (9) Damaged or Destroyed. A sm~cture contai~ng 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 DiStrct) wMch falls w/thin the 'Town Square Concept' (adopted August, 2000) of ~e 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 reconsm~cted in the same footprint as the original structure, but may not be expanded in size. (10) Uses in Floodway District. Nonconforming uses located in the Floodway District shall be eliminated or brought into confomky Mth 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 moneta~Ty~ 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 termLnation 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 sm2cture that does not conform to the setback, dimensional or density stan~ds of the zoning district in which the property is located shall be deemed a non-conforming structure. Right to Continue. A legal non-confo~ing structure may be continued as it existed on the effective date of this Ordina~nce, except as provided for herein. Expansion Prohibited. A non-confo~ing accessory building shall not be enlarged, altered or expanded in any manner or dimension. A non-conlbrming 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~e assessed value of the structure over the life of the structure at the trek became nonconforming; and 4) would sffl>stantialI'y 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 broug~ht into conformance. However, any principal residential structure located in a LB (Limited Business District), which falls ~ the ~Town Square Concept' (adopted August, 2000) of the Columbia Heights Downtown Master Plan, and is damaged or destroyed by fire or nataral 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 maybe made to a building contaiNng non- conforming residential units when the alteration wSll improve the livability thereof, provided it will not increase the number of dwelling units nor the outside dimensions of the building. 9.504 Non-conforming Lots. (1) Non-conformity Established. A lot of record that does not conform to the width, depth, lot area or frontage requirements of the zoning district in which the property is located is deemed a non-conforming lot. (2) Combination of Lots Required. If ~o or rnore non-conforming lots are conti~ous and under common ownership on the effective date of t?fis 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) 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 minirnum required in the applicable zoning distr/ct, can be used as proposed just as if it were conforming. (4) Variance Required. Development of a non-conforrning lot that will be conforming with all applicable regulations, except for applicable setback requirements, shall require a vmance in accordance with the provisions found in Section 4 of this Ordinance. 9.505 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 th/s 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 requ/res sign/ficant repairs or replacement, the Zoning Administrator may requh:e its removal. Discontinuation of bSe. A non-confoming 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 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, a/r, open space and separation of uses. Uke of Lots. All lots shall be used in a mariner 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. Lot Divisions. No lot shall be divided into two or more lots unless all tots resulting from 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 frontage on a public right-of-way and meets the setback and area requirements for the district in which it is located~ or adjusted to conform as follows: A lot or lot of record upo~n the efi~ecfive date of this Ordinance which is in a Residential District and which does not meet the requirements of this Ordinance ~s to area or width, may be utilized for single fkmily 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 locat~ and sixty (60) percent of the minimum lot area or lot width requirements for the district in which it is located. 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 throug~h a mixed use planned development. City of Columbia Heights Zoning and Development Ordinance - Section 6 Page 6-1 10) Principal Buildings in Non-residential Districts. There may' be more than one (1) principal building on a lot in Non-residential Districts, provided each building meets ail of the requirements, including setbacks, of the district in wi-rich 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 ex/sting yard or other open space is less than the minimum required, it shall not be fi~ther reduced. In addition, no required yard or other open space allocated to a bu/ld/ng 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. ~ any Residential District where the average depth of the front yard for buildings within two hundred (200) feet oft he lot in question and within the same block front is lesser or greater than that required by Ordinance, the required front yard for the lot in question shall be the average plus or minus ten (10)percent of the depth; however, the depth of the required front yard shall not be less than ten (10)f~et nor more than fifty (50) feet. Cbrner Lots. For comer lots, the shorter lot line abutting a public street shall be deemed the front lot line for purposes of ~s Ordinance, and the longer lot tine abutting a public street shall be deemed aside lot line. Through Lots. For through lots, both lot lhaes that abut a public street or other right-of-way shall be deemed front lot l~es for purposes of this Ordinance, and the required front yard shall be provided along each front lot tine. Yard Encroachments. The followqng 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: Com/ces, canopies, awnings, eaves~ bw windows and other ornamental features, provided they do not extend more than three (3) feet into the required yard. b) Chinmeys, 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 th/s Ordinance. City of Columbia Heights Zoning and Development Ordinance - Section 6 P~e6-2 d) Driveways and parldng areas constructed arid 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. Mechanical equipment constructed and ma/ntained in accordance w/th the applicable provisions of th/s Ordinance. g) Signs constructed and maintained in accordance with the applicable provisions of this Ordinance. Private swimming pools, tennis courts, ba~sketball courts or other private recreational facilities constructed and maintained in accordance with the applicable provisions of this Ordinance. ~raffic Visibility. No planting, structure or other obstruction shall be placed or allowed to grow on comer lots in a manner that will impede v/sion on the intersecting rights-of-way, in accordance Mth the following sight triangles: Street Intersections. No planting or s~acture in excess of th/rty (30) inches above the abutting curb line shall be permitted within the sight triangle, defined as the area beginn/ng 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 (3@) feet from the point of beginning on the other curb line, then back to apoint of beginning. b) Street and Alley Intersections. NO planting or structure in excess of th2rty (30) inches above the abutting curb line shall be perrrfitted within the sight triangle, defmed as the area beginning at the point of intersection of the prqjected curb line and the alley fight-of-way, then thirty (30) feet along the street curb line, diagonally to a point fifteen (15) fbet 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 begintfing at the point of intersection of the two alley fight-of-way lines, then fifteen (15) feet along one alley fight-of-way line, then diagonally to a point fifteen (15) feet from the point of beginnhng along the second alley right-of-way line, then back to the point of . Any structures existing within this sight hdangle shall be deemed non-conforming structures in accordance with the provisions of Section 5 of this Ordinance. City of Columbia Heights Zon/mg and Development Ord/nance - Section 6 Page 6-3 9.603 1) Height Limitations. The building and smacture height limitations established for each zoning district shall apply to all 'buildings and structures, except that such height limitations may be increased by ill:ky (50) percent when applied to the following: a) b) c) d) e) f) 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. Mechar~cal 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. be following standards shall regulate the construction and maintenance of residential accessory structures: a) Each residentially zoned parcel shall be allowed two (2) detached accessory- strucBnres. b) No accessory struct~me shall be constructed or located within any front yard. c) d) Accessory structures fbr one and two family dwellings shall be set back a mi~_imum of three (3) feet from the side lot line, and a minimum of three (3) feet from the rear lot line, a minimum of five (5) feet from any other building or structure on the same lot, and behind the principal structure building line in the front yard. An accessory structure shall be considered an integral part of the principal structure if it is connected to the principal building by a covered passageway. e) An accessory structure, or any combination of accessory structures, storage sheds and attached garages, shall not exceed one thousand (1,000) square feet in area. The height of an accessory structure shall not exceed the height of the principal structure or eighteen (18) feet in height, as measured to the highest point, w?fichever is less. Cit5, of Colmmbia Heights Zoning and Development Ordinance - Section 6 Page 6-4 The wall height of an accessory structure shall not exceed nine (9) feet in height. h) Where the natural grade of the lot is ten (10) feet or more above or below the established curb level at the front building setback and access from an alley is not available, an accessory structure for the storage of not more than two (2) automobiles may be constructed within any yard, provided that at least one-half of the height is below grade level and the accessory structure is set back a minimum of twenty (20) f~et 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 third~ (30) percent for lots with more than 6,500 square feet in area. Whenever a garage is so designed that the vehicle entry door(s) are facing a street or alley, the distance between the door(s) and the lot line shall be no less than twenty (20) feet for lots greater than 6,500 square feet, and shall be no less than fifteen (15) feet for lots 6,500 square feet or less. 1) Accessory structures for multiple family dwellings shall be placed in the rear yard and shall be subject to the same height and exterior finish regulations as the principal structure for the district in which it is located, in addition to the requirements of this Section. m) Any accessory structure capable of storing one (1) or more motorized vehicle shall be provided with a hard-surfaced access driveway, no less than twelve (12) feet in width, adjacent public street or alley, and shall be no less than 20 X 20 in s~ze. n) Accessory buildings shall not be located within any utility or drainage easement. o) All accessory buildings over 120 square feet in area shall require a building permit fi:om the City'. Accessory Structures, Non-residential Uses. The following standards shall regulate the construction and maintenance of non-residential accessory structures: Ail 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. Civ/~ of Columbia Heights Zoning and Development Ordinance - Section 6 P~e6-5 b) The height of an accessory structure shall not exceed the height of the principal smtcture. 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. The home occupation must be conducted w/thin the principal residential sm~cture and/or up to thirty (30)percent of the floor area of an accessory building or attached garage. e) The requSred 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 paring 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 serYe residential neighborhoods. h) 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. Signage for the home occupation shall be limked to one (1) non- illmminated sign, not exceeding ~o (2) square feet in area and attached to the ,,,,-all of the residential dwelling. J) The home occupation shall meet atl applicable fire and building codes, as well as any other applicable City, State or Federal regulations. City of Columbia Heights Zoning and Development Ord/nance - Section 6 Page 6-6 k) The following home activities shall be prohibited as home occupations: i) ii) iii) iv) v) The operation of any wholesale or retail business unless it is conducted entirely by mail and does not involve the sale, shipment or delivery of merchandise on the premises. The sale of products incidental to the delivery of a service is allowed. Any manufacturing, welding, machine shop or similar use. Motor vehicle repair, either major or minor. The sale, lease, trade or transfer of firearms or ammunition. Headquarters or dispatch centers where persons come to the site and are dispatched to other locations. Ail 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. ?riYate swimming pools and courts. All private swimming pools, tennis com~s, 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 1Sve (5) feet from any property line, including any walks, paved areas or related structures or equipment. d) For sWimming pools, the pool ffself, the rear yard, or the entire property shall be enclosed by a non-climbkbIe 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 Iockable. fn the case of aboveground pools, pool sides that are vertical may contribute to the requked 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 2) h) i) Any accessory mechanical apparatus shall be located at least thirty (30) feet from any residential structure on an adjacent lot. Ali 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 an4/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 e , other than that accessory to one and two famib, dwellings, shall be placed andfor screened so as to minimize the ~4sual impact on adjacent properties and fi:om public streets. Screening may be accomplished through the use of wal!s or other design features that are arc?fitec~ally compatible with the principal structure, screening vegetation, integrated parapet walls of sufficient height, or other means as approved by the Zoning A&ministrator. Dwellings. General Requirements. The fbllowing 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. d) 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: a) One-stow dwellings shall have a minimum floor area of 1,020 square feet, plus t20 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) g) 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 fbet, 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 mit, 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. Apa~nents 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 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 fbnce is located shall be - responsible for locafmg all property lines prior to constructing said fence. c) All fence posts and supporting members shall be placed within the property hnes of the property on which the fence is located. City of Columbia Heights Zonkng and Development Ordinance - Section 6 Page 6-9 2) 3) 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 constrncted ofdurable, weather-treated and mstproofed 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 requ/re a building permit from the City. Residential Fences. The following standards shall apply to all fences consm2cted in any residential zoning district or d~rectly adjacent to any residential zoning district. No fence shall exceed seven (7) ~bet in height. Fences exceeding seven (7) feet in height shall be deerned strucmres~ b) A fence extending across or into the required front yard setback shall not exceed forty-two (42) inches (3.5 feet):~ height; however, fences that are tess than 50% opaque may be up to fbrty-eight (48) inches (4 feet) in height. c) Fences exceedLng six (6) feet in height shall require a building pemfit from the City. Non-Residential Fences. The followLng standards shall apply to all fences constructed in any commercial or industrial zorfing district. No fence shall exceed eight (8) feet Ln height. Fences exceeding seven (7) feet in height shall be deemed stmcVares. b) A fence extending across or into t,he 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 ¢8) inches (4 feet) in height. c) A fence required to screen a commercial or industrial use from an adjacent residential use shall not exceed eight (8) feet in height or be less six (6) feet in height. In addition, said screening fence shall be no less than 80% opaque on a year round basis. City of Columbia Heights Zoning and Development Ord/nance - Section 6 Page 6-10 9.606 1) Fencit~g 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 propose of th/s section is to provide for the installation of essential sm'ices in a manner that does not adverSely affect the public health, safety or welfare. 2) 3) Essential Services Allowed by Permit. The following essential services, when installed in any location in the City and installed primarily for the use of City residents, shall only require a permit from the City Engineer: a) All communication lines. b) Underground electrical transmiSSion lines, overhead utility lines and electrical transmission lines intended to serve properties within the City. c) Pipelines for distribution to individual properties within the City. d) Substations -with less than 33 KV. e) Radio receivers and transmitters accessory to an essential service, when placed on an existing utility pole, tower or light standard. Essential Services Requiring Conditional Use Permit: The following essential services, when installed in any location inthe City and not primarily for the use of City residents, shall require a conditional use permit in accordance with the provisions of Section 4: b) c) d) e) All overhead and underground transmission lines not required for the local distribution network. All transmission pipehnes. Substations in excess of 33 KV. Am5, pole or tower used exclusively for the placement of radio receivers or transmitters accessory to an essential service. Any essential service of which 75 % percent of the service provided or produced is not intended to serve properties within the City. CiW of Columbia Heights Zoning and Development Ordinance - Section 6 Page 6-11 9.607 Any essential service requiring a structure that exceeds the maximum height for the zoning district in which it is located. 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 &stricts unless specified otherwise, provided such use or structure comphes with the m~lations of the zoning district in which it is located and all other apphcabte 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 pm'poses may be located on the site under construction for the duration of the construction. c) Amusement events. Temporary' amusement events, including the placement of tents for such eventS; may be allowed as a temporary use for a maximum of fifteen (15) days per Calendar year. In residential districts, such temporary amusements shall be located on public or semi-public property only. d) Promotional activities. Promotional activities involving the outdoor sale or display of merchand2se ma5' be allowed as a temporary use in non- residential districts for a maximum oftbSrty (30) days per calendar year. e) Seasonal agricultural sales. The seasonal outdoor sale of aghculmral products, including but not limited to produce, plants and Christma~s 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 utihze public right-of-way or public property ibr the sale or display of such items. Other temporary uses. In addition to the temporary uses and structures listed above, the Zoning A 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 Page 6-12 (1) (2) 4) 8) 10) ?repose. 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 structmre shall be operated or occupied so as to constitute a dangerous, injmSous or noxious conditi°n because of noise, odors, glare, hear, vibration, air emissions, electromagnetic disturbance, fire, explosion or other hazard, water or soil pollution, liquid or mlid 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 conta/ned in this Ordinance or any other applicable regulation. Noise. All uses shall comply v~4th 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 imperceptible from any point along the property line. In addition, all uses shall comply with the standards governing vibrations as adopted and enforced by the Minnesota Pollution Control Agency. 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 mariner 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 goverrfing radiation and electrical emissmns as adopted and enforced by the Minnesota Pollution Control Agency. f~aste 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. AIl 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 t% the Minnesota Building Code and the Uniform Fire Code, and shall meet the fotlowk~g requirements: a) AIl uses involving the manufacture, storage or use of explosive or flmmmable materials shall employ best rnanagement practices and the provision of adequate safety devices to guard against the hazards of fire and explosion, and adequate fim~fighting and fire-suppression devices standard in the industry. b) The manufacture or storage of any explosive or blasting agent, as defined /n the Un/form Fire Code, shall be prohibited in all districts except the I-2, General Industr/al D/strict. 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 enfomed by the Minnesota Pollution Control Agency. 9.609 Storm Water Management. 9.609 (1) Purpose. The purpose of this Section is to promote, preserve and enhance the natural resources within the City and protect them from adverse effects occasioned by poorly sited development or incompatible activities by regulating land alterations or development activities that would have an adverse and potentially irreversible impact on water quality and unique and fragile environment~ly sensitive land; by mirfimizing conflicts and encouraging compatibility between land alterations and development activities and water quality and environmentally sensitive lands; and by requiring deta/led 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 p~oses of this Section, the following terms, phrases, words, and the/r derivatives shallhave the mean/r~g stated below. When not inconsistent with the context, words used in the present tense ~Clude the future tense, words in the plural number include the sk,~gular number, and words ~ ~e singular number include the plural number. The word "shall" is always mandatow and not merely directive. ~licant- 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 OrdLnance - Section 6 Page 6-14 Detention Factlit~ - a permanent natural or man-made sm~cture, including wetlands, for the temporary storage of ~off which contains a permanent pool of water. Excavation Activities - any excavation or filling activity as regulated by Section 9.610 of this Code. Flood Fringg - 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. Floodwa~ - the chmmel of the watercourse, the bed of water basins, and those portions of the adjoining floodplain that ~e reasonably required to carry arxd discharge floodwater and pro~vSde water storage during a regional flood. ~ric Soils - soils that are saturated, flooded, or ponded long enough during the growing season to develop anaerobic conditions in the upper part. _Hydrop~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. Land Alteration - any change of the land surface including, but not limited to, removing vegetative cover, excavating, filling;grading, and the construction of utilities, roadways, parking areas and s~ctures. Person - any.individual, firm, corporation, p~ership, franchisee, association or gove~ental entity. Public Waters- waters of the state as defined in Minnesota Statutes Section 103G.005~ subdivision 15. R_R_e_gional Flood- a flood that is represemative o£1arge floods known to have occurred generally in the state and reasonablY Characteristic of what cmn be expected to occur on an average frequency in t-he magnitude of a 100-year recurrence interval. ~ Retention Facili~- a permanent natural Or man~made structure that provides for the storage of storm water runoff by means °fa permanent pool of water. Sediment- solid matter carried by water; sewage, or other liquids. Structure - any manufactured, cons~cted or erected building including portable structures and earthen structures. CiW of Columbia Heights Zoning and Development Ordinance - Section 6 Page 6-15 ~/etlands - lands transitional between terresthal and aquatic systems where the water table is usually at or near the surface or the land is covered by shallow water. For purposes of this definition, wetlands must have the following attributes: a. Have a predominance ofhyddc soils; b. Are inm~dated or saturated by surfhce or ground water at a frequency and duration sufficient to support a prevalence of hydrophytic vegetation typically adapted for life in saturated soil conditions; and c. Under normal circumstances suppO~ a prevalence of such vegetation~ 9.6{)9 (3) Scope_and Effect. Subdivision 1. ~eabili~ This section shall apply to any land alteration requiring anY of the f°lloWSn~ Cermii~-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; land alteration permit as regulated by Section 9.610 of this Code; d. A building permit for a single I~amily 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 a~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 ora singte family or two family dwelling or any structure or land alteration accessory ~ereto except that the provisions of Section 9.609(6), Subd. 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 witch agricultural uses unless an excavation permit is required by Section 9.610; City of Columbia Heights Zoning and Development Ordinance - Section 6 Page 6-16 Installation of a fence, sign, telephone~ and electric poles and other tdnds of posts or poles; or e. Emergency work to protect life, limb, or property. 9.6{)9 (4) SubmisSion Requirements - Storm water Man~gt Plan. Subdivision 1. Storm ~ ~ Management ~1~' ~-~all be submitted v~dth all permit applications identified in Section 9.609(3), Subd. 1. Two sets of clearly legible blue or black lined copies of drawings and required information shall be submitted. Dravcings shall be prepared to a scale appropriate to the site of the project and suitable for the re¥4ew to be performed. At a the scale shall be 1 inch equals 100 feet. The storm water management plan shall contain the t%llowing information, which may be combined into one or more drawings or may be combined w/th submission requirements of other permits or approvals. E_ xisting Site Ma~ Amap of existing site conditions showing the site and immediately adjacent areas, including: The name and address of the apPhcant, the section, towns'hip 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 land.marks; Existing topogaphy 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 al1 stremms, rivers, public waters and wetlands located on and im2nediately adjacent to the ske, 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 Urfite~States Army Corps of Engineers; o Location and dimensions of existing storm water drainage systems and natural drainage patterns on and mediately adjacent to the site delineating/n which direction and at what rate storm water is conveyed from the site, identifying the receiving stream, river, public water, or wetland, and se2ing forth those areas of the unaltered site where sto~ 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 infomatiOn on the suitability of the soils for City of Columbia Heights Zoning ~d Development Ord/nance - Section 6 Page 6-17 Co the type of development proposed and describing any remedial steps to be taken by the developer to render the soils suitable; 7. Vegetative cover and clearly delineating any vegetation proposed for removal; and 8. 100 year floodplain, flood fiinges and floodways. Site Construction Plan A site construction plan including; 1. 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; 3. Locations and dimensions of all construction site erosion control measures necessary to meet the requirements of this ordinance; 4. Schedule of anticipated starting and completion date of each land disturbing activity including the hnstallation of construction site erosion control measures needed to meet the requirements of this ordinance; and 5. Provisions for maintenance of the construction site erosion control measures during construction. Plan of Final Site Conditions Aplan of final state conditions on the same scale as the existing site map showing the site changes including: 1. Finished gra~ng shown at contours at the same interval as provided above or as required to clearly indicate the relationship of proposed changes to exist~g topography and remairfing features; 2. A landscape plan, drawn to an appropriate scale, including dimensions and distances and the location, type, size and description of ali proposed landscape mater/als which will be added to the site as part of the development; 3. 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; 4. 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 wh/ch in the opinion of the applicant is necessary for the review of the project. 9,609 (5) Plan Review Procedure, Subdivision L 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, Duratiom A storm water plan approved in accordance with this Section shall become void if the corresponding bU/i~g penn/t, excavation perm/t, preliminao~ plat, or public improvernent 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 conta/ned 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 struc~es, 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 smnn 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 s/re restoration. The letter of credit or cash escrow amount shall be based on $10,000 per acre of gross lot area w/th $5,000 minimmm. Subd. 5. Amendment. A storm water management plan may be revised in the same manner as originally approved. 9.609 (6) ~roval Standards. No storm water m~agement plan which fails to meet the standards contained in this section shall be approved by the City. General Criteria for Sto~ Water Management Plans An applicant shall install or consm2ct all storm water management fac/lit/es necess~ to manage increased runoff so that the two, ten, and hundred year storm pe~ discharge rates eXisting before the proposed land alteration shall not be/ncreased and aCCelerated. Channel erosion shall City of Columbia Heig~hts Zoning and Development Ord/nance - 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 inco¢orating 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. Co 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 S~table soil conditions are available for use; o 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 requkements specified in subsection (a) above. Justification shall be pro~,Sded by the applicant for the method selected. Subd. 2. Storm Water Retention: Criteda~ Land alterations involving one (1) acre or more oft0tat impervious S~faCe (eXisting and proposed) shall require on-site storm water retention l~kcilities desired according to the most current tectmology as reflected in the MPCA PubliCation P_rotectmg Water ©_uality in Urban Areas_~and shall conta/n, at a min~mm, the following design factors: ao A perm~ent pond s,xface area equal to two pement of the impervious area draining to the pond or one percent of the entire area draining to the pond; whichever mo,mt is greater, b. An average permanent pool d~th of four to ten feet; c. A permanent pool iength~to-width ratio of 3:1 or greater; A minimum protective shetf extending ten feet into the permanent pool with a slope of 10:1 beyond which slopes should not exceed 3:1: City of Cotmmbia Heights Zon/ng and DeVelopment Ord/nance - 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 fkcilifies shall have a device to keep oily grease, and other floatable material fi.om 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 ptan; All storm water retention facilities must have a means to remove coarse-grained particles prior t° 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. SfteDe~water~n~ Water pumped fi.om 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 ske, receiving channels or wetlands. Subd. 4. Waste and Material Di~sl~osaL All waste and unused building materials (including garbage, debris, cleaning wastes, wastewater, toxic materials or hazardous materials) shall be properly disposed of off-site and not allowed to be carried by runoff into a receiving charmet or storm sewer system. Subd. 5. Traekin~ 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. A=ny sediment reaching a public or private road shall be removed by street cleaning (not flushing) before the end of each workday. Subd. 6. Dra~n In_let PrOtectiOn, All storm ~n inlets shall be protected during construction until control rneasures are inPtace with a straw bale, silt fence or City of Columbia Heights Zoning and Development ~d/nance - 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 folto~4ng 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 ~eater than 10,000 square feet in area shall also be diverted arOtmd disturbed areas, unless shown to have resultant runoff rates of leSS than 0.5 ft./sec, across the disturbed area for the one-Year storm~ Diverted nmoff 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 m~mize the area of bare soil eKr~osed 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 le~ inactive for fourteen or more days shall be stabilized bY seeding or sodding (only available prior to September i5) or by mulching or covering or other equivalent control measure. For sites with more than ten acres disturbed at one time, or if a channel originates in the disturbed area, one or more temporary or permanent sedimentation basins shall be constructed. Each sedimentation basin shall have a surface area of at least one- percent of the area draining to the basin and at least three feet of depth and constructed in accordance w/th 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. If a channel or area of concentrated rtmoffpasses through the site, silt fences shall be placed along the channel edges to reduce sediment reach/rig the channel. The use of silt fences.~ straw bales, or equ/valent control measures must include a maintenance and inspection schedule. City of Columbia Heights Zoning and DeveloPment Ordnance - Section 6 Page 6-22 Any soil or dirt storage piles containing more than ten cubic yards of material should not be located with a downslope drainage length of less than 25 feet 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 from piles which will be in existence for less than seven days shall be controlled by placing straw bales or silt fence barriers aromnd the pile. In-street utility repair or construction soil or dirt storage Piles locatedcloser 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 s~rraw, bale or other appropriate filtering barriers. Subd. 8. Wetlands. Existing wetlands may be used for storm water management purposes provided the following criteria ~e met: The wetland shall not be classified as a Group I or II water MtbJn the City Water Resource Management Plan. A protective buffer strip ofnat~al 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 m 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 Conserv'ation 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 p~nciples in descending order of priority: Avoiding the director ~direct impact of the activity that may destroy or diminiSh the wetland; Minimizing the impact by limiting the degree or magn/tude of the wetland acti¥4W and its implementation; Rectifying the impact by repairing, rehabilitating, or restoring the affected wetland environment; o Reducing or eli~nating the hnpact over time by preservation mad mahntenance operations during the life of the activity; and o 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 D-NR shall be obtained~ Subd. 9. Models/Methodologies/C 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 d professional enghaeer. All computations shall appear on the plans d for review, unless other~Sse approved by the Director of Public Works. Subd. 10. !~Vat_ershed 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 ~ater Management Fee, SUbdivision 1. ~g Required. In lieu of the storm water management facilities required in section 9.609(6) the City may allow an applicant to makea monetary contribution to ~e development and maintenance of cormmunity 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 motrot of monetary contribution shall be based on $0.25 Per square foot oftotaI impervious surface area (existing and City of Columbia Heights Zon~g and Development Ordnance - Section 6 Page 6-24 proposed) on the subject property. For prel/minary plats, an estimated/mpervSous 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. P_~ment 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. Prelim/nary Plat - upon approval of final plat or commencement of land alteration, whichever occurs first. 9.609 (8) ~ection and Maintenagee, Subdivision 1. All storm water management facilities shall be designed to minimize the need of maintenance, to provide access for maintenance p~oses, and to be structurally sound. In addition, the following maintenance standards shall apply: Alt 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 o f 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 facihties 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 CiW for maintenance of said facilities shall be assessed~ levied through a special storm water taxing district against the properties contributing storm water runoffto or through the facility, or by the City's Storm water Ufihty. Storm water management fac/tries serving a multiple family residential building or development; a con~nnercial, industrial or institutional building or development; or an individual parcel shall be maintained by the property owmer 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 storrn City of Columbia Heights ZonZmg and Development Ordinance - Section 6 Page 6-25 water management ~acilities, the cost incurred by the City for the maintenance may be assessed or levied as described in #4 above. 9.609 (9) PenaI~ Any person, firm or corporation violating any provision of this Section shall be fined not less than deemed co~itted 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) Severabili~_ty_~_. The provisions of thisordinance are severable. If any provision of this Section or the application themo£ to arty 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) ?urpose. The purpose of this section is to manage land alterations w4thin the City and provide for the review and approval of proposed grades prior to land alteration activities. 2) In Genera£ 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 Mth this Section. 3) Exemption. The removal of material for the purpose of constructing abasernent 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 pro,Asions 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 ota ~ake or wetland. b) Placement, removal or grading of more than fifty (50) cubic yards of earthen material anywhere in the City. c) Placement, removal or grading of earthen material within ten (10) feet of any property line or when such activity alters the drainage patterns of adjacent property. City of Columbia Heights Zoning and Development Ordinance - Sect/on 6 Page 6-26 5) Conditional Use Permit Required. A conditional use permit is required for any of the following activities: a) b) c) d) Placement, removal or grading o£more than 500 cubic yards of earthen material on developed property zoned R-1 or R-2. Placement, removal or grading of mOm than 1,000 cubic yards of earthen material on undeveloped propertgzoned R-1 or R-2. Placement, removal or grading o£more than 1,500 cubic yards of earthen material on property zoned R~3, R-4 orLB. Placement, removal or grading o~more than 2,000 cubic yards of earthen material on property zoned GB, CBD, I4, I-2, or MXD. 6) Submittal Requirements. An application for atand alteration permit shall include the following: a) A legal descripti°n of the land to be altered. b) The nature of the proposed alteration mad ~mre use of the property. c) The starting date and comPletion date of the land alteration. d) The names and ad&esses of all the oWmers of all the land to be altered. e) Scaled plans showing the existNg and propoSed topography with two (2) foot contour intervals, and signed by a re~Stered 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 controlPlan~ 9.611 Exterior L~ghfing. 1) 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 brighmess that is substantially greater than 'the mmbient lighting conditions so as to cause armoyance, discomfort, decreased visibility or a hazard for vehicular or pedestrian traffic. Lighting Fixtures. Lighting fixtures shall be of a downcast with fiat lens, cut-off type that conceals the light so~xrce from v~ew and prevents light from shin/ng on adjacent property. At no time should a fixture be aimed ands'or tilted above a horizontal plane in commercial or industrial districts, with the exception of architectural up-lighting or landscape lighting. (Arnended by Ord. #1460-Oct. 2OO3). 3) Lighting Intensity. Lighting shall not directly or indirectly cause illumination or glare in excess of one-half foot-candle as meast~ed at the closest residential property line and tbxee (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) 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 facades or roofs shall be located, aimed and shielded so that the light is directed only onto the fagade or roof~ Exceptions. The fbllowing uses are exempt from the provisions of this section: a) Publicly controlled or maintained street lighting, warning lights, emergency lights, or traffic s~.gnals. 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 teds Chapter. 9.612 l) 2) 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 mirfimize the incompatibility between parking and loading areas and; adjacent uses, and to regulate the size, design, ma/ntenance 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 facilkies shall be provided for the changed or intensified use in accordance with the provisions of th2s 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 fac/I/ties accesso~ 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 facil/ties 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 Ord/nance - Section 6 Page 6-28 belonging to the employees, owners, tenants or customers of nearby business or manufactmdng establishments. Location of Facilities. Required off-street parking spaces in the R-1 and R-2 zoning districts shall be located on the same lot as the principal building. Required off-street parking and loading facilities in all other zoning districts shall be located on the same lot or development ske as the use served, except as follows: Off-site parldng f-or multiple family and institutional uses shall be located no more than 200 feet from the mMn entrance of the use being served. b) Off-site parking for commercial or industrial uses shall be located no more than 400 feet from the main entrance of the use being served. c) Reasonable and improved access shall be provided from the off-site parking facility to the use being serv-ed~ d) The site used for off-site park2ng shall be under the same ownersh/p as the principal use being served or use of the off-site parking facility shall be protected by a recordable instrument acceptable to the City. Calculation of Requirements. Calculating the nUmber of parking or load2ng required shall be in accordance with the follow4ng: Gross Floor Area. The term "gross floor area" for the purpose of catcula'fmg the nUmber of off-street parldng spaces required shall be determ/ned based on the exterior floor dimensions of the building, structure or use times the nmnber of floors, minus ten pement. b) Places of Public AssernbLv_:. In places or worship, stadiums, sports arenas and other places of public assembly in which patrons or spectators occ~Kt~y benches, pews, or other similar seatLng facilities, each three (3) feet of such seating facilities shall be counted as one (1) seat for the propose of determining requirements for off-street parking facilities under this Section. c) _~12acky.2 In cases where parldng 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 estabhshment. Employees,. When parking requirements are based on employee counts, such calculations shall be based on the maximmm 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) g) h) Calculatin_g..~S ace. YVhen calculating the number of off-street parking spaces required results in fi.action, each fraction of one-half (1/2) or more shall require another space. Garage or Carp_ ob A garage or c~ort shall be considered a parking space. However, a building permit shall not be granted to convert a garage or carport to living space tmless other acceptable provisions are made to provide the required parking space. 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 Parkin__g. In cases where the 152ture potential use of a building may generate additional parking dem~d, the City may require a proof of parking plan for the Site that shows how the anticipated pm'king demand will be met. Design and Maintenance of Parking Facilities, Off-street parking facilities are subject to the following design and maintenance requirements: a) Size of Parking_SpS aces. Each Parking sr~ace shall be not less than nine (9) feet wide and twenty (20) feet in !ength, 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 desi~ated and clearly marked as compact car parking spaces with signage that is reasonably visible year round. A compact car parking space shall not be less than eight (8) feet wide and eighteen (18) feet in length, exclUSive of the adequately designed system of access drives. b) Access and Circulation. Except for parking accessory to one and two family dwellings, each required of~:Tstreet parking space shall have direct access to an aisle or driveway' no less th~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 per industry standards. Crushed rock shall not be considered an acceptable surfacing material. City of Columbia Heights Zon/ng and Development Ordinance - Section 6 Page d) e) g) h) i) J) k) 1) Drain.a..~. Driveways shall not exceed a grade of 6 percent and all parking lots except those for less than fbur (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-, tt~ree- and four-family residential uses, all off*street parking areas, all ~veways leading to such parking areas, landscape islands, and other areas upon which motor vehicles may be located shall have six (6) inch non~sturmountable 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 CiD' Engineer. ~. Lighting used to iltuxninate an off-street partdng 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 estabhshed 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 diS~ct in which such parking is located. ~. 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 materiak 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 i~nches in height that is 80% opaque on a year round basis. Stripin__n_g. All off-street parking areas containing six (6) or more parking spaces shall have the parking spaces and aisles clearly painted on the pavement according to the plan approved by the City. Maintenance. Parking areas and driveways shall be kept free of d~rt, dust and debris, and the pavement shall be maintained in good condition. In winter months, required parking areas for commercial businesses shall be cleared of snow. Landscaping, lighting, fencing or other features installed City of Columbia Heights Zoning and Development Ordinance - Section 6 Page 6-31 8) 9) in conj~ction with parking areas Shall also be maintained and kept in good condition at all times. Qff-street Parking District. Should t~e 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. The CBD, Central Business District, is established as a public off-street parking d/strict, so that nonresidential uses are exempt from providing off-street parking spaces as required herein. Residential uses, including those in m/xed-use btfildings, shall provide off-street parking as required herein. (Amended by Ord #1460-Oct. 2003). Shared Parking. THe City Council may approve the use of a required off-street parking area for more than one princtpal use on the same or an adjacent site if the following conditions are met: a) Location. The use for which application for shared parking is being made is located within 300 feet of the use providing the parking facilities. b) _N_~ghtfime Uses. Up to 50 percent of the off-street parking facilities required for a bowling alley, , school auditor/urn, 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 reqtfired 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 daytirne .uses: financial institutions, offices~ retail stores, personal sen'ice 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 Co'tmty Recorder's Office within 60 days after approval of the shared parking use. City of Columbia Heights Zorfing and Development Ordinance - SectiOn 6 Page 6-32 10) Off-street Parking Requirements. Off-street parking shall be provided as specified in the following table, except as otherwise provided in this Section. Use ReSidential Uses . Single-family Two-family Towmhome/Twinhome Multiple-family One bedroom units Two bedroom or larger units Manufactured Home Park Residential Care Facility Convent/Monastery Rooming House/Group Quarters Living Home Senior HoUsing/Assisted Livin_g TransitiOnal/Emergency HOusing__. Bed & Breakfast Home Public/Institutional Uses gomm~D, center Drop-in Facility Golf Course Government Facility Religious facilities/Places of Worship School - Elementary/J~or High School - Senior High School ~ Vocational or Bus/ness School Performing~isua~a~ial )al'ts Commercial Uses Retail Sales/Se~ices Retail Sales, Outdoor AuditoriurnlPtaces of AssemNy Automobile Convenience FaCility AutomObile Repair Minimum Spaces Required 2per ~!~ ~o must be enclosed_(garage) 2_per unit, two must be enclosed (garage) __ ~per unit, two must be enclosed (garage) _ 1 per unit, must be enclosed (garage) 2 ppumit, two must be enclosed (garage) 2 per ._unit loyee, plus 1 p_er everY_6 residents 1 per_every 3 beds 2 per every 3 residents (per ev~e~ 2 beds 1 per every 2 units !.per employee, plus 1 per e. very 6 residents 2 pl~5~ l_p..e~ every room rented Dete~nined b_y staffbased on parking study.__ 30% ofbuild/ng capacity 5 per hole, plus 30% of capacity of club house Based o~ type of use 1 per every 3.5 seats, asse_mbly area capacity of main 10 plus 1 Eer classroom 10 per every' 6 students De~errni~gd by staff bas~ parking s~ 30% of building capacity 1 per 30P~f,_ gross floor area__ >er t,07. 0sfof sales/display area _1 pe!3.5- seats, based on design capacity ps, plus 1 per 300_sf, gross floor area 1 per 300sf, gross floor area, plus 2 per service bay City of Columbia Heights Zoning and Development Ordinance - SectiOn 6 Page 6-33 Automobile Sales/Rental Banquet Hall Billiards Hall Bowling Alley Car Wash Clinic, Medical and Dental Clinic, yeterinary Club or Lodge ~ ,,Consi_gnment/T~ft Store__ Currency Exchange Day Care Center Financial Institution Food Service, Convenience Food Service, Limited Food Service, Full-Service Funeral Home Greenhouse/Garden Center Health/Fitness Club Hos_s_p~ Hotekq~{otel Laboratory, Medical Liquor Store, Off-sale Museum/Gallery Office Pavmshop Personal Services Professional Services Recreational Indoor Recreational Facility,..0utdoor 1 per 300sf, gross floor area, plus 1 per 1,000sf of outdoor sales/display 8rea 1 per 35 seats, based on design capacity_ _}?£ lng capacity 5 per lane, plus 30% of capacity for related u_se(s) _ 2 spaces per bay, plu~4 stacking spaces p_er bay 0sf, gross floor area _6~er veterinarian 30% of building capacity 1 2~_r 300sf, gross floor area __ l_.l_p_~r 300sf, gross floor area 1 per every employee, >lus 1 dr_op off space for every 5 enrollees 1 per 300sf, gross floor area, plus 6 stacking spaces for each drive-through lane 6 plus i per 40sf of dinLng/service area, plus 6 stacking spaces for each drive-through lane 30% ofb. uil~ding capacity 30% of building capacity 1 per 5 seats, plus 1 per 300sfofnon-seating area 1 per 300sf, gross floor area, plus 1 per 1,000sf of outside sales/display area Determined bz......s..[.a, ff_.based on parking stud_d_y__- D d by staff based on parking_study 1 per unit, plus 30% of capacity for meeting rooms _1 per 3_ p0sf, gross floor area 1 per 300sf, gross floor area 30% of building capacitZ 1 per 300s~.g?ss floor area 00sf, gross floor area 1 per 300sg gross floor area or 2 , whichever is greater 1 per300sf, gross floor area ~ 150sfofrink, court, pool area, etc. ~ of fa_,cility Capacit~)' City of Columbia Heights Zoning and Development Ordinance - Section 6 Page 6-34 Recreational Vehicle Sales Shop. Ping Center Studio, Professional Studio, Rad/o and Television Theater, Live Performance or Movie Industrial Uses 1 per 300sf, gross floor area, plus I per 1,000sf of outdoor sales/display area per 300sf, gross floor area per 300sf, gross floor area _pp~erm~ed by staff based on park/nj study per 3:5 seats, based on design capacity Assembly?Manufacturing/Process ing Concrete, Asphalt CruSh/ng Freight Termhaal or Rock Maintenance Facility Office/Showroom Office/Warehouse Outdoor Sales/Display Outdoor Storage Pr/nting~ublishing Salvage Operation Self-service Storage FaCility Warehouse/Distribution 2 per every 3 employees or 1 Per 1,000sf, gross floor area, wh/chever is greater 2 per every 3 employees I per 3,000sf, gross floor area of storage/warehousing, plus 1 per 300sf, gross floor area of or, ce area 1 per 3;000sf, gross floor area, 300sf, gross floor area of office 1 per 300sf, gross floor area of office/showroom, plus )1 per 3~000sf, gross floor area of storage 1 p~ 300sf, gross floor area of office, plus t_p_~ 3~000sf, gross floor area of storage ~ per li0~0Sf of sales/d/Splay area 1 per)~0_00sf of storage area 2 per every 3 employees or 1 per 1,000sf, gross floor area, whichever is greater 1 per 3~000sf, gross floor area of storage, plus ~r 300sf, gross floor of office 1 per 3,000sf, gross floor area storage/warehousing, plus 1 per 300sf, gross floor area office/sales area of of City of Columbia Heights ZonLng 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 mini. mm pavement width of 12 feet, a lenghh of 20 feet per vehicle, and shall be exclusive of any other required parking spaces or drive aisles. Use Automobile Washing Facility -Self Sercice Automobile WasNng Facility - Automatic Food Service - Fast Food Drive-Through Financial Institution Other Drive-up or Drive-through Uses Minimum Stacking Spaces 4 spaces per bay at entrance, 1 space per_bay at exit 4 spaces per bay at entrance, ! space per .bay at exit 4 spaces beNnd menu board, 4 spaces behind first window 4 spaces per teller window, ~ spaces per ATM kiosk 2 spaces per w/ndow __ __ 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 shah be located on the site and shall be separate from any required off-street park/ng, 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 bcated with appropriate means of vehicular access to and from apublic street or alley, and shall not interfere wSth automobile or pedestrian traffic either on the site or adjacent to the site. Suxfacing. 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) US~. Any space designated as a loadLng berth or access drive in accordance with the terms of ds Section shall not be used for the storage of goo&s, 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. 9.6t3 Landscaping and Screeninge 1) Purpose. Landscaping a_nd screening requirements are established to buffbr non- 99 Ail plant materials shall meet the following minimum size standards: Trees Evergreen 6feet in height Deciduous - Over-Story Deciduous - Ornamental Shrubs Evergreen' Deciduous ~Scree~ng Shrubs -Either 25 inChes diameter, measured 2 feet from base 2 incl,~es diameter, measured 2 feet fi:om base height 3feet in height La;~dscapmg Requiremems. Landscaping shall be provided in accordance with the following requirements: a) 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 thereo~'~ The trees shall be planted with/n 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 fbr every one acre of Iot area covered by buildings, parldng areas, loading areas, exterior storage areas and other impervious surfaces. d) Parking areas shall have a minknmn 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, peremaial flowering plants, or other pervious ground cover. City of COlumbia Heights Zoning and Devel6pment Ordinance - Section 6 Page 6-38 6) Screening Requirements. Screening shall be provided in accordance with the following requirements: a) All off-street parking areas containing six (6) or more parking spaces and located adjacent to a residential or residentially zoned property, the parking area shall be screened alop~g the boundary with the residential use. Where any commercial or industrial use is located adjacent to or across a public alley from a residential or a residentially zoned property, the commercial or industrial use shall be screened along the boundary with the residential use. (Amended by Ord. #t460-Oct. 2003). b) Exterior storage of materials or eqmpment, except for allowed retail sales and temporary placement of equiPment, shall be screened from all adjacent non-industrial uses and from the public right-of-way. c) Required screening shall consist of a fence, wall, earthen berming and'or vegetation no less than six (6) feet ir~ 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 from the edge of a public right-of-way. Screening# qf Parla'ng Areas from Adjacent Properties. All parking and loading areas (including drive-through facilities, pump island service areas and stack!ng spaces) abutting a public street or sidewalk shait provide: a) A landscaped frontage strip m least 5 t%et wide along the public street or sidewalk. If a parking area contains over 100 spaces, the minimum required landscaped frontage strip shall be increased to 8 feet in width. b) Screening consisting of either a masonry watt, fence, bern, or hedge or combination that forms a screen a minimum of 3 feet in height, a maximum of 4 Vi feet in height, and not less than 50 pement opaque on a year round basis. For reasons of personal safety and security, parking lot screening should allow clear visibility of pedestrians above the 3-foot high viev~Sng range. c) Trees shall be planted at regular intervals of no greater than 50 feet within the frontage strip. (Amended by Ord. #1460-Oct 2003). City of Columbia Heights Zoning and Development Ordinance - Section 6 Page 6-39 7) [;~statlation and Maintenance. The following regulations shall govern the installation and maintenance of landscaping and screening materials. a) All landscaping materials and screening materials shall be installed in conjunction with site development and pr/or to issuance of a final certificate of occupancy. b) A letter of credit or other security as acceptable to the City shall be deposited with the Zoning Adrninistrator, in an amount equal to ten percent (10%) of the estimated cost of landscaping and/or screening. The letter of credk or other security ss acceptable to the City, or portions thereof, shalLbe forfeited to maintain and/or replace materials for a period of time to include at least two (2) growing seasons. A portion of the letter of credit or other security as acceptable to the City may be released after one growing season as determined by the Zoning Administrator. c) The property owner shah be responsible for continued maintenance of landscaping and screening materials to remain in compliance with the requirements of this Section. Plato 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) 2) Purpose. The propose of this section is to promote quality development throu~out the cornmtmity that is a~actiye and visually compatible with adjacent developmenL Desig~ Review Required. Approval of building elevations is required for all new comrnercial~ industrial, institutional ~d mulfi*fmnily 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. City of Columbia Heights Zoning and Development Ordinance - Section 6 Page 6~40 3) Building 3~aterials and Design. The following material and design standards shall be adhered to: a) Building materials for ail projects shall be durable, require low maintenance and be of the same or better quality than that used on surrounding properties; and shall consist of any of the following materiaIs: Brick; natural stone; stone treated concrete panels; glass curtain wall panels; wood, provided surfaces are finished for exterior use and only woods of proven exterior durability are used such as cedar, redwood, and cypress; factory fabricated and finished metal frame paneling; or other materials of high architectural quality as approved by staff. b) Building elevations and facades should include a variety of architectural features and building materials to pro¥4de 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 ¥4sibility. 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 faCade that faces a public street, sidewalk or parking lot shall be windows or doors for residential uses. At least twenty (20) percent of the first floor faCade 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. (Amended by Ord #1460-Oct. 2003). c) All additions, exterior alterations or accessory buildings consm2cted 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) Alt 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 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. City of Columbia Heights Zoning and Development Ordinance - Section 6 Page 6-41 4) 9.615 9.616 l) 2) 3) Application of Master Plan District Provisions. Properties located with/n the district boundaries of master plan area shall also be subject to the distr~ct provisions of the master plan. Design Guidelines. The City Council may adopt by resolution design guidelines that shall apply to designated areas or dis ~tdcts of the City with greater specificity than the standards in this section. Where there is a conflict between the design guidelines and the standards in this section, the guidelines shall apply. (Amended by Ord #1460-Oct 2003). Telecommunication Towers/Antennae. (Refer to separate Columbia Heights Tower Siting Ordinance # 1424) Sign Regulations. Purpose. The purpose of this Section is to aliow effbcfive signage appropriate to the character of each zoning district, to promote an attractive environment by mirfimizing visual clutter and confusion, to minimize adverse impacts on nearby property and protect the public health, safety and general welfare. Applicatiom The sign regulations set fo~h in this Section shall apply to all structures and ali 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 unlawfi~l for any person to erect, buitd~ 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. App_i/cafion for Si~ Permit. An application for a sign permit shall be filed with the Zoning AdmirSstrator 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 ex/sting signage on the premises. il A drawing indicating the size, color, content and matefiats 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 DeVel6pment Ordinance - Section 6 Page 6~42 iii Engineering data showing the structure is designed to accommodate dead load and wind pressure, in any direction, in the mount required w/thin this Section, when specifically requested by the Zoning Administrator. A_.p_plication 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 exam/ne all accompanying drawing and supplemental data to determine compliance '~dth the requirements of this Section. Upon approval, the sign permit shall rema/n valid for a period of one (1) year. If no work has commenced with/n such time period, a new- permit shall be reqmred 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 comphance 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 ~ this exception. ii) Painth~g, 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. Construction Re ~ All signs shall be constructed and maintained in such a manner so as to present a professional appearance and maintained ha accordance w/th the applicable provisions of the Uniform Build/ng and Electrical Codes. The site on which the sign is con~smtcted shall utilize existing fin/shed grade, and shall not be raksed, bermed, or otherwise elevated above surrounding grade to achieve a greater height than allowed by this ordinance. b) Maintenance. All signs, including temporary signs, together with all of their supports, braces, guys, and anchors, shall be kept in good repair and in proper state of preservation. The display surfaces of all signs shall be kept neatly painted or posted. Every City of Columbia Heights Zoning and Development Ordinance - Section 6 Page 6-42 sign and the immediate surrounding premises shall be maintained by the owner or person in charge thereof in a safe, clean, sanitary, and inoffensive condition, and free and clear of all obnoxious substances, rubbish and weeds. c) ~spection. All signs for which a permit is required shall be subject to inspection by the Zonh~g Administrator. The Zoning Administrator, or any other official of the municipality who may be appointed by him is her~oy authorized to enter upon any property or premises to ascertain whether the provisions of this Section are being obeyed. 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. d) Direction signs not more than mo (2) in number identifying the location and nature of a bu/ld/ng, structure, or use which is not readily visible from the street, serving such building, structure, or use on lands forming part Of~e site of such buildings, structure, or uses, provided that each such sign is not more than ten (10) square feet in total area. Signs not exceeding nJne (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 m dhves or events of cha.dtable, educational or religious °rgap2zations, provided that such signs shall not be erected or p°S~ed for a pehod of more than fi~urteen (14) days p~or to the date °fthe 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 wh/ch such signs are situated, provided the City of Columbia Heights Zor~ing and Development Ordinance - Section 6 Page 6-43 combined area of such signs fronting upon each street wh/ch bounds such lot or prem/ses shall not exceed a ratio of one (1) square foot of sign area for each one thousand (1,000) square feet. No such temporary on-site sign shall exceed eight (8) square feet nor remain past the date of termination of such offering. J) One on-site temporary sign advertising a group of lots for sale within a subdivision or a group of houses for sale w4thin a housing project along each street frontage wh/ch 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 dhrtension in excess of sixteen (16) fbet 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. Temporary on-site s~.gns indicating the name and nature of a construction or demolition project, plus the names of the contractors subcontractors, and professional advisors, provided the combined area of such signs fronting upon each street which abounds such project shall not exceed a ratio of two (2) square feet of sign area for each one thousand (1,000) square feet of lot area. In no case shall the combined area of such signs fronting upon each street exceed the greater of sixty-four (64) square feet with no single dimension in excess of sixteen (16) or eight (8) square feet per house or lot on which such construction or demolkion 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. Time and temperature signs not to exceed twenty (20) square feet per sign and one sign per side of building. One temporary on-site banner or permant advertising the sale, lease or rental of the lot(s)or premises on wh/ch such a banner or permant 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 (t~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. 1'4o 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 offbring or be displayed for a period of City of Columbia Heights Zonkng 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 bamqer or pennant until at least 240 days have elapsed. Prohibited Signs. Signs that are not specifically permitted in this Section are hereby prohibited in all Districts unless criteria is presented to allow the Planning Commission to deem that the sign design preserves and maintains the community's unique historical and cultural elements. Without restricting or limiting the generality of the provisions of the foregoing, the following signs are specifically prohibited: a) A balcony sign and a sign mounted or supported on a balcony. b) Any sign that obstructs any part of a doorway or fire escape~ c) gany 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. e) g) i) A private sign containing *,¥ords or symbols, which might reasonably be construed as traffic controls. An animated or rotating si~ except barber poles and signs displaying time and e 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 sis or graphics paint~ directly on any exterior surface of a building or structure. However, sign letters and symbols may be attached directly to an exterior sm'face by adhesive or mechanical means. Any roof sign, unless a~tached 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) 1) m) n) o) Any sign that does not display the name of the manufacturer or maker permanently attac:hed to, or painted or printed on, the exterior or structural suppo~s of the sign. Any sign that is erected, placed or maintained by any person on a rock, fence, or trees. Any sign that interferes wSth any electric li*~:ht, or power, telephone, telecomm~cations, or telegraph w/res, or the supports thereof. Any sign conta/ming electrical raring 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 ~,enty-five (25) percent of the total area of the window on or in which it is displayed. Portable signage exceeding eight (8) square feet. Temporary Signs. The following standards shall apply to tempor~ signs in all zoning districts. a) Any sign not considered permanent shall be considered temporary. b) Banners or pennants shai1 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 forty (40) inches from the wall upon which it is erected, shall not be placed or project over atny wall mud 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. No temporary sign shall be erected so as to prevent free ingress to or egress from any door~ w4ndow or fire escape, nor shall such sign be attached to any standpipe or fire escape. e) Unauthorized use of temporary signage shall be subject to the other sanctions as provided herein. Signs in Residential Districts R-] and R-2. City of Columbia Heights Zoning and Development Ordinance - Section 6 Page 6-46 a) b) Permitted Si~s.. In the R-l, Single Family Residential District, and the R-2, Two Family Residential District, the following signs shall be permitted: One (1) identification sign per dwelting unit not to exceed two (2) square tbot per surface, and limited to one (1) surface attached directly to the structure. (ii) One (1) wall or ground sign for each conditional use other than the residential use, not to exceed sixteen (16) square feet per surface, and limited to two (2) surfaces. (iii) One (1) institutional sign not to exceed forty (40) square feet per surfacei limited to two (2) surfaces, and set back a minimum often (i0) 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. Restriction_ss. Permi~ed signs in the R-i, Single Family Residential, and R-2, TwO Family Residential Districts are subject to the ~%llowing restrictionS: (i) The maximum height of a sign, including its structures, shall not exceed e~ght (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 sins shall be shielded in such a way as to protect the rights of adjacent property owmers from nuisance. (iv) The siN number and area permitted by this Section are considered maximums. ~ese 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 prope~ owmed by such Persons, or to any other owner(s), occupant(s) or user(s) of property in the same or other Districts. Signs in Residential Districts R-3 and R,4. City of Columbia Heights Zoning and Development Ordinance - Section 6 Page 6-47 10) Permitted SIRS. In the R-3, Limited Multiple Family Residential District, and the R-4, Multiple Family Residential Distzict, 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 directty to the structure for each single and two-family residence. (ii) One (1) area identification sign per tot 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 rna), be installed provided there is a minimum distance of seventy-five (75) feet between the two sign stmcmres~ b) Resthctions. 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, wh/chever is greater. (ii) No an/mated signs shall be permitted. (iii) All illuminated si~s shall be shielded in such a way as to protect the fights of adjacent property owners from nuisance. (iv) The sign number arid 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 non4ransferable to any other property owned, occupied or used by such persons, or to any other persons, or to any other owners(s), occupant(s) or user(s) of property m the same or other Districts. Stgns in LB, Limited Business District. City of Columbia Heights ZonLng and Development Ordinance - Section 6 Page 6-48 a) Permitted Sim~s. 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 fbr all sign surfaces and limited to one surface per sign. Provided, however, that if a parcel of land on which a building is located directly abuts residentially zoned land, no wall sign may be located on the side of the building that faces the abutting residential parcel. (ii) One (1) freestanding pylon sign only if the building or structure is located adjaCent to a State Tnmk 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 m exceed forty (40) square feet in size, limited to two sides, notto exceed eight (8) feet in height, and set a minirm~m of five (5) feet from any property line. (iv) Any pylon or mommaent sign must be a minimum of five (5) feet from any building or structure on the same lot. (v) One (1) wall sign on each side of the building which faces a public alley, not to exceed four (4) square feet per surface and limited to one (I) 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 fbet 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 fbet or one-half (1/2) of a square foot for each front foot of* a building or structure pro,~dded that the said sign is located on the same side of the building as an entrance approved by' the City Building Official as a public entrance and provided that the said public entrance City of Columbia Heights Zoning and Development Ord/nance - Section 6 Page 6-49 and sign faces a parking facility designated by the City as approved public parking. b) Restrictions. Permitted signs in the LB, Limited Business District, are subject to the following restrictions: (i) Total sign area shal! not exceed two (2) square feet fbr 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 tena:~t, user or owner. (ii) The maximum height of a pylon sign including its structure shall not exceed ~enty (20) feet above grade at street level or at the base of ~e sig~, whichever is greater. The maximum height ora monument sign including its structure shall not exceed eight (8)feet above grade at street level or at the base of the siN, 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. (A) Permitted Si~. 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. Progided, however, that if a parcel of land on which a building is located directly abuts residentially zoned land, no wall sign ri'ray be located on the side of the building that faces abutting residential parcel. (ii) One freestanding pylon sign only if the building or structure is located adjacent to a State Trunk Highway and located twenty (20) feet or more from the front lot line, not to exceed seventy-five (75) square feet per surface, and limited to two (2) surfaces. Provided, however, that (a) if City of Columbia Heights Zoning and Development Ordinance - Section 6 Page 6-50 (iii) (iv) (v) (vi) (viii) the building comains more than 80,000 square feet of gross floor area or the site on which the building is located contains more than 90,000 square feet of surface area, (b) if the street frontage of the site on which the building or structure is located exceeds one hundred fifty (150) feet in length, and (c) if the building is located twenty (20) feet or more from the front lot line and is located adjacent to a State Trunk Highway, a second freestanding sign not to exceed seventy-five (75) square feet and limited to two (2) sm'faces shall be permitted at a location at least fifty (50) feet d/stant from any other freestanding sign and at least twenty-five (25) feet distant from the lot line of any adjoining parcel of land other than a street or alley. If not located adjacent to a State Trunk Highway and/or where the twenty (20) foot setback cannot be met, one monument sign not to exceed forty (40) square feet in size, limited to two sides, not to exceed eight (8) feet in height, and set a minimum of five (5) feet from any property line. Any pylon or monument sign must be a minimum of five (5) feet from any building or structure on the same lot. One wall sign on each side of the building that faces a public alley, not to exceed four (4) square f~et per surface and limited to one surface per sign. One area identification sign for each shopping center not to exceed one hundred (100) square feet per surface, and limited to four surfaces; one wall sign for each primary use business, not to exceed one hundred (100) square feet per surface and lffnited to one surface. One identification sign for each user other than primary use, not to exceed two (2) square feet per surface, and limited to one surface. One wall sign per building with an area of the lesser of twenty (20) square feet or one-half (V2) of a square foot for each front foot of a building or structttre provided that the said sign is located on the smme 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 park&ag facility designated by the City as approved public parking. CiD' of Columbia Heights Zoning and Development Ord/nance - Section 6 Page 6-51 b) Restrictions. Permitted signs in the CBD, Central Business District, are subject to the 4ollowing restrictions: (i) Total sign area shall nor 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 owmer shall include only the surface area on the exterior fa¢ade of the premises occupied by such tenant, user or owmer. (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 max/mum 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 maximmns. 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 o~vner(s), occupant(s) or user(s) of property in the same or other Districts. t2) Signs in the GB, General Business District. a) Permitted ~. In the GB, General Business District, the following signs shall be permitted: Any number of wa~l signs on any side of a building not to exceed two hmndred (200) square feet of total surface area for all wall sign surfaces and limited to one surface per sign. Provided, however, that if a parcel of land on which a build/rig 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 ~'enty (20) feet or more from the fr6nt lot line, not to exceed seventy:five (75) square feet per surface and limited to two (2) surfaces. Provided, however, that (a) if the building contains more than 80~000 square feet of gross floor area or the site on which the building is located contains more than 90,000 square feet of surface area, (b) if City of Columbia Heights Zoning and Development Ordinance - Section 6 Page 6~52 (iii) (iv) (v) (vi) (vi) 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 Tnmk 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 fifb.~ (50) feet distant from any other freestanding t~'enty-five (25)feet distant from the adjoining parcel of and other than a street sign and at least lot line of any or alley. If not located adjacent to a State Tnmxk Highway and/or where the twenD~ (20)fbot building setback cannot be met, one monument siN not to exceed fbrty (40) square feet in size, limited to two sides, not to exceed eight (8) feet in height, and set a minirnuxn of five (5) feet from any property lineo 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 surfhce per sign. One area identification sign for each shopping center, not to exceed one hm~dred (~00) square feet per surface, limited to four surfaces~ in addition to one walt sign for each primary use business~ not to exceed one hundred (100) square feet per sm~hce, limited to one surface. One identification si~ for each use other than primary- use~ not to exceed two square feet per surface, and limited to one surface. (vii) One wall sign per building with an area of the lesser of twenty (20) square feet or one-half (½) square feet for each front foot o£ a building or structure provided that the said sign is located on the sine side of the building as an entrance approVedby the City Building Official as a public entrance and provided ~at the said public entrance and sign faces a parking fac/lit-y designated by the City as approved public parking. b) Restrictions. ?ermined signs fn the GB, General Business District, are subject to the following restrictions: City of Columbia Heights Zoning and Development Ordinance - Section 6 Page 6-53 (i) Total signage shall not exceed two square feet for each front foot of building or structure. In the case of multiple occupancy, the wall surface for each tenant, user or owner shall include only the surface area on the exterior 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 maximmn 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 owmer(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 I-2 Industrial Districts. Permitted Si~. In the I,t, 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 not to exceed one hundred (100) square feet of total surface area for all wall sign surfaces and limited to one surface per sing. Provided, h°We~er, that if a parcel of land on which a building is located directly abuts residentially zoned land, no wall sign may be located on the side of building that faces abutting residential Parcels. (ii) One freestanding pylon sign only if the building or s~acmre is located twemy (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) foot setback c~ot be met, one monument sign not to exceed fifty (50) Square feet in size, limited to two sides, City of Columbia Heights Zoning and Development Ordinance - Section 6 Page 6~54 b) not to exceed ten (i0) 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 stmcttLre 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 limffs of forty-five miles per hour (45 mph) or more, placed at a minimum of fii~e~ hundred (1500) foot intervals, not to exceed one hundred (100) square feet per surface and limited to two surfaces. R__e_~ctions. Permitted Signs in the l-l, Light Industrial District, and the I-2, General ~duS~at 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, ha the case of multiple occupancy, the wall surface for each tenant, user or owmer shall include only t~Se surface area on the exterior facade of the premises occupied by such tenant, user or owner. (ii) The maximum height of a sign including its structures shall not exceed twenty*five (25) feet above the grade at street level or at the base of the sign, whichever is greater. The maximum height of a monument sign, including its structures, shall not exceed ten (10) feet above grade at street level or at the base of the sign, whichever is greater. (iii) The sign number and area permitted by this Section are considered maximums. These maximums, or any portion thereoi; which are not utilized by the owner(s), occupant(s) or user(s) of property are non-transferable to any other proper~y owned, occupied or used by such person(s) or to any- other owner(s), occupant(s) or user(s) of property located in the same or other Districts. Signs for Non-Conforming Residential Uses. Sign number and area for residential uses in Commercial, Business or J_ndustdal Zones are limited to the max/mum number and area for the actual use of the subject property. City of Columbia Heights Zoning and Development Ordinance - Section 6 Page 6-55 Minimum ~ard 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) fbot of the property line. Provided, however, no freestan~ng sign shall invade the area required for traffic visibility by this Section. City of Columbia Heights Zon/ng and Development Ordinance - Section 6 Page 6-56 CHAPTER g: LAND USE AND DEVELOPMENT SECTION 7: SPECIFIC DEVELOPMENT STANDARDS 9.7(}1 General Provisions 1) Purpose. The propose of this Section is to establish specific development standards that provide supplemental regulations to address the unique characteristics of certain land use. 2) Apglicability. The regulations set forth in this Section shall apply to the specific use listed, whether it is identified as pertained, conditional or accessory within the applicable zoning district. These regulations shall be in addition to alt other applicable regulations. Specific Development Standards. The following uses are subject to specific development standards. AduJt Entertainment Uxe a) Activities classified as obscene as defined by Minnesota Statute, Section 6t 7.241 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 mn), of the £bllowing protected uses: residentially zoned property or residential use; licensed day care t~acility; public or private educational facility classified as an elementary, middle or junior high or senior high school; public library; public park; or rehgious institution Or place of worship. e) An adult entertainment u, se lawfully operating as a conforming use is not rendered non-conforming by the subsequent location of any use listed above within 500 feet. If the adult entertainment use is abandoned for a period of 90 day's or more, it shall be deemed discontinued and subsequent use of the premises for adult entertairm-~ent 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 Zorfing and Development Ord/nance - Section 7 Page 7-1 h) Sign messages shall be generic in nature and shall only identify the type of business which is being conducted; signs shall not contain material classified as advertising. Animal Kennel or Shelter All activity shall be w/thin 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 ma_jor collector or h/gher functional classification of roadway. b) c) d) e) g) h) i) J) All buildings, canopies and pump islands shall meet the setback requirements for a principal sm~ctore in the zoning d/strict in which the use is located. The storage of inoperable vehicles on the site is prohibited. The sale or repair of vehicles shall be prohibited. A landscape buffer with a minimum depth of ten (10) feet shall be installed and maintained along alt abu~ng public rights-of-way. Canopy light fixtures shall be completely recessed w/thin the canopy so that the lenses do not extend below the bottom surface of the canopy. Wherever fuel pumps axe installed, pump islands shall be installed. 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. An environmental management plan, including a storm water management and drainage plan, shall be submi~ed to address the impact of the facility on the environment. The use shall employ best management practices regarding the venting of odors, gas and frames. 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. 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. t) 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 fbtmd thereon. m) A minimum of two (2) access points for vehicular traffic shall be provided. Curb cuts Shall be located no less than 50 feet from the intersecting right-of-way line on collector roadways and no less than 80 t~et from the intersecting right-of-way line on arterial roadways. Automobile Repair, Major a) Ail vehicles waiting for repair or pick-up shall be stored within an enclosed building or in designated off-street parking spaces. b) Ali 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 sate of vehicles shall be prohibked, mnless 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 mhz/mum 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. An environmental management plan, including a storm water rnanagement and drahnage plan, shall be submitted to address the impact of the facility on the environment. Any fuel sales or automobile converfimce activities shall be subject to the applicable standards for automobile convenience facilities. Automobile Repair, Minor a) Ail 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 Zomg and Development Ordinance - Section 7 Page c) Alt 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 versts shall be located a min/mum often (10) f~et above grade and shall be directed away from residential uses. All storage tanks shall be equipped with vapor-tight fittings to eliminate the escape of gas vapors. An environmental management pl~ 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 converfience activities shall be subject to the apphcable standards for automobile converfience facilities. Automobile Sales/Rental The use shall be served by a major collector or higher classification of roadway. b) Outdoor vehicle display areas shall meet the setback requirements fbr a pdncipat sm~cture in the zoning dis~ct in which the use is located. c) Omdoor vehicle display areas within the public right-of-way are prohibited. d) A landscape buffer with a minimum depth of 10 feet shall be installed and maintained along all abutting public fights-of-way. e) Outdoor vehicle display shall be ~vithin a designated area that is hard- sur1'~ced. Outdoor vehicle display shall be~ an orderly fa~shion, with access aisles provided as needed. g) Music or amplified sounds shatl not be audible from adjacent residential properties. h) Outdoor vehicle display shall not reduce the amount of off-street parking provided on site below the level required for the principal use. City of Columbia Heights Zon~g and Development Ordinance - Section 7 Page 7-4 i) J) Bed& a) b) c) 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 pm'pose of retail sale and dispensing of fuel to the general public shall be prohibited~ ff the use includes dispensing of fuel lbr 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 mi~Smum of ten (10) feet above grade and shall be directed away' from residential uses. Alt storage tanks shall be equipped v,4th vapor-tight fittings to eliminate the escape of gas vapors. Breakfast Home The bed and breakfast home shall be p~ of an owmer 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 faciliW. 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)inthe LB zoning d/strict. All guest rooms shall be located within the principal structure. Separate kitchen fhcilities 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, Par}ring shall be accormmodated on the property. Parking requirements for guests are in addition to those reqnired 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 neig_hborhood. The facility shall meet ail 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 a) Water from the car wash shall not drain across any sidewalk or into any public right-of-way. b) Vacuum facilities shall be located in an enclosed structure or located at least 50 feet from any residential property line to avoid noise impacts. c) The premises, all adjacent streets~ sidewag:s and alleys, and all sidewalks and alleys within 100 feet of the 'use shall be inspected regularly for the purposes of removing litter found thereon. Clinic, Veterinary a) Ail activity shall be with/n 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 minimmm of 1000 feet from any residentially zoned property or any residential use. b) An a/r quality plan shall be submitted describing stationary and mobile source air emissions, their qu~tities and compositions, and indicating conformance with all apphcable regulations. c) A dust management plan shall be submitted describing dust emissions sources, their quant/ties and compositions, how dust will be collected, managed and disposed of and iud/caring conformance with all applicable regulations. d) A sound attenuation plan shall be submitted describing sources of sound and indicating conformance ,Mth all applicable regulations. e) A vibration-dmmpening plan shall be submitted describing sources of vibration and indicating conformance 'w~th all applicable regulations. A transportation management pl~ shall be submitted to address off-street partdng, bus loading and unloading~ traffic control, and the impact of the facil/vy on surrounding roadways. g) An enviromnental management Pl~, including a storm water management and drainage plan, shall be submitted to address the impact of the facility on the environment. CiD' of Columbia Heights Zoning and Development Ordnance - Section 7 Page Community Center a) The use shall be served by a minor collector or higher fmactional classification of roadway. b) The parcel upon which the use is boated shall have a lot area no less than four (4) times the area of the b~lding 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 ha the immediate neighborhood. An appropriate transition area bem, een the use and adjacent property shall be provided by landscaping, screen~g and other site improvements consistent with the character of the cormmunity. e) All accessory residential, school or day care uses shall be subject to the pro,,dsions of th/s Chapter. Consignment/Secondhand Store Consignment/secondhand stores shall be identified as stores whose primary existence is derived from more than 50% used, consigned, or secondhand merchandise. The use shaI1 be located at least 3000 feet from all existing consignment/secondhand stores, cm-rency exchanges and pawnshops. b) The window and door area of any' existhag frrst floor facade along a public street or sidewalk shall not be reduced, nor shall changes be made to such windows and doors that block views into and out of the building at eye level. For new construction, at least th~rPy (30) percent of the first floor faCade along a public street or sidewalk shall be windows or doors of clear or lightly tinted glass that allows views into and out of the building at eye level. The use of bars, chains or similar sec~ty devices that are visible from a pubhc street or sidewalk shall be prol~bited. e) Consignors shall not be paid for merchandise mntil the merchandise has been sold to a third party. City of Columbia Heights ZonLng and Development Ord/nance - Section 7 Page %7 An appointment or set hours shall be required for the acceptance of consig-mment 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 fagade along a public street or sidewalk shall not be reduced, nor shall changes be made to such windows and doors that block views into and out of the building at eye level. c) For new construction, at least thirty (30) percent of the first floor faCade along a public street or sidewa~ shall be windows or doors of clear of lightly tinted glass that allows views into and out of the building at eye level. d) The use of bars, chains or similar security devices that are visible from a public street or sidewalk shall be prohibited. e) The Premises, alt adjacent streets, sidewalks arid alleys, and all sidewalks and alley's 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 f~nce constructed of masonry, painted or treated wood or metal, at least five (5) fbet in height. c) For child day care facilities, at least 75 square feet of outside play area shall be provided for each child ~tmder care. City of Columbia Heights Zoning and Development Ordinance - Section 7 Page 7-8 d) For adult day care facilities, at least 150 square feet of outdoor area for seating or exercise shall be provided for each adult under care. e) The use shall provide a designated area for the short-term parking of vehicles engaged in loading and ~loading 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. To the extent practical, new construction or additions to existing builcl/ngs shall be complementary and compatible with the scale and character of the surround/ngs and exterior materials shall be compatible with those used in the immediate nei~hborhood. g) An appropriate transition area between ~e use and adjacent property shall be provided by landscaping, screening or other site improvements consistent with the character of the nei~borhood. h) The facility shall meet all appliCable housing, building and fire codes and be licensed as required by the State of M~esota. 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 m existing commercial or industrial facility and used only by employees of the operation conducted on the site shall be considered a permitted accessory use, provided the standards contained herein are met. Day Care, Home a) The building and any exterior fenced areas shall meet the setback requirements for a principal sm~cture in the zoning district in which the use is located. b) The desi~ated 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 s~cmre shall not be altered from its single-family residential character. d) For child day care facilities, at least 50 square feet of outside play area shall be provided for each child 'Under care. City of Columbia Heights Zon/ng and Development Ordinance - Section 7 Page 7-9 e) g) For adult day care facilities, at least 150 square feet of outdoor area for seating or exercise shall be provided fBr each adult under care. An appropriate transition area between the use and adjacent property shall be provided by landscaping, screev2ng or other site improvements consistent with the character of the neighborhood. The facility shall meet all applicable housing, building and fire codes and be 1/censed as required by the State of Minnesota. Drive-up FaciJity a) b) c) The drive-up function shall be accessory to a conforming use. The use shall be served by a major collector or higher classification of roadway. functional The site shall accomxnodate vehicle stacking in accordance wkh the provisions ofth~s Chapter. Any speaker system shall not be audible from any residentially zoned property or any residential use. Drop-in Facility The use shall be located at least 3000 feet from alt existing drop-in facilities, consignment/secondhand stores, currency exchanges and pavmshops. 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 apphcable. c) A waiting area for clients shall be provided which shall be ava/lable 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. The premises, all adjacent streets~ sidewalks and alleys, and all sidewalks and alleys within 100 feet of the use shall be inspected regularly for the purposes of removing litter found thereon. Employment Agencies - Temporary (Day Labor) City of Columbia Heights Zonkng and Development Ordinance - Section 7 Page 7-10 a) b) c) a) The use shall be located at least 3000 feet from all existing temporary employment agencies, consigrnment/secondhand stores, currency exchanges and pawnshops. Firearms Dealer/Shooting Range The use shall be located at least 300 feet bom 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 privaIe educational facility classified as an elementary, middle or junior high or seni°r high school; public library; public park; or religious institution or place ofworship. No firearms or ammunition shall be displayed Ln 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 functional classification of roadway. b) A landscape buffer with a minimmm depth of 10 feet shall be installed and ma/ntained along all abutting public fig~hts-of-way. c) A transportation management Plan shall be submitted to address off-st~eet parking, bus loading and unloading, ~affic control, and the impact of the facility on surrounding roadways~ d) The premises, ail adjacent streets, s~dewalks and alleys, and all sidewalks and alleys within I00 feet of the use shall be inspected regularly fi:)r the proposes of removing any litter found thereon. e) Curb cuts shall be located no less than 50 feet from the ~ntersecting right- of-way line on collector roadways and no less than 80 feet from the intersecting right-of-way line on ~efial roadways. f) A 4five-up facility shall also be subject to the standards for a drive-up facility. Food Service, Limited (Coffee Shop/Deii/igakery/Etc) a) Music or amplified sounds shalt not be audible from adjacent residential uses. City of Columbia Heights Zoning and Development Ordinance - Section 7 Page 7-11 b) The premises, all adjacent streets, sidewalks and alleys, and all sidewalks and alleys within 100 feet of the use shall be inspected regularly for the purposes of removing litter found thereon. Food Service, Full-Service (Restaurant/?Vt~ghtclub) Where alcoholic beverages are serced, not less than sixty (60) percent of the total gross sales revenue shall be from the sale of food and non- alcoholic beverages. b) Music or amplified sounds shall not be audible from adjacent residential uses. c) The premises, all adjacent streets, sidewalks and alleys, and all sidewalks and alleys within 100 feet of the use shall be inspected regularly for the purposes of removing litter found thereon. Freight Terminal Loading and unloading acfi~4ties shall be located no less than 200 feet from any residential zoning district or residential use. b) Overnight facilities for drivers shall pro,de on-site management 24 hm~s a day. The name and telephone ~:umber of the on-site manager shall be filed with the CID'. Funeral Home The Use shall be served by a minor collector or higher functional cla~ssification of roadway. b) An appropriate transition area between the use and adjacent property shall be provided by landscaping, screen~g or other site improvements consistent with the character of the neighborhood. Hospital The use shall be served by a minor collector or higher functional clxssification of roadway. b) Emergency veb2cle access shall not be adjacent to or located across the street from any residential use. c) An appropriate transition area between the use and adjacent property shall be provided by landscaping~ screening or other site improvements consistent with the character of the neighborhood. City of ColUmbia Heights Zoning and Development Ordinance - Section 7 Page 7-12 Multi-family in C]~D a) b) c) The residential use is secondary to and located above the ground floor commercial use. The maximum number of units allowed shall be limited to the area of the parcel d/vided by 2000, times the number of floors above the ground floor conm~ercial use. A minimum of one parking space shall be provided per residential urfit with/n 400 feet of the most commonly used entrance. Nursing Home a) The use shall be served by a minor collector or higher fimctional 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, Scree~ng or other site improvements consistent with the character of the neighborhood. Outdoor Sales/Display a) The outdoor sales/display use shall, be accessow to a comxnercial use. b) All outdoor sales/d/Splay areas Shall meet the setback requirements for a principal structure in the zoning district in which it is located. c) Outdoor sales/display areas vdthin the public right-of-way are pro?~bited. d) A landscape buffer with a minimum depth of 10 feet shall be installed and maintained along all abutting public fights-of-way. e) Ali goods shall be displayed in a designated area that is hard-surfaced. f) All goods shall be displayed in an orderly fasb/on, with access aisles provided as needed. g) Music or amplified sounds shall not be audible from adjacent residential properties. h) The outdoor sales/display area shall not reduce the amount of off-street parkdng provided on site below the level required fbr the principal use. City of Columbia Heights Zoning and Development ~dinance - Section 7 Page %13 i) An appropriate transition area bet:ween the use and adjacent property shall be provided by landscaping, screening or other site improvements consistent with the character of the neighborhood. Outdoor Storage a) The outdoor storage area shall be accessory to a commercial or industrial use. b) Outdoor storage within the public fight-of-way is prohibited. c) Ail outdoor storage areas shall meet the setback requirements for a principal structure in tJae zoning diS~ct in which the use is locate& 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 £ence~ wall, earth berming anrVor vegetation no less than six (6) feet in height and no less than 80% opaque on a year around basis. All goods, materials and equipment Shall be stored on an impepeious surface. g) All goods, materials and equipment shali be stored in an orderly fashion, with access aisles of sufficient ~dth 'to accommodate emergency vehicles as needed. h) The height of materials stored~ excluding operable vehicles and equipment, shall not exceed the height 0fthe screening provided. Parking Ramp a) Parking ramp structures shall meet the setback requirements for a principal structure in the zoning district in which the use is located. b) Exterior faCade materials shall be compatible with surrounding buildings. Pawnshop a) The use shall be located at le~t 3000 feet from all existing pawnshops, currency exchanges and consi~env'Secondhand stores. City of Columbia Heights Zoning and Development Ordinance - Section 7 Page 7-14 b) c) The window and door area of any existing first floor fagade along a public street or sidewalk shall not be reduced, nor shall changes be made to such windows and doors that block views into and out of the building at eye level. For new construction, at least thL~ty (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 simila 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 witkin 100 feet of the use shall be inspected regularly for the purposes of removing litter fbund ~ereon. 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 dis~ct in which the use is located. c) Outdoor vehicle display areas wilhin 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 fights-of-way. e) Outdoor vehicle display shall be within a designated area that is hard- surfaced. Outdoor vehicle display ~hall be in an orderly fashion, with access aisles provided as needed. g) 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. City of Columbia Heights Zoning and Development Ordinance - Section 7 Page 7-15 i) An appropriate transition area between the use and adjacent property shall be provided by landscaping, screening or other site improvements consistent with the character of the neighborhood. J) Fuel pumps for the purpose of retail sale and dispensing of fuel to the general public shall be prohibited. If the use includes dispensing of fuel for the automobiles maintained on site, the use shall employ best management practices regarding the venting of odors, gas and fumes. Such vents shall be located a 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 ehminate the escape of gas vapors. Recreational Facilit); Indoor The use shall be served by a minor collector or higher classification of roadway. b) The parcel upon which the use is tocated 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 complmnent~ and corr~patible with the scale and character of the surroundings and exter/or materials shall be compatible with those used in the immediate neighborhood. d) )un appropriate transition area bet~veen the use and adjacent property shall be provided by landscaping, screening or other site knprovements consistent with the character of the neighborhood. Recreational Facility, Outdoor a) 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 ske 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 tighting and noise on surrounding properties. e) An appropriate transition area between the use and adjacent property shall be provided by landscaping, or other site improvements consistent with the character of the neighborhood. City of Columbia Heights Zoning and Development Ordinance - Section 7 Page 7-16 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 [¥orship a) The facility shall be served by a minor collector or higher functional classification of roadway. b) The parcel u_pon 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 complement~ and compatible with the scale and character of the surroundings and exterior materials shall be compatible with those used in the/rnmediate neighborhood. d) An appropriate transition area bem'een 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 tiffs Chapter. Residential Care Facility a) The use shall be located at least one-fo~ (1/4) ~te (1,320 feet) from all existing residential care facilities or correctional residential care facilities, regardless of the hcensing status of such facilities. b) The use shall not be located in a ~o*family or multiple family dwelling unless it occupies the entire structure. c) The facility shall be located on aparcel meeting the mirfimum lot size for a single family dwelling plus an area of 300 square feet for each resident over six (6). The maximmm number of residents may be specified as a condition of the conditional use perm2 in order to meet this requirement. d) On-site services shall be for residents of the facihty only. e) The building and mn7?' exterior fenced areas shall meet the setback requirements of the zoning d/strict in wiffch the use in located. f) To the extent practical, all new construction or additions to existing buildings shall be compatible wi~ the scale and character of the Cil-y of Columb/a Heights Zoning and Development Ordinance - Section 7 Page %17 s~_trroundings, 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. h) The primary purpose of the fhcility 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 accorrgnodations to treat persons whose tenancy would constitute a direct h~eat to the health and safety of other individuals. J) The facility shall not accept court ordered referrals for treatment in lieu of incarceration without adequate securi~. The facility shall meet all applicable housing, building and fire codes and be licensed as required 'by the State of Minnesota. 1) If the size, location, licensing or p~ose of the facility changes, a new or amended conditional use permit may be required. Residential Care Facility, Correctional The use shall be located at least one-fourth (1/4) mile (1,320 feet) from all existing residential care facilities and correctional residential care facilities, regardless of the licensing status of such facilities. b) The use shall not be located in a two-family or multiple family dwelling unless it occupies the entire structure. c) The facility shall be located on a parcel meeting the minimum lot size for a single family dwelling plus an area of 300 square feet for each resident over six (6). The maximum number of residents ma)' 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. 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 neighborhoo& 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. h) The facility shall meet all applicable housing, building and fire codes and be ticensed as required by the State of Mirmesota. i) If the size, location, licensing or p~oSe of/he 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. Buildings, parking areas, loading areas and any exterior storage shall meet the setback requirements for a principal sm~cture in the zoning district in which the use is located. e) No vebScles or vehicle parts may be placed within the public fight-of-way or on public property. Exterior storage shall be limited to a maximum height of 12 feet and shall be fi~lly screened so that items stored do not exceed the height of the screening provided. g) An environmental m~agement 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 v,~tten record of all veh/cles received, including the date received, date when fluids were rernoved and date rernoved from the fac/liVy. The record shall also include the vehicle City of Columbia Heights Zoning and Development Ord/nance - Section 7 Page 7-19 identification number, make and model and shall be initiated on the date the vehicle is received at the facility. i) All fluids, including but not limited to motor oil, transmission and Jot transfer case lubricants, differential lubricants, fuel, antifreeze, refidgera~nts and window washing fluids shall be removed from the vehicle within three (3) days of receipt. J) All lead acid batteries, mercury conmkfing devices and other hazardous materials shall be removed from the vehicle within three (3) days of receipt. k) On-site burning of trash, refuse.~ garbage or other waste materials is prohibited. 1) Salvage of materials by fire, burning, explosives or chemical decomposition is prohibited. School~ The use shall include a regular C°~se of study accredited by the State of Minnesota. b) The site shall be served by a major collector or higher classification of roadway. c) The parcel upon which the use is located shall have a lot area no less than four (4) times the area of the building footprint. d) A transportation management plan shall be submitted to address off-street parking, bus loading and unloading, traffic control, and the impact of the facili¢~ on surrounding roadways. e) To the extent practical, all new construction or additions to existing buildings shall be complemental7 and compatible with the scale and character of the surroundings and exterior mater/als 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 Zorfing and Development ~d~nance - Section 7 Page 7-20 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. d) A transportation management plan shall be submitted to address off-street parking, bus loading and unloading, traffic control, and the impact of the facility on surrounding roadways. e) New construction or additions to existing buildings shall be complementary and compatible with the scale and character of the surroundings and exterior materials shall be compatible with those used in the immediate neighborhood. An appropriate transition area bew'een 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 complemental9~ and compatible with the scale and character of the surroundings and exterior materials shall be compatible with those used in the immediate neighborhood. d) An appropriate transition area between the use and adjacent property shall be provided by landscaping, screening or other site improvements consistent with the character of the neighborhood. City of Columbia Heights Zoning arid Development Ordinance - Section 7 Page %21 Shopping Center a) Only uses that are allowed within the zoning district in which the shopping center is located, shat1 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 ali sidewalks and alleys within 100 feet shall be inspected regularly fbr purposes of removing any litter found thereon~ Transitional/Emergency Ho~sing 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 construct/on or additions to existing buildings shall be complementary and compatible with the scale and character of the surroundings and exterior materials shall be compatible w/th those used in the immediate neighborhood. e) An appropriate transition area bem, een the use and adjacent property shall be provided by landscaping, screening or other site improvements consistent with the chm-acter of the neighborhood. City of Columbia Heights Zoning and DevelOpment Ordinance - Section 7 Page 7-22 CHAPTER 9: SECTION 8: LAND USE AND DEVELOPMENT GENERAL DISTRICT PROVIS~ONS 9.801 (2) Establishment of Zoning Districts. Primary Districts. In order to carry out the proposes and provisions of this Ordinance, all of the property wit~fin 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 GB CBD Limited Business District General Business District Central Business District Industrial Districts I-2 Light Industrial District General Industral District Mixed Use Planned Development Distrct MXD Mixed Use District Overlay Districts. In order to carry out the proposes and provisions of th/s Ordinance, property within the City of Columbia Heights may also be subject to the following Overlay Zoning Districts: Overlay Districts FP SH Floodplain Management DistrCt Shoreland Management District (Reserved) City of Columbia Heights Zoning and Development Ordinance - Section 8 Page 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 March 2001, which is hereby adopted as the official zoning map of the City. This map and all of the notations, references, amendments and other information shown thereon shall have the same force and effect as though fially set fbrth and described in this Ordinance. Maintenance of .1dap. The Zoning Administrator shall be responsible for maintaining the official zoning map. All mendments 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. [nterpretation. The following roles shall be used to determine the precise location of any zoning district or overlay district boundary, as shown on the official map: (a) Boundary lines shown as following or approximately following the corporate limits shall be consmaed as fi~llowing such limits. (b) Boundary lines shown as follovdng or approximately following streets, alleys or other pubhc rights-of-way shall be construed as following the centerlines of such rights-of-way. (c) Boundary lines shown as following or a_pproximately 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 ~ following the ordinary high water level of such lakes. In the event that the ordin~ high water level changes, the boundary shall be consmaed as moving with the ordinary high water level. Boundary lines shown as folloMng 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 boundm~ shall be construed as moving with the channel centerline. City of Columbia Heights Zoning and Development Ordinance - Section 8 Page 8-2 (2) (3) (g) Boundaries shown as separated from and parallel or approximately parallel to any of the features listed herein shall be construed as parallel to such features and at such distances as actually shown on the official map. (h) If district boundary lines do not follow any of the above described lines, the district boundary lines are established as drawn on the zoning map and shown by written dimension. ProperSv in Multiple Districts. IYq~ere a bound~ 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 distr/cts, any portion of such lot within fifty (50) t%et of either side of such a dividing boundary line may be used for an5' use of either district; provided, however, if any portion o£ such lot shall extend beyond the fifty (50) foot limitation, the boundary 1/ne as shown shall prevail. Appeal of Interpretations. Appeals from the Zoning Administrator's deterrrfination 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 armexation to designate it otherwise. City of Columbia Heights Zoning mhd Development Ordinance - Section 8 Page CHAPTER 9: SECTION 9: LAND USE AND DEVELOPMENT RES~DENT~A£ D~STR~CTS 9.901 Purpose. The residential zoning districts are established to preserve and enhance the quahPy' of living in residential :neighborhoods; provide a range of housing types and densities consistent with 'the CorrLprehensive Plan; regulate structures and uses which may afl%ct the character or desirability of these residential areas; and provide directly related complementary uses that support the residential areas while safeguarding the residential character of these areas. 9.902 General Provisions, 1) Compliance with Applicable Regulations. Any use established in a Residential District after the effective date of this Chapter shall comply with all applicable local, state and federal standards for such uses. 2) Administration. The administration and enforcement of this Section shall be in accordance with the proviSiOns of Section 4, Administration and Enforcement. 3) Non-conformities. Non-conforming uses, structures, lots and signs within a Residential DistMct shall be subject to the provisions of Section 5, Non- conformities. 4) Compliance with General D~elopment Standards. Any use established, expanded or modified in a Residential District after the effective date of this Chapter shall comply with ~e applicable provisions of Section 6, General Provisions. 5) Compliance with Specific Development Standards. Any use established, expanded or modified in a Residential District after the effective date of tb2s Chapter that is identified in Section 7, Specific Development Standards, shall comply with the applicable provisions of that Section. 6) State Licensed Residential Facili~.;~ State licensed residential facilities are allo~ved in all residential districts pursuant to Minnesota State Statues 462.357. 7) Prohibited Uses. Any use not listed as either permitted, conditional or accessory in a particular district or any use not determined by the Zoning Administrator to be substantially similar to a use listed as permitted, conditional or accessory shall, be prohibited in that district. City of Columbia Heights Zoning and Development Ordinance - Section 9 Page 9-1 9.903 Lot Dimension, Height, and Bulk Requirements. Lot area, setback, height a_nd lot coverage requ/rements for uses in the Resident/al Districts shall be as specified in the fq.llowing table. Minimum Lot Area Two-Farrdly Dwelling Twinhome DwellinX .... MulfipI2 Farnfly Dwelling __ Non-residential Smacture Lot Area Per Dwelh~Unit .... Single Family Dwelling .__.. ?VP_~Farrdly D~ellin__g Twinhome Dwelling Multiple ~am/ITDwelling __ Effluence One bedroom Two bedroom Three bedroom Additional bedroom C0n~g~e_ hiving Un/ts Minimum Lot Width Minimum Lot Depth Residential Building Setbacks Front Yard R-1 Rear Yard 8400 ~.~. 70 feet 25 feet R-3 12 feet 20% of lot 9,000 sq. ft. I0,000 sq....~. I O,OOO s~, ft._ ~6,500 sq. ff. 4,200 sq. ~. ~3,5o_0 se 6,500 scl. &SOO s~ 6500 4,200 4;500 s~ ~: 60 feet ~ 25 feet 5 feet* 10 feet 20% of lot . d~th 25 feet 10 feet 30 feet 25 fe~ 3 ~et __ L200 scl. Z000 sq. 2,500 scl. 400 sq. ft. 400 sz ft. 70 feet R4 6,500 sq. ff. 9,000 ~. ft.. 10,000 sq. it: I 0,000 sq:_ff. 6,500 4,200 scl. 4,500 800 ~s~ 1,000 1,200 SCl- 1,500 sq. ~00_sq. 400 sq. ft.___ 70 ft. 30 feet 15 feet 30 feet Side Yard 7 feet* 20 feet 10 feet Comer Side Yard 30 feet 15 feet 15 feet Non-reside~a! Bufidi3g Setbacks Front Yard depth 25 feet 30 feet 15 feet Side Yard 40 feet 25 feet I0 feet Comer Side Yard I2 feet 30 feet 15 feet Rear Yard 40 feet 25 feet 10 feet 25 feet 3 feet 30 feet 3 feet Single a Two Fam/~ Parkin~g_~t~aFks Front Yar~ (~SC!ud~n_g_dfiy~5/pads) Side Yard 30 feet 3 feet Comer Side Yard 3 feet 3 feet 3 feet 3 feet Rear Yard 3 feet 3 feet 3 feet 3 feet ~p~?~Fam~!M ~arldng 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 30 feet 30 feet I0 feet I0 feet 30 feet 30 feet 10 feet I0 feet 35 feet 35 feet 35 feet 35 feet 2.2 Non-residential Parking Setbacks Front Yard Side Yard 25 feet 10 feet 25 feet 10 feet Comer Side Yard 25 feet 25 feet Rear Yard I0 feet Maximum Heir[hr Residential structures 28 feet 28 feet Non~residentiaI structures 35 feet 2[ 35 feet N~-residential FlOor Area Ratin ~ * The side yard setback for structures in excess of two (2) stories Shall be increased to I 0 feet. City of Columbia Heights Zoning and Development Ordinance - Section 9 Page 9-2 9.904 Zero Lot Line Setback Provisions.. In t, he 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 wail of the dwelling unit shall be placed upon said property tine in a manner that does not encroach upon another property. 2) The applicant records all required agreements, easements and deed restrictions against ali properS:les that abut the zero lot line. The m/n/mum 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-I~ Single Family Residential District. 1) Purpose. The propose of the R-1 Single Family Residential District is to provide appropriately located areas for detached single family dwell/rigs and directly related complementary~ uses. 2) Permitted Lrses. Except as specif~cally limited herein, the following uses are permitted within the R-1, Single Family Residential District: a) Single-family dwelling, detached. b) State licensed residential care fac/lity serving 6 or fewer persons. c) Licensed day care facility serv/ng 12 or fewer persons. d) Licensed group family day care facility serving 14 or fewer cl-fildren. e) Public parks and playgrounds. Conditional Uses. Except as specifically limited herein, the following uses may be allowed in the R-I, Single Family Residential District, subject to the regulations set forth for conditional uses in Section 4, Adrn~nistration 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 pr/rate, Government office. Government protective service facility. Golf course. City of Columbia Heights Zoning and Development Ordinance - Section 9 Page 9-3 4) Permitted Accessory Uses. Except as specifically limited herein, the following accessory uses shall be in the R-l, Single Family Residential District: a) b) c) d) e) f) g) h) Private garages, carports and parking spaces. Accessory buildings. Home occupations. Boarding or renting of moms to not more than two (2) persons. Private swimming pools, termis courts and other recreational facilities operated for the SOle use and convenience of the residents of the principal use a~d thek guests. Decorative landscaping, Gardening and other horticultural uses. Temporary construction build~gs. Signs as regulated by Section 6 of this Chapter. 9.906 R-2, Two Family Residential Distriet. 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 withi.n the R-2, single Family Residential District: a) Single-family dwelling, detached. b) Two-family dwelling. c) Twinhome dwelling. d) State licensed residential care facility serving 6 or fewer persons. e) Licensed day care-facility serving 12 or fewer persons. f) Licensed group family day care facility serving 14 or fewer children. g) public parks and playgrounds. Conditional Uses. Except as specifically limited herein, the following uses may be allowed in the R22, Two Fmily Residential District, subject to the regulations set forth for conditional uses in Section 4, Administration and Enforcement, and the regulations fbr 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, pubhc or private, K-12. d) Government office. e) Government protective service facility. Cits, of Columbia Heights Zonhag and Development Ordinance - Section 9 Page 9-4 g) Golf course. Off-street parking for an adjacent conforming commercial or industrial use, provided the lots are under common ownership, is not separated by a public fight 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 Md parking spaces. b) Accessory buildings. c) Horne occupations. d) Boarding or renting of rooms m not more than two (2) persons. e) Private swim_ming 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) Tempormw construction buildings. h) Signs as regulated by Section 6 of this Chapter. 9.907 R-3, Limited Multiple Family Residential District. PurRose. 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 struct,_rre (towm homes, condominiums and apartments), congregate living arrangements and directly' related complementary uses. Permitted Uses. Except as specifically limited herein, the fbllowing uses are permitted within the R-3, Limited Multiple Family Residential District: a) Single-family dwelling, detached. b) Two-family dwelling. c) Twinhome dwelhng. d) Town home dwelling with up m eight units per structure. e) Multiple family' dwelling with up to eight units per smtcmre. f) State licensed res/dential 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 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 cond/fional uses in Section 4, Administration and Enforcement, and the regulations for specific uses set forth in Section 7, Specific Development Standards: a) Religious facihty/place of worship. b) Convent or monastery, when accessory to a religious facility. c) School~ public orprivate, K-12. d) Government office. e) .G°vernment 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 fight 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, trans/fional 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 facilky, outdoor. n) Day care center, adult or c~ld. 4) Permitted Accessory Uses. Except as specifically limited herein, the following accessory uses shall be in the R-3, Limited Multiple Family Residential D/strict: a) Private garages, carports an.d parking spaces. b) Accessory buildings. c) Home occupations. d) Boarding or renting of rooms m not more than two (2) persons. e) Private swqmming pools~:tennis courts and other recreational facilities operated for the SOle use and convenience of the residents of the principal use and thek guests. f) Decorative landscaping, Gaden~g 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 Ord'mance - Section 9 Page 9-6 9.908 R-4~ Multiple Family Residential D~s~r~c~ 1) Purpose. The purpose of the R-4 Multiple Family Residential District is to provide for appropriately located areas for high density multiple family dwellings, congregate living arrangements and directly related complementary uses. 2) Permitted Uses. Except as specifically limited herein, the following uses are permitted within the R-4, Multiple F~ly Residential District: a) Single-family dwelling, detached. b) Two-family dwelling. c) Twinhome dwelling. d) Town home dwelling with up to eight units per structure. e) Multiple family dwelling. f) State licensed residential care facility serving 6 or fewer persons. g) Licensed day care facility serving 12 or fewer persons. h) Licensed group family day care facility serving 14 or fewer children. i) Public park and/or playground. Conditional Uses. Except as specifically limited herein, the follow/ng uses ma5' be allowed in the R-4, Muttipte Fmily Residential District, sUbject to the regulations set forth for conditional uses in Section 4, Admirfistration and Enforcement, and the regulations for specific uses set forth in Section 7, Specific Development Standards: a) b) c) d) e) g) h) i) J) 1) m) Religious facility/place ofworsbSp. Convent or monastery, when aCcessory to a religious fhcility. School, public or private, K-12. School, vocational or business. Licensed day care facility serving more than 12 persons. Goverranent office. Government protective ser,/ice facility. Off-street parking far ~ adjacent conforming commercial or industrial use, provided the lots are under common ownership, is not separated by a pr/blic fight 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 Zorfing and Development Ordinance - Section 9 Page 9-7 o) p) Recreational facility, outdoor. Day care center, adult or child. Manufactaared home park. 4) Permitted Accessory Uses. Except as specifically limited herein~ the following accessory uses shall be in the R-4, Multiple Family Residential Dis~ct: a) Private garages, carports and parking spaces. b) Accessory buildings. c) Home occupations. d) Boarding or renting ofroomsm not more than two (2) persons. e) Private swimming pools, tem~is coups and other recreational facilities operated for the sole use and converfience of the residents of the principal use and their guests. f) Decorative landscaping, G~dening and other horticultural uses. g) Temporary construction buildings. h) Signs as regulated by Section 6 oft~s Chapter. City of Columbia Heights Zon/ng and Development Ord/nance - Section 9 Page 9-8 CHAPTER 9: LAND USE AND DEVELOPMENT SECTION COMMERCIAL DiSTRiCTS 9.1001 Purpose. The commercial districts are established to provide for a wide range of goods and services in locations throughout the comm-anity; provide employment oppormn/fies; 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 ha 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 administratk~n and enforcement of this Section shall be in accordance with the provisions of Section 4, Admirfistration 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° Conform/ties. 4) Compliance with General Development Standards. Any use established, expanded or modified in a Com~r~ercial District after the effective date of this Chapter shall comply with the applicable provisions of Section 6, General Development Standards. Compliance with Specific Develo~pment Standards. Any use established, expanded or modified in a Commercial District atter the effbctive date of this Chapter shall comply with the applicable provisions of Section 7, Specific Development Standards. Prohibited Uses. Amy use not listed as either perm/tted, conditional or accessory ha 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 d/strict. 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 Corranercial Districts shall be as specified in the following table. M/n/mum Lot Area Min/mum Lot Width Minimum Lot Depth Lot Area Per Dwelling_Urfit Single_ Family Dwelling Multiple Family Dwellin_g Efficiency One bedroom Two bedroom Three bedroom Additional bedroom Congregate Living Units Hotel or motel Hospital Bttild/ng Setback Requirements Nonresidential/M/xed Use Front Yard Residential Front Yard Front Yard Side Yard Comer Side Yard Rear Yard P_arking Setback Requirements Front Yard LB ~ GB 6,000 sq. fi. 6,000 sq. ft. 50 feet - _t 40 feet Maximum _Height Maximum Lot Coverage 6,500 sq. ft._ 1,200 sq~ ~, t.800 sq. fL _ 2,000 s% fi. 2,500 sq. fi. 400 sq~ ~ 400 sq. 400 s_q. ft. _ 600 sq. ~. __ None 5 feet CBD 20 feet 15 feet i0 feet 20 feet 12 feet 5 feet 12 feet 5 feet 35 feet 1,200 sq. ft_. 1,800 sq, ft. 2,000 sq. ft. ' 2,500 sq. ft. _ 400 sq. ft. 40~0 sq. ft. __ 15 feet None None None 15 feet 1 foot 20 feet 10 feet 15 feet 1 foot Side Yard 5 feet None Comer Side Yard 15 feet 1 foot Rear Yard 5 feet 5 feet 35 feet 1.0 Floor Area Ratio 6.0 (Amended by Ord. #1460-Oct. 2003). 9.1004 LB, Limited Business District. 1) Purpose. The propose 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 sen'ice :facility. d) Public park and/or playground. City of Columbia Heights Zoning and Development Ordinance - Section 10 Page 10-2 e) f) g) h) i) J) Clinic, medical or dental. Clinic, veterinary. Funeral home. Office, not exceeding 4,000 square feet in area. Studio, professional. Service, professional. 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) g) h) J) k) l) 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/visuat/mamial arts. Licensed day care facility, child or adult. Government maintenance facility. State licensed residential care facility. Congregate living facilit55 including rooming houses, group living quarters, nursing homes, senior housing, assisted living facility, traditional housing and emeLgency housing. Bed and breakfast home, when accessory to a single-family dwelling. Comrrmnity center. Recreational facility, indoor. Recreational facility, outdoor. Single family dwelling, when accessory to a commercial use. Food se~ice, limited (coffee shop/del/). Hospital. Museum/gallery. Retail sales, not exceeding 2,500 square feet in area. Hotel or motel. 4) Permitted Accessory Uxes. Except as specifically limited herein, the following accessory uses shall be permitted in the LB, Limited Business District: a) b) c) Private garages, parking spaces and loading areas. Accessory buildings. Private swimming pools, te~mis courts and other recreational facilities operated for the sole USe and convenience of the residents of the principal use and their g-aests. Landscaping and other horticuItural uses. City of Columbia Heights Zoning and Development Ordinance - Section 10 Page e) f) Temporary construction buildings. Sig-ns as regulated by Section 6 of this Chapter. 9.1005 GB, General Business District. 1) Purpose. The propose of the GB General Business District is to provide appropriate locations for general retail sales, sep~ices and other commercial developments that benefit frorn their proximity to other cormnercial uses. These areas are located away from residential neighborhoods, along arterial roadways and are accessible primarily by automobile. 2) Permitted Uses. Except as specifically limited herein, the following uses are permitted within the GB, General Business District: a) b) c) d) e) g) h) i) J) k) l) m) n) o) P) q) r) s) t) u) v) w) x) Y) z) aa) bb) cc) dd) Community center. Government office. Government protective service facility. Public park and/or playground. Recreational facility, indoor. Recreational facility, outdoor. School, vocational or business. School, performing/visual~:ma~ial arts. Auditorium/place of assembly. Automobile convenience facility. Automobile repair, minor. Automobile sales/rental. Banquet hall. Billiards hall. Bowling alley. Car wash. Clinic, medical or dental. Clinic, veterinary. Day care facility, adult or child. Financial institution. Food service, convenience(fast food). Food servSce, limited (cof£~e shop/deli). Food service, full service(restaurant/nightclub). Funeral home. Greenhouse/garden center~ Health or fitness club. Hotel/motel. Laboratory, medical. Liquor store, off-sale. Museum or gallery. City of Columbia Heights Zoning and Development Ordinance - Section 10 Page 10-4 ee) gg) ii) J J) kk) 11) rmm) Office. Recreational vehicle sales~ Retail sales. Service, professional. Shopping center. Smd/o, professional. Studio, radio and television. Theater, live performance. Theater, movie. 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, Admirfistration and Enforcement, and the regulations for specific uses set forth in Section 7, Specific Development Standards: a) b) c) d) e) g) h) i) J) k) l) m) n) Government maintenance fhcilky. Arcade. Firearms dealer/Shooting range Hospital. Outdoor sales or d/splay. Outdoor storage. Parking ramp. Assembly, manufacturing and/or processing. Printing and/or publishing. Consigmnent/Secondhand store. Club or lodge. Currency exchange. Pawnshop. Drop-in Facility. 4) Permitted Accessory Uses. Except as specifically hmited herein, the following accessory uses shall be permitted in the GB, General Business District: a) b) c) d) e) f) 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 ~e accessory use does not exceed 30 percent of the floor area. Temporary construction buildings. Signs as regulated by Section 6 of tl-fis Chapter. 9.1006 CBD, Central Business District. CiD' of Columbia Heights Zordng 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 entertaimnent uses. Residential un/ts are allowed within this district-when located above a first floor commemial use. 2) Permitted Uses. Except as specifically limited herein, the following uses are permitted within the CBD, Central Business District: a) Multiple family residential, when located above a first floor commercial use. Community center. Government offices~ Government protective ser~Aces facility. Public parks ancVor play~ounds. Recreational facility, indoor. Recreational facility, outdoor. School, vocational or business~ School, performing/visual/martial arts. Auditor/m/place of assembly. Banquet hall. Billiards hall. Bowling alley. Clinic, medical or dental. Clinic, veterinary. Licensed day care facility, adult or ch/Id. 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. Reta/1 sales. Service, professional. Studio, professional. Studio, radio or tetevisions~ Theater, live performance. Theater, movie~ b) c) d) e) g) h) i) J) k) l) m) n) o) P) q) r) s) t) u) v) w) x) y) z) aa) bb) cc) dd) ee) 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 Developmenl OrdNance - Section 10 Page 10-6 regulations set fbrth 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) o) g) Government maintenance facility. Arcade. Automobile repair, minor. Outdoor sales and/or display. Outdoor storage. Parking ramp. Club or lodge. 4) Permitted Accessory Uses. Except as specifically limited herein, the fo!toxving 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 roses. 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- constraction buildings. Signs as regulated by Section 6 of this Chapter. 5) Off-street Parking. The CBD, Central Business District, shall be considered an Off-street Parking District in which off-street parking is not required for nonresidential land uses. Residential uses, including those in mixed-use buildings, shall meet the parking requirements of Section 9.612. (Amended by Ord. #1460-Oct. 2003). City of Columbia Heights Zoning and Development Ordinance - Section 10 Page 10-7 CHAPTER 9: LAND USE AND DEVELOPMENT SECTION INDUSTRIAL DISTR~CTS 9.1101 Purpose. The industhal districts are estiblished to enhance the community's tax base; provide employment oppom~nities; and accommodate industrial development while maintaining compatibility with surrounding areas. 9.1102 General Provisions. Compliance with Applicable Re~lations. Any use established in an Industrial District after the effective date of this Chapter shall cornply will all applicable local, state and federal standards for such uses. Administration. The administration mud enforcement of th/s Section shall be in accordance w/th the provisions of Section 4, Administration and Enforcement. Non-conformities. Non-confonnb. g uses, structures, lots and signs within an Industrial D/Strict 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 D/strict after the effective date of this Chapter shall comply with the applicable provisions of Section 6, General Development Standards. Compliance with Specific Development Standards. Any use established, expanded or modified in an Industrial D/strict after the effective date of this Chapter that is identified in Section 7~ Specific Development Standards, shall comply w/th the applicable provisions of that Section. Prohibited Uses. An5' 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 permkted, conditional or accessory shall be prohibited in that district. City of Columbia Heights Zoning and Development Ordinance - Section 11 Page 11-1 9.1103 Lot Dimension, Height, and Bulk Requirements. Lot area, setback, height and lot coverage requirements for uses in the Industrial Disthcts shall be a~s specified in the following table~ Minimum Lot Area Minimum Lot Width Buildi~_g Setback Requ/rements Front Yard Side Yard Comer Side Yard Rear Yard Park/ng Setback Requirments From Yard Side Yard Comer Side Yard Rear Yard Maximmm Height Maxknmm Lot Coverage Floor Area Ratio I-1 I-2 10,000 sq. ft. 80 feet 20 feet 12 feet 15 feet 24 feet 20 feet 5 feet 20 feet 10,000 sq. ft._ 80 feet 20 feet 12 feet 15 feet 24 feet 20 feet 5 feet 20 feet 5 feet 5 feet 1.0 9.1104 I-l, Light Industrial District. 1) Purl~ose. 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 arteri~ roadways and should be separated from residential uses by natural or m~ade 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) g) h) i) J) k) l) m) City of Columbia Heights Commtmity center. Government office. Government maintenance facility. Government protective service facility. Public park and/or playgro-tmd. Recreational facility, indoor. Recreational facility, outdoor. Automobile repair, major. Automobile repair, minor. Laboratory, medical. Office. Studio, radio or television. Assembly, manufacturing mad/or processing. Zon/ng and Development Ord/nance - Section 1 t Page 11-2 n) o) P) q) r) s) t) 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. Conditional Uses. Except as speci~cally limited herein, the following uses may be allowed in the I-1, Light ~ndustrial District, subject to the regulations set forth for conditional uses in Section 4, Administration and Enforcement, and the regulations ~br specific uses set forth in Section 7, Specific Development Standards: b) c) d) e) 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 Lndust~al District: a) b) c) d) Off-street parking and loading area~s. Landscaping and other horticultural uses. Temporary consmztction buildings. Signs as regulated by Section 6 of this Chapter. 105 I-2, General Industrial District 1) Purpose. The p~ose o~ the I-2, General Industrial District is to provide appropriate locations for industrial enterprises engaged in activities such as manufacturing, processing,, assembly, storage and warehousing, which, because of their size and/or natare~ require isolation from non-industrial uses. These areas are located w~th 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 Permitted Uses. Except as specifically limited herein, the following uses axe permitted within the I-2, General Industrial D/strict: a) b) c) d) e) g) h) i) J) k) 1) m) n) o) P) ct) r) s) t) u) v) w) Community center. Government office. Government makntenance 1?acility. Government protective ser¥ice 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. Ma/ntenance facility. Office/showroom. Office/warehouse. Printing and/or publishing. Self-service storage facility. Warehousing and/or dislMbution. Pawnshops. Tattoo shops. Body piercing shops. Conditional Uses. Except as specifically limited herein, the following uses may be allowed in the I-2, General Indust~al D/strict, 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) g) Caretaker's residence. Outdoor sales and/or display. Outdoor storage. Parking ramp. Concrete, asphalt or rock Cms~ng 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 1 t-4 c) d) Landscaping and other ho~icutmral uses. Temporary constraction 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 D[S TR[CT 9,1201 Purpose. The purpose of the MXD Mixed Use Development D/strict is to promote efficient use of existing City infrastructure; ensure sensitivity to surrounding neighborhoods; create lin}rages 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; mad 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 anct/or redevelopment of specific areas wkhin the community. 9.1202 General Provisions. Application of District. The Mixed Use Development District shall only be applied to those areas identified as being within one of three m/xed-use districts in the City's Comprehensive Plan. Compliance with Applicable Reg:aiations. Any use established in Mixed Use District after the effective date of th/s 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 EnforcemenL 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 s/re 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. 9.1203 Mixed Use Development District TYpes. The City's Comprehensive Plan identifies thi-ee distinct mixed-use development opportunities w/th the City. 0 Transit Oriented Mixed-Use. The pt~ose 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 with_in this district is to ensure a pedestrian friendly City of Columbia Heights Zoning and Development Ordinance - Section 12 Page 12-I environment and pedestrian counections to and from residential development and transit facilities. The mix of land use shall be flexible to help facilitate a successful development (12 units/acre minimum). (Amended by Ord. #1460-Oct. 2003). CommuniOn' Center Mixed-Use. The purpose of the Community Center Mixed4Jse is to encourage a mix o£ lmnd use and redevelopment located near the existing City Hall and Other' City offices and to strengthen the community image of Columbia HeiSts. Commercial/retail uses will be service-oriented and at a neighborhood scale. Residential uses will.be medium to high density (6 units/acre minimum). The mix of land use shall be flexible to help facihtate 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 opportunkies atong the 40th Avenue corridor and provide opportunities to strengther~ the comnection between the dov~mtown 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 un/ts/acre minimum) and 40 perceat office and/or commercial/retail. Land use should complement and strengthen the current residential character of the area and provide new opportun/fies for service oriented development. Commercial/retail uses should no~ compete with the downtown core and therefore primahly serve local residents. 9.1204 Uses. M/xed-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 Se~ctien 9, Residential Districts, and Section 10, Commercial Districts, wh/ch 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' comme:rcial uses identified in Section ~0, Commercial Districts, which are consistent with the Comprehensive PI~ 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 9.1205 Performance Standards, The fbltowing performance standards shall be applied to all mixed-use developments. 1) The m/nimum size of a mixed-use developmem shall be flexible to help facilitate a successful development. (A_mended by Ord #i 460-Oct. 2003). 2) The maximum non-residential density is 6.0 FAR and the maximmm residential density is 20 traits/acre. Maximum densities may be increased by up to 50 percent at the sole discretion of the City Council if one of more of the folloxving are provided: a) b) c) d) At least 50% of the required parking is provided by underground parking or parking in ramps; Housihg is provided above ground floor retail/service commercial and the total floor area of the housing is at least twice the floor area of the retail/service commercial use; Office space is provided above ground floor retail/service commercial and the total floor area of the office space is at least twice the floor area of the retail/service commercial use; At least 50% of the building ground coverage is concentrated in structures four (4) or more stor/es in hei~4ht, thereby conserving open space within the mixe&use development area. 3) The design of the mixedmse development is sensitive to adjacent usable open space and includes design of pedestrian/bicycle connections to enhance existing ckculation patterns. 4) Building setbacks shall be regulated by the final site plan and development agreement approved by the City Council, based on the following findings: a) The setbacks provided, adequate distances from uses in adjacent districts. b) The setbacks ma/ntak~ and enhance the character of the neighborhood in which the mixe&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 an4/or transit access. 6) Buildings shall be oriented to the street or a common open area with minimal setbacks. City of Columbia Heights Zorfing and Development Ordinance - Section 12 Page 12-3 7) 8) 9) Building facades shall be var/ed to create visual interest. All trash handling and loading areas shall be inter/or or utilize architectural screening of the smme 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 rnonurnent sins shall utilize the same exter/or materials as the principal building(s). City of Columbia Heights Zoning and Development Ord/nance - Section 12 Page 12-4 CHAPTER 9: SECTION f3: 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 with/n 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 enviro~m~entally sensitive and unique areas of the community. Relationship to Other Applicable Regulations. Property located witl:fin' an overlay d/strict 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 follow/ng overlay districts are established: 9.1302 a) b) c) Floodplain Management Overlay District Shoreland Management overlay District Design Overlay District (Amended by Ord. #1460-OcL 2003). Floodplain Management Overlay District Purpose. The flood hazard areas of the City are subject to periodic inundation wh/ch results in potential loss of life, loss of property, health and safety hazards~ disruption of commerce and goverrLmental services, extraordinary publ/c 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 wettTare and to mirfimize losses to public and private property by the provisions contained herein. Statt~toc~ Authorization. MinnesOta Statutes, Chapters 103F and 462, delegate responSibility to local ~its of government to adopt regulations designed to minimize flood losses~ City of Columbia Heights Zorfing and Development Ordinance - Section 13 Page 13-1 Methods Used to Analyze Flood Hazards - This Section is based upon a reasonable method of analyzing t~lood hazards, which is consistent with the standards established by the Minnesota DeparVment 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. A.ppticability. Tiffs Section shall appty to all lands w/tkin the City shown on the Official Zoning Map as being located w/thin the bormdaries of the Floodway, Flood Fringe, or Genera Flood Plain Overlay Districts. Establishment of Official Zoning Map The Official Zoning Map together w/th all explanatory materials thereon, and attached thereto is hereby adopted by reference The explanatory material shall include the Flood Insurance Study fbr the City prepared by the Federal Insurance Administration dated March, 1978~ and the Flood Boundary and Floodway Maps and Flood Insurance Rate Maps therein. Reg~ulatory 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 witiffn 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 Pla/n District shall be calculated by a qualified registered professional engineer. [nterpretatt'on. In their interpretation and application, the provisions of this Section shall be held tobe minimum req~.firements 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 Zon/ng and Development Ordi~nance - Section 13 Page 13-2 10) b) The boundar/es of the zoning districts shall be determined by scaling d/stances 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 reportable opportunity 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 sm2cture 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 th/s Section to repeal, abrogate, or impair any ex/sting easements, covenants, or deed restrictions. However, where this Section imposes greater restrictions, the provisions of this _Article shall prevail. ~Zrning and Disclaimer of Liability. TbJs Section does not imply that areas outside the flood plain districts or land uses permitted within such disttrcts will be flee from flooding or' flood damages. This Section shall not create liability on the part of the City or an), officer or employee thereof for any flood damages that msutt 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 Distrtrct ffW), Flood Fringe District (FF) mud General Flood Plain District (GFP). The boundaries of these districts shall be shown on the Official Zoning Map. Within these districts, all uses not altowed 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 Zonkng and Development Ordknance- 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. ] 3) Floodway District (F~9 a) Permitted Uses. The folIow/ng uses have a low flood damage potential and do not obst~'mct 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 tribut~ to the main stream or of any drainage ditch, or any other drainage facility or system. Agricultural uses such as general farming, pasture, gazing, out-door plant nurseries, horticulture, m~ck farming, forestry, sod farming, and wild crop harvesting. ][ndustrial-Commemial 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 fisb2ng areas, and hiking horseback tiding 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 pemanent), 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, gavel and other materials; Marinas, boat rentals, docks, piers, wharves, control structures; and water City of Columbia Heights Zonhag and Development OrdLnance - Section 13 Page 13-4 c) d) Railroads, streets, bridges, utility transmission lines and pipelines; Storage yards for equipment, machinery or materials; Other uses similar in nature to uses those described herein that are consistent with the provisions set out in this Section. Standards for Floodway Conditional Uses: All Uses. No structure (temporary or permanent), fill (including fill for roads and levees), deposit, obstruction, storage of materials, or equipment, or other uses may be allowed as Conditional Uses which, acting alone or in combination with existing or reasonably anticipated future uses, adversely affects the capacity of the floodway or increases flood heights. In addition, all floodway Conditional Uses shall be subject to the standards contained in this Section. Fill (i) Any fill deposited in the floodway shall be no more than the minimal mount necessary to conduct an identified Conditional Use. Generally fill shall be limited to khat needed to grade or landscape for that use and shall not in any way fiarther obstruct the flow of flood waters. (ii) Spoil from ~edg~g or sand and gravel operations shall not be deposited in the floodway unless it cmn 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; AccesSory structures shall have a low flood damage potential; City of Columbia Heights Zoning and Development Ordinance - Section 13 Page 13~5 o Accessory structures, if permitted, shall be constructed and placed on the building site so as to offer the m_inim]zrm obstruction to the flow of flood waters. V~laenever 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, fl~able, 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 al~er flood waming~ 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, pastm-e~ grazing, out-door plant nurseries, horticulture, truck farming, forestry, sod farming, and wild crop harvesting. Industrial-Commercial uses such as loading areas, parking areas, and airport landing strips. 3. Private and public recreational uses such as golf courses, tennis courts, dfivirxg ranges, archew 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 i111 so that the basement floor or first floor, if there is no basement, is at or above the regulatory flood protection elevation. The finished fiI1 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 an5, structure or building erected thereon. Fill shall be compacted and the slopes shall be protected by rip rap or vegetative covering. No use shall be permitted which will adversely affect the capacity of channels or floodways of any tributary to the main system, or of any drainage ditch, or any other drainage facility or system. b) Conditional Uses. Other uses are permitted only upon application to the Zoning Administrator and the issuance of a Conditional Use Permit and subject to the follow4ng provisions: Residences. ~ere existing streets, utilities and small lot sizes preclude the use of fill, other methods of elevating the first floor (including basements) above the regulatory flood protection elevation may be authorized provided that the residence is flood-prOofed in accordance with the State Building Code. Other Structures. Commercial, manufacturing and industrial structures shall ordinarily be elevated on fill so that their first floor (including basement) is above the regulatory flood protection elevation but may, in special circumstances, be flood-proofed in accordance with the State Building Code. Structures that are not elevated to above the regulatory flood protection elevation shall be flood-proofed to FP-1 or FP-2 classification as defined by the State Building Code. Structures flood-proofed to FP-3 or FP-4 classification shall not be permitted. c) Standards for Flood Fringe Uses. City of Columbia Heights Zoning and Development Ordinance - Section 13 Page 13-7 Residential Uses. Residences that do not have vehicular access at or above elevation not more than two feet below the regulatory flood protection elevation shall not be permitted unless granted a variance by the Board of Adjustment. In granting a variance, the Board shall specify limitations on the period of use or occupancy of the residence. Commercial Uses, Accessory land uses, such as yards, railroad tracks, and parking lots may be at elevations lower than the Regulatory Flood Protection Elevation. However, a permit for such f~itifies 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 ~eater 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) a) 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 Dis~ct includes both floodway and flood fringe areas. The City Council shall determine whether the proposed use is in the floodway or flood f~nge. 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 distr/cts 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 w/th 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 ~nall be provided where failure or interrupt/on of these transportation facilities would result in danger to the public health or safety or where such facilities are essential to the orderly f~anction/ng of the area. Minor or auxiliary roads or railroads may be consm~cted 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 arid 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 distr/cts may be replaced only if in compliance with the following conditions: 1. The mobile home lies in the Flood Fringe Distr/ct; The mobile home? ~s ~chored with fiedowns that comply with requirements of Minnesota Regulations Moll 450; The mobile home owner or renter is notified that the mobile home site lies in the flood plain and may be subject to flooding; The mobile borne Park owner develops a flood emergency plain consistent Mth the time available after a flood warning. City of Colmmbia 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 area~s, 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 mLrfimize or eliminate infiltration of flood waters into the systems and discharges from the systems in flood waters. On-site waste disposal systems shall be located to avoid impairment to them or contamination from them during flooding. 20) Administration Zoning Administration. The Zon/ng Administrator shall admin/ster and enforce this Section. b) Use Permit: Use Perrrfit Required. A Use Permit issued by the Zoning Administrator in conformky w/th the provisions of this Section shall be secured pr/or 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 tothe 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 folloMng where applicable: plans in duplicate drawn to scale, sho'wing the nature, location, dimensions, and elevations of the Ic~t; 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 Perrrfit or Variance, the Zoning Administrator shall deterrnine that the applicant has obtained all necessary' State and Federal permits. City of Columbia Heights Zon/ng and Development OrdLnance - 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 occ-apancy 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 struct~e 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. W'nere a nonconforming use or struc~e is eXtended or substantially altered~ the Certificate of Zoning Compliance shall specifically state the manner in which the nonconforming sm~cture 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 Permks or Certificates of Zoning Compliance issued on the basis of approved plans and apphcations authorize only the use, arrangement and construction set ~%rth 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 b 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 basemert) of all new structures or additions to existing structures in the flood plain districts. The Zoning Administrator sha11 aim maintain a record of the elevations to which structures or additions to structures are flood- proofed. City of Columbia Heights Zoning and Development C~dinance - Section 13 Page 13-11 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 a&ministrative official in the enforcement or adrrfinistration of this Section. Variances. The Board of Adjustment and Appealsmay recommend upon appeal in specific cases such variance from the terms of this Section as will not be contrary' to the public interest, where owing to special conditions as literal enforcement of the provisions of the Section will result in unnecessary hardship so that the spirit of the Section shall be observed and substantial justice done. No variance shall have the effect of allowing in any district uses prohibited in that district, permit a lower degree of flood protection than the regulatory flood protection elevation for the particular area, or permit standards lower than those required by State Law. 3. Decisions. A copY of all decisions granting a variance shall .......................................... _be..for~;'arded tn the Cnmrn{~]onsr n£ N~h~rs] Re~rmrp.~.~ 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 Zoning Commission for the determination of the regulatory flood protection elevation and whether the proposed use is the floodway or the flood fringe. A typical valley cross-section showing the channel of the strearn, elevation of land areas adjoining each side of the channel, cross-sectional areas to be occupied by the proposed development, and tfigh water information. (ii) Plan (smSkce view) showing elevations or contours of the ground; perthaent structure, fill, or storage elevations, size.~ location; and spatial arrangement of all proposed and existing structures on the site; location and elevations of streets; photographs showing existing land uses and vegetation upstream and dowmstream; and soil type. (iii) Profile showLng the slope of the bottom of the channel or flow line of the stream for at least 500feet in either direction from the proposed developmem~ (iv) One copy of the above information shall be transmitted to a designated engineer or other expert person or agency for tectm/cal assistance in determining whether the proposed use is in the floodway or flood fringe and to determ2ne the regulatory flood protection elevation. Procedures consistent with Minnesota Regulations NR 86-87 shall be fbllowed in this expert evaluation. The designated engineer or expert shall.: Estimate the peak discharge of the regional flood. CalculaTe the water surface profile of the regional flood based upon a hydraulic analysis of the stream channel and overbank areas. ciD, of Columbia Heights ZonLng and Development Ordinance - Section 13 Page 13-13 Cornpute the floodway necessary to convey the regional flood without increasing flood stages more than 0.5 feet. An equal degree of encroacbxnent on both sides of the stream within the reach shall be assume& (v) Based upon the technical evaluation of fne designated engineer or expert, the Board of Adjustment shall determine whether the proposed use in the floodway or flood fringe and the regulatory' 5ood protection elevation at the site. o Procedures to be Followed by the Board of Adjustment in Passing on Conditional Use Permit Applications Within All Flood Plain DistMcts. The applicant shall furnish such of the following infbrmation and additional information as deemed necessary by the Board of Adjustment for determining the ~uitability 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 improvment, 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 designate~ engineer or other expert person or agency fo~tec~ical assistance, where necessary, in evaluating the proposed project in relation to flood heights and Velocities, the seriousness of flood damage to ~e; use, the adequacy of the plans for protection~ and other technical matters. (iv) Based upon the technical evaluation of the designated engineer or expert, the Planning and Zoning Commission shall determine the specific flood hazard at 'the site and evaluate the suitability of the proposed use in relation to the flood hazard. City of Columbia Heights Zoning and Development Ordinance - Section 13 Page 13-i4 Factors Upon ~2~ich the Decision of the Planning and Zoning Commission Shall be Base& In passing upon Conditional Use applications, the Plam~ng and Zoning Commission shallconsider 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 dov~mstream 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 m flood damage and the effect of such damage onthe individual owner; (v) The impo~ance of the services provided by the proposed facility to the comm'tmity; (vi) The requirements of the facility for a waterfront location; (v4i) The availability of alternative locations not subject to flooding forproposed use; (viii) The compatibility of the proposed use with existing development anticipated in the foreseeable furore; (ix) (x) The relationship of the proposed use to the comprehensive plan and flood plain management program for the area; The safety' of access to the property in times of flood for ordina~D, 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 purposes of this Section. City of Columbia Heights Zoning and Development Ordinance - Section 13 are relevant to the Page t3-15 Conditions Attached to Conditional Use Permits. Upon consideration of the factors listed above and the purposes of this Section, the Plamning 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 stmcrure 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 nonconfon2ing 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 Zon/ng 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 nonconfonmng 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 fbr 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 confmue as nonconibrming uses. Except as provided m 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 fbr 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 estabhsl~ment 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 A~istrator 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 shal! 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 Sectiom 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 desi~afion 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. Spedal exceptions ro this rule may be permitted by the Commissioner of Natural Resources if he determines that~ thorough other measures, lands are adequately protected for the intended use. All amendments to this Section~ including amendments to the Offic{al Zoning Map, must be submitted to and approved by the Commissioner of Natural Resources prior m adopfion~ Changes in the Official Zoning Map also require prior approval by the Federal Insurance Administration~ 9.1303 Shoreland Management Overlay District (Reserved) 9.1304 Design Overlay District (Amended by Ord. #1460-Oct. 2003). l) Purl2ose. The Design Overlay Districts are established to increase the visual appeal and pedestrian orientation of certain major street corridors within the City, thereby increasing the economic vitality of these corridors, and to support the goals of the Comprehensive Plan. Establishment. The following desi~ overlay districts are established: a) CentraI Ave Design District b) 40t~ Ave Design District c) Highway Design District d) Design Guidelines. The Columbia Heights Design Guidelines shall apply to development within the Design Districts. The Columbia Heights Design Gtfidehnes are hereby incorporated into this ordinance by reference in order to: ad Guide developers or business owners wishing to propose expansions, renovations or new construction of buildings or parking within the Design Districts; Assist City officials and staff in reviewing development proposals. City of Columbia Heights Zoning and Development Ordinance Section 13 Page 13-18 4) Applicability of Design Guideli;~es. Design guidelines shall apply to ali nonresidential, mixed-use and/or multi- family buildings, and to the following acti,dties: New construction Any exterior chasqges, including repainting, with the exception of replacement or repair of existing materials; Any internal remodeling or expansion activity that increases the overall size of the buitding by 10 percent or more; ~, Any development or expansion of parking areas that would result in a lot with more than four parking spaces. ~ Minor alterations such as repainting may be handled administratively, as determined by the City Planner. The Guidelines are intended to be mandatory, It is assumed that the intent of the guidelines shall be met; however, it is understood that there may be ways to aclrfieve the same design objecfive. The City may penmt alternative approaches that in its determination, meet the objective(s) of the guideline(s) equally well. The guidelines shall apply only to the building or ske elements being developed or altered. That is~ a proposal for changes to a building would be required to meet only those standards that pertain to buildings, while changes to a parking area would be required to meet at1 standards for parking areas, but not for buildings. The Cky Planner will make the initial determination as to which standards are applicable. Design Review shall be conducted as part of the site review process~ as specified, in Section 9.413. (Amended by Ord. #1460-Oct. 2003). City of Columbia Heights Zoning and Development Ordinance Section 13 Page 13-i9 CHAPTER 9: SECTION 14: LAND USE AND DEVELOPMENT SUBDIVISION I~GULATIONS 9.1401 Purpose. The purpose of this section is m provide for the orderly and economic development of land and urban facilities, and to promote the public health, safety and general welfare of the commm~ty by establishing physical standards and procedures for the subdivision of tand. 9.1402 Authority, The Council hereby established the following roles and regulations pursuant to the authority provided in M~esota 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 Boundahes 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 Subdo2. Preliminary_ Plat, A preliminary plat shall contain the following information: 1. Identification and Description Proposed name of subdivision, which name shall not duplicate or be similar to the name of any other plant. b. Location by section, town, range or by other legal description. Co Names and addresses of the owmer, subdivider, surveyor and designer of the plan. d. Graptfic scale e. North point f. Date of preparation g. Certification by surv-eyor certi¢4ng to accuracy of survey City of Columbia Heights Zon/ng and Development Ord/nance - 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. d0 Location, widths and names of all existing or prev/ously platted streets or other public way, showing type, width and also condition of improvements, if any, railroad and utility rights-of-way, parks and other public spaces, permanent buildings and structures, ea~sements and section and corporate line with/n the tract, and to a distance of one hundred (I©0) 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, includ/ng 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 ibatures 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 establ~hed within the boundaries of the subdivision. Descriptions, reference ties and elevations of the benchmarks shall be furnished to the City Engineer. Reference to recorded sub,vision plat or adjoining platted land by record, name, date and number~ The location and size of all existing sanitary sewer, water or storm sewer, minks, laterals or ser~dces 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, bearings and similar data on the plan shall be referred. City of Columbia Heights Zoning and Development Ordinance - Section 14 Page t4-2 Tract boundary lines, r/ght-of-way lines of streets, easements, and other rights-of-way and property lines of residential lots and other sites; with accurate dimensions, bearings or deflection angles and radii, arcs and central angles of all curves. Name and right-of-way width of each street or other right-of-way. Location, dimensions and p~ose of any easements. An identification system for ali lots and blocks. Site data including number of residential lots, typical lot size, and acres in park, etc. Sites, if any, to be reserved for parks or other public uses. Sites, if any, for multi-family dwellings, shopping centers, churches, industry or other non-Public uses exclusive of single family dwellings. Minimum building setback line on all lots and other sites with the width of lot shown at setback line. Location and description of monuments. Preliminary Grading and Drainage Plan Including earthwork quantities, final grades (4:1 maximum slopes), building pad elevations, existing and proposed topography at two foot intervals, drainage calculations, l©-ye~ 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, cormection with existing utilities (waterrnain; 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 Ord/nance - Section 14 Page 14-3 10. Prelim/nary Street Plan Plan and Profile showing internal roads, grades~ lengths of cul-de-sacs~ curb data (horizontal and vertical), cormection to existing streets or platted right-of-way, provisions for 15~ture 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 ofplant materials. Letter from Anoka County and/or MN/DOT containing recormmendations and/or regulations on access or r/gift-of-way requirements, if the property abuts county or state roads or r/ght-of-way, or proposes access to a state of cotmty road. Supplementary Data to be Supplied 'with Preliminary Plat a. Names or record owners of adjoining unplatted land. b. Protective covenants in fo~ of recording, if any. c. Other/n.formation such as certificates, affidavks, endorsements, photographs, traffic studies or other hnformation as may be required by the City Council and/or the Planning Commission and/or the City staff in the enforcement of these regulations. d. Soil borings and analysis, ifrequired by the City Engineer or Chief Building Official.~ e. 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 Eng~eer. f. The size and dimension of~l lots. City of Columbia Heights Zoning and Development Ordinance - Section 14 Page 14-4 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 reserced 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 a~y interest in the land and any holders of an mortgage thereon of the certificates required by Section 505.03, Minnesota Statutes, a~s amended and w~ich certificate shall include a dedication of the utility easements and other public areas in such form as approved by the City Council Space for certificates of approval md review to be filled in by the signatures of the City Engineer, C~ty 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 ex/sting utilities, proposed utilities, connection with existing ~filities (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 I989 Federal Manual for Identifying and Delineating Wetlands. (3) Landscape Plan. Plan showing reforestation required by Cit./Code Section 540 and landscaping required by City Landscape Policy. Plan must identify location, size, species and quantity of plant materials. (4) Final street plans for requirements established in city Code Section 9.1404. City of Columbia Heights Zoning and Development Ordinance - Section 14 Page 14-6 Park dedication. For any developrne-nt or redevelopment where a subdividision or resubdivis/on of property occurs which creates additional parcels, the resulting contribution shall require either ten (10) percent land dedication for parks, or the cash equivalent of ten (10) percent of the estimate of improvements. The City Council shall determine which measure is most appropriate~ 9.1404 Design Standards. Subdivision 1. The following design standards are to be followed unless the City Council shall permit a v~ce because oftmusual circumstances due to the topography, placement o£buildings or other factors making it reasonable to vary the standards set forth without nulli~ying 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 fhe Comprehensive Plan and £hall be considered in the/r relation to existing and plarmed streets, to topographical conditions, to public convenience and safety, and in their appropriate relation to the SECTION 15: PJ~PEAL OF LAWS IN CONFLICT. Ordinance # 818 of the City Code and prior Zoning Ordinances are hereby r~ealed. All City laws and ordinances in conflict with any pro,vision of this ordinance are hereby repealed to the extent of any conflict. SECTION 16: NO RECOLrRSE 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 o:f 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: March 12, 2001 Second Reading May 29, 2001 Date of Passage May 29, 2001 Offered by: Wyckoff Second by: Szurek Roll Call Williams, aye; Szurek, aye; WYckoff, aye; Nawrock5, nay; Peterson, aye; Motion ca=led. Mayor, Gary L. Peterson Patricia Muscovitz, Deputy City Clerk City of Columbia Heights Zoning and Development Ordinance - Section 14 Page 14-8 COLUMBIA HEIGHTS TOWER SITING ORDINANCE NO. 1424 Table of Contents 1. Purpose ................................................................................................................................ 2 2. Defirfitions ............................................................................................................................ 3 3. Applicability ........................................................................................................................ 6 4. Exempt from City Review ................................................................................................... 7 5. Permitted Locations ............................................................................................................. 7 6~ Existing Towers .......................................................................................... ......................... 8 7. Co-Location Use, Modification and Relocation of Existing Towers .................................. 9 8. Application to Locate Wireless Communic~,tions Facility on Existing Tower ................. 10 9. Wireless Com_mu~Jcations Facilities on Antenna Support Structures ............................... 11 10. Apphcation to Locate Wireless Communications Facility on Antenna Support Structure ............................................. ~ ............................................................... 12 11. Utility Pole-Mounted Wireless Cormmunication Facilities ................................................ 14 12. Application for Utility Pole-Mounted Wireless Communications Facility ....................... 15 13. Construction of New Towers ............................................................................................. 16 a, Conditions of Approval for Wireless Communications Towers .................................. 16 b. Requirements for Separation Between Towers ............................................................ 16 c. Standards for Co-Location ............................................................................................. 17 d. Tower Design and Type ............................................................................................... 18 e. Landscaping Minimum Requirements .......................................................................... 19 f. Visual Impact Standards .............................................................................................. 19 14. Application Process for New' Towers ................................................................................ 21 15. gmmual Registration Requirement ...................................................................................... 24 a. Wireless Communications Facilities ............................................................................ 24 b. Wireless Communications Towers .............................................................................. 24 16. General Requirements ........................................................................................................ 25 a. Duration of Permits ...................................................................................................... 25 b. Assignment and Subleasing ......................................................................................... 25 c. Aesthetics ..................................................................................................................... 25 d. Federal and State Requirements ................................................................................... 26 e~ Licenses or Franchise ................................................................................................... 26 f, Discontinued Use ....................................................................................................... 26 g. Abandoned Tower or Antenna ..................................................................................... 26 h. FCC Emissions Standards ............................................................................................ 27 i. Maintenance ................................................................................................................. 28 j. Emergency .................................................................................................................... 28 k. Equipment Cabinets ..................................................................................................... 29 1, Equipment on Site ........................................................................................................ 29 m, Inspections ................................................................................................................... 29 n, Security ........................................................................................................................ 29 o. Advances in Technology .............................................................................................. 30 17. Review of Applications ....................................................................................................... 30 18. Appeals .............................................................................................................................. 30 19. Revocation ......................................................................................................................... 30 A_N ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COLUMBIA HEIGHTS, MINNESOTA, REGULATING THE ZONING OF WIRELESS COMMUNICATIONS TOWERS AND WIRELESS COMMUNICATIONS FACILIT~S; PROVIDING INTENT AND DEFINITIONS; PRO¥IDING MINIMUM STAND~S FOR LOCATION, VISUAL IMPACT APPROVAL OF WIRELESS COMMUNICATIONS TOWERS; PROVIDING MINIMUM STAND~S FOR THE LOCATION, VISUAL IMPACT AND APPROYAL OF ¥~.~RELESS CO1VE~,IUNICATIONS ANTENNAS AND FACILITIES; PRO¥IDING FOR SH.&RED USE OF V~RELESS COMMUNICATIONS TO11q~RS; PRO¥IDING FOR INSPECTIONS; PROVIDING FOR CONFLICT; PRO~DING FOR SEVERABILITY; PRO¥IDING FOR INCLUSION IN THE CITY CODE; PRO~,~DING FOR AN EFFECTIVE DATE WHEREAS, the City of Columbia Heights, Minnesota (the "City") has received numerous inquiries from wireless communicati°ns service providers for the location and construction of wireless communications towers in the City; and WHEREAS, 47 U.S.C. § 332(c)(7) of the Co~unications Act of 1934, as amended by the Telecommunications Act of 1996, expresslY preserves the zoning authority of local governments relating to wireless communications towers and related facilities; and WHEREAS, the City has a limited number of potential sites that would be acceptable for the installation of wireless communications towers and facilities; and WHEREAS, the citizens of the City have expressed great concern about the location of wireless communications towers and related i~cilities M~ the City, related to preserving the residential character of the commmzity, prornofing the integrity of the City's residential neighborhoods and addressing safety issues; and 11rHEREAS, the limited number of potential wireless commtmications tower and wireless communications antenna sites requires the City to address the needs of competing wireless service providers; and WHEREAS, City staff and the Planning and Zoning Commission have studied and recommended appropriate sith~g policies to permit the Placement of wireless communications towers and related facilities in locations that will balance the interests of public safety, aesthetics, property values and the provision of wireless communications services by the use of such facilities; and WHEREAS, the City Council has determined ~at the current zoning provisions within the City Code are inadequate as they relate to compatibility of wireless comtmunications tower siting with surrounding properties, pmliferati°n of towers and encoura~ng co-location of antennas; and WHEREAS, City staff has drafted amen~ents to the City Code determined to be necessary to protect the aesthetic, health, safety and welfare concerns fbund to exist. NOW, THEREFORE, BE IT ORD)dNED BY Tm CITY COLrNCIL OF THE CITY OF COLU~/iBIA HEIGHTS, MI2'4NESOTA, AS FOLLOWS: Section 1. Section 9.116(16)(a)(ix) of the City Code is hereby repealed. See__..._tion 2. Chapter 9 of the City Code is hereby amended to include a new Section 9.615~ to read as follows: "9.615 Wireless Communications Towers and ~tennas. Purpose. The propose of this Section is to provide a uniform and comprehensive set of standards for the development and installation of wireless communications towers, antennas and related facilities. The regul~ations and requirements contained herein are intended to: (i) regulate the placement, construction and modification of wireless communications towers and related wireless communications facilities in order to protect the health, safety, and welfare of the public and the aesthetic quality of the City; and (ii) encourage managed development of wireless communications infrastructure, while at the same time not unreasonably interfering with the development of the competitive wireless communications marketplace in the City of Columbia Heights. It is intended that the City shall apply these regulations to accomplish the following: Mi~Smize the total number of towers throughout the community through siting standards; b) Encourage the location of towers in non-residential areas and with compatible uses; c) Provide for the appropriate location and development of wireless communications towers, antennas and related facilities YAthin the City, to the extent possible, to minimize potential adverse impaCts on the community; d) Minimize adverse visual impacts of wireless communications towers and related facilities through careful desi~ siting, landscape screening, and innovative camouflaging tec~ques utilizing currenl and future technologies; e) Promote and encourage shared use/co-location of towers and antenna support structures; Maintain and presep~e the existing residential character of the City of Columbia Heights and its neighborhoods and to promote the creation of a convenient, attractive and harmonious cormnunitY; 2 g) h) J) Promote the public sat%ty and avoid the risk of damage to adjacent properties by ensuring that wireless connnuniCations towers and related wkeless communications facilities are properly designed, constructed, modified, maintained and removed; Ensure that wireless commurdcaIions towers and related wireless communications facilities are compatible with surrounding land uses; Encourage the use of alternative s-Kppo~ structures, co-location of new antennas on existing w4reless communications towers, camouflaged towers, and construction of towers with the ability' to locate three or more providers; Maintain and ensure that a non-discriminatory, competitive and broad range of wireless communications sen, ices and high quality wireless commup, ications infrastructure consistent with federal law are provided to serve the community; and k) Ensure that wkeless comm~icatiOns facilities comply with radio frequency emissions standards as promulgated bY the Federal Communications Com2rfission. This Section is not intended to regulate satellite diShes, satellite earth station antennas, residential television antennas in private use~ muttichannel rnultipoint distribution sen, ice antennas, or amateur radio antennas. Definitions. For the purposes of this Section the following terms and phrases shall have the meankng ascribed to them herein: Accessory Structure means a structure or portion of a structure subordinate to and ser~Sng the principal structure on the same lot. Accessory lJse shall have the me~g set forth in the Land Use and Development Ordinance. A~terma means a device fabricated of fiberglass, metat or other material designed for use in transmitting and~or receiving communications signals and usually attached to a wireless communications tower or antenna support structure. Antenna Support Structure means any building or structure, excluding towers, used or useable for one or more wireless comm'tm/cations facilities. Buffer or Buffering means a natural or landscaped area or screerfing device intended to separate and/or partially obStruct the -~4ew of adjacent land uses or properties from one another so as to leSSen the impact and adverse relationship between dissimilar, unrelated or incompatible land uses. 3 City means the City of Columbia Heights, Minnesota, and any and all departments, agencies and divisions thereof. City Code means the Colmmbia Heights City Code, as amended from time to time. City Counei! or Council means the Columbia Heights City Council or its designee. City Manager means the CRy Manager of the City of Columbia Heights, Minnesota or the C~ty Manager s desire . Co-location means the use of a single wireless communications tower, antenna support structure and/or site by more than one provider~ Conditional Use means those uses that are generally compatible w/th other uses permitted in a zoning district, but that require individual review of their location, design, configuration, intensity and struct~xes, and may require the imposition of conditions pertinent thereto in order to ensure the appropriateness of the use at a particular location. This definition shall only apply to this specific Section and shall not apply to other Sections or provisions of the Land Use and Development Ordinance. Conditional Use Permit means a permit specially mad individually granted by the Council after a pubhc hearing thereon by the Pla~ming Commission for any conditional use so permitted in any zoning district. In approving a conditional use permit~ the Council may impose reasonable conditions to accomplish 'the objectives of this Section wit3h respeCt to use, screening, lighting, hours of operationl noise control, maintenance, operation or other requirements. Equipment Cabinet or Shelter means a structure located near a wireless communications facility that contains electronics, back-up power generators and/or other on-site supporting equipment necessary for the operation of the facility. Existing Tower means any tower d as an existing tower by subsection 6 of this Section for which a permit been properly issued prior to the effective date of Us Ordinance, including permitted towers that have not yet been constructed so long as such approval is current and not expired. After the effective date of this Ordinance, any tower approved and consmtcted pursuant to the provisions of this Section shali thereafter be treated as an existing tower for pm~poses of re~m.dation pursuant to this Ordinance and the Land Use and Development Ordinance. 4 Guyed Tower means a wireless con~an~cations tower that is supported, in whole or in part, by guy wkes and ~o~nd anchors or other means of support besides the superstructure of the 'tower itself. Land Use and Development Ordinance means Chapter 9 of the Columbia Heights Code~ as it may be amended from time to time. Microwave Dish Antenna means a disbMike antenna used to transmit and/or receive wireless communications sisals be~:een terminal locations. Monopole Tower means a wireless communications tower consisting of a s/ngle pole or spire supported bY a permanent foUndation, constructed without guy wires and ground anChors. Non-Conformity shall have the mear~5ng ~ven in Minn. Stat. § 394.22, Subd. 8, or successor statutes, and shall be governed by the provisions of the Land Use and Development Ordinance (Non-Confo~fies). Ordinance means this Ord/nance No. j424~ Panel Antenna means an array of antennas designed to direct, transmit or receive radio signals from a particular d/reCtiOn. Pico Cell means a low-power cell whose coverage area extends 300 to 500 yards. Planning Commission means the Columbia Heights Plarming and Zoning Commission. Provider (when used with reference to a system) means a person or entity that pro~Sdes wireless commurfications service over a wireless communications facility, whether or not the provider o~ms the facility. A person that leases a portion of a w/reless comanurfications facility shall be treated as a provider for purposes of th/s Section. Satellite Dish means an antenna de¼ce incorporating a reflective surface that is sohd, open mesh, or bar con_figured that is shallow dish, cone, horn, or cornucopia-shaped and is used to transmit and/or receive electromagnetic signals. This definition is meant to include, but is not limited to, what are commonly referred to as satellite earth stations, TyrROs and satellite microwave antermas~ Self-snpport/Lattiee Tower means a toWer structure requiring no guy wires for support. Stealth or Camouflaged Tower~ Equipment Cabinet or Facility means any wireless communications tower, equipment Cabinet or facility designed to h/de, obscure or conceal the presence of the tOwer, antenna, equipment cabinet or other related facility. The stealth teclmnotogy used must incorporate the wireless communications tower, equipment c~inet and facility into and be compatible with the existing or proposed ~ses of the site~ Examples of stealth fhcitities include, but are not limited to: architect~J~rally screened roof-mounted aritermas, antennas integrated into architectural elements, and wireless communications towers designed to look like light poles, power poles, trees, flag poles, clocks, steeples or bell towers. Utility Pole-Mounted Facility means a wireless communications facihty attached, without regard to mounting, to or upon an electric transrnission or distribution pole, street hght, traffic hgnal~ athletic field light, utility support structure or other similar facihty located within a public right-of-way or utility ea~sement approved by the Planning Commission. The i~acility shall include any associated equipment shelters regardless of where they are located with respect to the mount. Whip Antenna means an o~mi-directional antenna used to transmit and/or receive radio signals. Wireless CommunicatiOns Faci~' means a facility that is used to provide one or more wireless comm~.mJcafions serVices, including, without limitation, arrays, antennas and associated facilities 'used to transmit and/or receive wireless communications signals. This term does not include wireless communications towers, over-the-air reception devices that deliver or receive broadcast signals, satellite dishes regulated by 47 C.F;R. § 25.104~ devices that proVide dkect-to- home satellite services ("DBS') or devices that provide multichaunet multi-point distribution services ("MMDS') as defined and regulated by 47 C.F.R. § 1.4000~ as amended. Wireless Communications Services me~s those services specified in 47 U.S.C. § § 332(c)(7)(C) arid 332(d)(1)-(2)~ and any amendments thereto. Wireless Communications Tower means a guyed, monopole or seltL support/lattice tower~ or extension theretO, constructed as a freestanding structure~ supporting one or more wireless corm-nunications facilities used in the provision of wireless communications services. Zoning Administrator means the person appointed by the City Manager as provided in the Land Use and Development Ordinance. ApplicabiliEv. The requirements of this Section apply to the extent provided herein to all new, existing, replacement, re-located or expanded and/or modified wireless commm~cations towers and wireless commutations facilities. The requirements of this Section apply throughout the City. It is the express intent of the City to impose, to the extent permitted by applicable law, all req~rements of tkis Section to all land within the 6 4) City, 'whether publicly or privately held, incIuding, without timitation, private property, City property, church property~ utility property and school property. Non-Essential Services. Wireless communications towers and wireless communications facilities will be re~lated and permitted pursuant to this Section and not regulated or permitted as essential services~ public ut/I/ties or private utilities. b) Attempt to Locate on Existing Tower or Antenna Support Structure. Ever;,, owner/operator seekJ2g to locate a wireless commtm2cations facility within the City must attempt to locate on an existing wireless communications tower or antenna support structure as requiredby subsections 7 through 8 of this Section. Exempt from City Review. The following activities shall be permitted without City approvals: a) Amateur Radio - the installation of any antenna and its supporting tower, pole or mast to the extent CiD' regulation is preempted by state or federal law'. b) Residential Television Antennas- the installation of residential television antennas in private use to the extent preempted by state and federal law. c) Satellite Dishes - the installation of satellite dishes to the extent preempted by state or federal law. d) Mobile News-the use of mobile services equipment providing public information coverage of news events of a temporary or emergency nature. Permitted Locations. The following applies to alt wireless communications towers, including re-located or expanded and/or modified:towers, but not to existing towers: Wh*eless communications towers less than 120 feet in height shall be a permitted use in the I-1 and I-2 zoning districts. b) Wireless communications towers greater than or equal to 120 feet in height shall be a conditional use in the I-1 and I-2 zoning districts. c) Wireless commtmications towers less than 80 feet in height shall be a permitted use in the CBD and GB zoning districts. Wireless communications towers greater than or equal to 80 feet in height shall be a conditional use in the CBD and GB zoning districts. e) Wireless communications towers less than 80 feet in height shall only be allowed as a conditional use in the R-l, R-2, R-3, R-4 and LB zoning districts. 7 g) Wireless commurJcations towers greater than or equal to 80 feet in height shall not be a permitted use in the R-l, R-2, R-3~ R-4 and LB zoning districts. Except where superseded by the requirements of county, state or federal regulatory agencies possessing jm4s~ction over wireless connnunicafions towers, equipment cabinets and wireless communications facilities, such towers, equipment cabinets an_d facilities shall be stealth towers, stealth equipment cabinets and stealth facilities cmmoufiaged to blend into the surrounding enviromnent using stealth technology in a manner pre-approved by the City on a case-by-case basis. Utility pole-mounted facilities shall be permitted as accessory uses in all zoning distr/cts. Applications for such facilities shall be subject to the conditions set forth in this Section. Existing Towers. Except where otherwise noted, exiSting towers shall not be rendered non- conforming uses by this Section. The City encourages the use of these existing towers I%r purposes of co-locating additional wireless commmfications facilities. Any and all towers erected and in we or approved on or before the effective date of t-his Ordinance shall be treated as existing towers. These towers shall be considered conform~g uses with respect to this Section and the City shall allow co-location on these towers subject to the requirements of subsection 7 of th~s Section so long as the providers utilize the most ,~4sualty unObtrusive equipment that is tec?mologically feasible. b) Owners of existing towers shall be required to comply with the requirements and procedures set forth in subections 13and 14 ("Construction of New Towers" and "Application Process for New Towers") to replace an existing tower. c) Owxaers of existing towers shall be mqu/red to comply with the applicable requirements and procedures set fo~h in subsections 6, 7, 8 and 13 ("Existing Towers," "Co-location Use, ModiScation and Relocation of Existing Towers," "Apphcation to Locate Wireless Commun/cations Facility on Ex/sting Tower," and "Construction of New Towers')to modify or relocate an existing tower or to co-locate a wireless communications facility on an existing tower. Increases in height of an existing wireless communications tower, modification of an existing wireless comm~.mJcations tower or conversion of an existing wireless communications tower to a stealth or ca~nouflage structure shall be treated as a new tower and subject to all the applicable requirements ofth/s Section. e) Owmers of existing w/reless cormnmnJcations towers shall be required to cornply with the requirements set forth in subsection 15 ("Annual Re~stration') and subsection 16 ("General Requirements"). 8 7) Co=Location Use, Modification and Relocation of Existing Towers. Any owner of an existing tower or antenna support s~_~cture containing additional capacity suitable for installation or co-location of w~reless communications fac/l/ties shall permit providers to install or co-locate said facilities on such towers or antenna support structures; provided that no existing tower or antenna support structure shall be used to support wireless communications facilities for more than three separate providers. Any co4ocation of wireless communications facilities shall be subject to mutually agreeable terms and conditions negotiated between the parties. b) Any existing tower may be modified or relocated to accommodate co-location of additional wireless communications facilities as follows: (i) An application for a wireless commu_~_ications permit to modify or relocate a wireless communications tower shall be made to the Zoning Administrator. The apphcation shall contain the information required by subsection 14(b)-¢) oftNs Sect/om The Zoning Administrator shall have the authority to issue a wireless communications permit without ~qarther approval by the Council or Ye Pl~ng Commission, except as provided h~ this Section. Any denial of an application for a wireless comm~.mications permit to modi~ or relocate a wireless communications tower for purposes of co-location shall be made in accordance w/th subsection 14(e) ofth/s Section. (ii) The total height of the modified tower and wireless communications facilities attached thereto sh~l not exceed the maximum height allowed for a permitted wireless com~munications tower in the zoning district in which the tower is located, unless a conditional use permit is granted by the City. (iii) Permission to exceed the existing height shall not require an additional distance separation from desi~ated areas as set forth in this Section. The tower's pre-modification height shall be used to calculate such distance separations. (iv) A tower which is beLng rebuilt to accommodate the co-location of additional wireless communications facilities may be moved on the same parcel subject to compliance with the requirements of fhis Section. (v) A tower that is relocated on the same parcel shall continue to be measured from the original tower location for the propose of calculating the separation distances between towers as provided herein. 9 8) Application to Locate Wireless Communications Facility on Existing Tower. a) An application for a wireless communications permit to locate or re4ocate a wireless communications facility onan existing tower must be submitted to the Zorfing Adrrfinistrator on the designated form and shall, at a minim~um, contain the following: (i) Name, address and telephone number of the applicant; (ii) Location of the existing tower, along with the tower owner's name and telephone number; (iii) Number of applicant's wireless communications facilities to be located on the subject tower; (iv) A swom and certified statement in w~ting by a qualified engineer that the wireless communications facility will conform to any and all other construction standards set forth by the City Code, and federal and state law; (v) An application fee in the amount set by the Council for each wireless communications facility listed on the application; A copy of all licenses and/or franchises required by federal, state or local law for the construction an&'or operation of a wireless communications system in the City; (vii) A scaled site plan clearly indicating the location, type and height of the proposed wireless communications facility, on-site land uses and zoning, elevation and stealth design drawings of the proposed wireless communications facility and the supporting tower, topography, and any other information deerned by the City to be necessary to a~ssess compliance with this Ordinance and the Land Use and Development Ordinance; (viii) (ix) An inventory of the apphcant's existing towers and wireless communications facilities, if any, that are either within the jurisdiction of the City or within one mile of the City limits, including specific infbrmation about the location, height, and design of each wireless communications facility or tower; A certification that the applicant will comply with all applicable federal, state or local taws including all the provisions of the Land Use and Development Ordinance; arid 10 (x) A certification that the site described in the application is located on an existing tower and the owner/operator agrees to the co-location of the subject wireless communications facility. b) An application for a wireless co~unicafions permit to locate or re-locate a wireless communications facilky that proposes to co-locate said facility on an existing tower and that satisfies the requirements set forth in this Section, shall receive expedited treatment in the review process. c) So as to lamber expedite the pemaitting process and to promote the efficient use of existing sites, the City encourages the users of existing towers to subm/t a single application for approval of multiple-users on a single existing site. Applications for approval at multiple user skes sb~l be given priority in the review process. The fee to be submitted with a multiple user application shall be the fee specified in this subsection multiplied by the nmaber of users listed in such application. A petitioner shall subm/t any additional information requested by the City for purposes of evaluating the permit request. e) In granting or den:yS~g a wireless communications permit to locate or re-locate a w/reless communications facility on ~ existing tower, the Zoning Admirfistrator shall prepare a written record of decision includ/ng findings of fact. 9) Wireless Communications Facilities on Antenna Support Structures~ All wireless communications facilities to be located on anteuna support structures shall be subject to the following m/rfimurn standards: (i) Wireless communications facilities shall only be permitted on buildings 10) (i) Unless a conditional use permit is obtained from the City, whip antennas and their supports must not exceed 25' in height and 12" in diameter and must be constructed of a material or color which matches the exterior of the antenna support sm~cture. (ii) Unless a conditional use permff is obtained from the City, panel antennas and their supports must not exceed 8' in height or 2~5' in width and must be constructed of a material or color which matches the exterior of the building or structure, so as to achieve maximmm compatibility and minimum visibility. (iii) Unless a conditional use permit is obtained from the City, microwave dish antennas located below sixty~five (65) feet above the ground may not exceed six (6) feet in diameter. Microwave dish antennas located sixty- five (65) feet and higher above the grog_md may' not exceed eight (8) feet in diameter. c) Notwithstanding anything to the contrary, wireless commaunications facilities and related equipment shall not be ~stalIed on antenna support structures in residential zoning districts, unless a conditional use permit is obtained from the City. d) Wireless communications facilities located on antenna support structures, and their related equipment cabinets, shall be located or screened to minimize the visual impact of such facilities and equipment cabinets upon adjacent properties. Any such screening shall be of a mat~al and color that matches the exterior of the building or structure upon which it is situated. Wireless communications facilities and related equipment cabinets shall be of a stealth design, and shall have an exterior finish and/or design as approved by the City. Application to Locate Wireless Communications Facility on A_utenna Support Structure. An application for a wireless commmnications permit to locate or re-locate a wireless communications facility on ~ antenna support structure must be submitted to the Zoning Administrator on the designated form and shall, at a minimum, contain the following: (i) Name, address and telephone number of the applicant; (ii) Location of the antenna support stmct~=e, along with the property owner's name and telephone number; (iii) Number of applicant's wireless communications fhcilities to be located on the subject property; 12 (iv) A sworn and certified statement in writing by a qualified engineer that the w~reless corrkmunications facility Mll conform to any and all requirements and standards set forth in the City Code, and federal and state law; (v) An application fee in an mount set by the Council for each wireless comxnunications facility listed on the application; (vi) A copy of all licenses and/or franch/ses required by federal, state or local law for the construction and/or operation of a wireless communications system in the City; (vii) A scaled site plan clearly indicating the location, type and height of the proposed wireless commutations facility, on-site land uses and zorfing, elevation and stealth desigm drawings of the proposed wireless commurfications facility and the rooftop and building, topography, a current survey~ landscape plans, and any other information deemed by the C/ty to be necessary to assess compliance with this Ordinance and the Land Use and Development Ordinance; (viii) An inventory of the appIicant's existing towers and wireless communications facil/ties, iffy, that are either within the jurisdiction of the City or within one mile of the City limits, including specific information £bout the location, height, and design of each wireless communications facility or tower; (ix) A certification that the applicant will comply with all apphcable federal, state or local laws including all the provisions of this Ordinance and the Land Use and Development Ordinance; and (x) A certification that the site described in the application is located on an existing antenna support structure and the owner/operator agrees to the location or co-location of the subject wireless communications facility. b) An application for a wireless commurfications permit to locate or re-locate a wireless communications facility that proposes to co-locate said facility on an antenna support structure and that satisfies the requkements set forth in this Section, shall receive expedited treatment in the review process. c) So as to further expedke the permitting process and to promote the efficient use of existing sites, the City encourages the users of antenna support structures to submit a single application for approval of multiple users on a single existing site. Apphcations for approval at multiple user skes shall be given priority in the review process. The fee to be submitted with a multiple user application shall be the fee described in this Section multiphed by the number of users listed in such application. 13 d) e) Utility a) b) c) d) e) An applicant must submit a proposed stealth design for camouflaging its wireless communications facility, unless this requirement is preempted by the operation of applicable laws or regulations. A petitioner shall submit any additional information requested by the City for purposes of evaluating the permit request. In granting or denying a wireless co~unications permit to locate or re-locate a wireless communications facility on an antenna support structure, the Zoning Administrator shall prepare a written record of decision including findings of fact. Pole-Mounted Wireless CommuniCations Facilities. Utility pole-mounted wireless conzmmnications facilities may be permitted as accessory uses in all zoning districts if the pro'~Sder uses p/co cell equipment~ Such facilities shall only be permitted ~ public rights-of-way that are at least 100 feet in width. To the greatest praCtical extent, utility pole-mounted wireless communications facilities shall be sited where they are concealed from public view by other objects such as trees or buildLngs. When it is necessary to site such a facility in public view, to the greatest practical extent it shall be designed to limit visual impact on surrounding land uses, which design must be approved by the City. The height of a utility pole-mounted fac~tity shall not exceed two (2) feet above the pole sm~cture. Equipment cabinets associated with utility pole-mounted wireless comxmmicafions facilitieS Which me located within the public right-of-way shall be of a scale and design that make them no more visually obm~sive than other types of utility equipment boxes noma~Y located within the right-of-way and shall be located in a manner and location approved by the City. To the greatest practical extent, equipment cabinets associated with utility pole-mounted facilities which are located outside of the Public fight-of-way shall be concealed from public view or shall be archkect~ally designed using stealth technology or buffered to be compatible with surromding land uses, except that such shelters located in residential zoning districts mUs~ be screened from the view of residents and pedestrians. Equipment cabinets associated with utility pole-mounted wireless communications facilities which are located outside the public fight-of-way shall meet the setback requirements for accessory buildings and structures for the zoning district in which the equipment cabinet is located. Generators associated with equipment shelters must meet with the requirements of the City Code. 12) Application for Utility Pole-Mounted Wireless Communications Facility. Am application for a wireless communications permit to locate or reqocate a utility pole-mounted wireless comxnunications facility must be submitted to the Zoning Administrator on the designated form and shall, at a minimum, contain the following: (i) Name, address and telephone number of the applicant; (ii) Location of the utility pole-mount, along with the property owner's name and telephone number; (iii) Number of applicant's wireless communications facilities to be located on the subject property; (iv) A sworn and certified statement in writing by a qualified engineer that the wireless communications facility will conform to any and all requirements and standards set forth in the City- Code, and federal and state law; (v) An application fee in the amount set by the Council for each wireless communications facility liste~on the application; (vi) A copy of all licenses and/or francNses required by federal, state or local taw for the construction and/or operation of a wireless communications system in the City; (vii) A scaled site plan clearly indicating the location, type and height of the proposed wireless communicatior~s facility, on-site land uses and zoning, elevation and stealth design drawings of the proposed wireless communications facility and utility pole-mount, topography, a current survey, landscape plans, and any other information deemed by the City to be necessary to assess compliance with this Ordinance and the Land Use and Development Ordinance; (viii) An inventory of the applicant's existing towers and v, dreless communications facilities, if any, that are either within the jurisdiction of the City or within one mile of the City limits, including specific information about the location, height, and design of each wireless communications facility or tower; (ix) A certification that the applicant will comply with all applicable federal, state or local laws including all the provisions of this Ordinance and the Land Use and Development Ordinance; and 15 (x) A certification that the site described in the application is located on a utility pole-mount and the owner/operator agrees to the location of the wireless communications facility. b) )m application for a wkeless communications permit to locate or re-locate a wireless communications facility that proposes to co-locate said facility on an akeady existing utility pole-mount and that satisfies the requirements set forth in this Section, shall receive expedited treatment in the review process. c) A petitioner shall submit any additional information requested by the City fbr purposes of evaluating the permit request. d) In granting or den54ng a wireless cormm~cations permit to locate or re-locate a utility pole-mounted wireless c OhS facility, the Zoning Administrator shall prepare a written record of decision including fmdings of fact. Construction of New Towers. (a) Conditions of Approval for Wireless Communications Towers. (i) Setback. The distance between the base of any proposed wireless communications tower, measuxed from the center of a tower, and the nearest lot line shall be at least equal to the height of the tower, provided that this distance may be reduced to a specified mount if an applicant provides a certification from the tower manufacturer or a qualified engineer stating that the tower is designed and constructed in such a way as to crumple, bend, collapse or otherwise fall within the specified distance. In no event shall the distance between the base of a proposed wireless communications tower, meas~ed from the center of the tower, and the nearest lot line be less than twenty (20) percent of the tower height. (ii) Structural requirements. All wireless communications tower designs must be certified by a qualified en~neer spec/al/zing in tower structures and licensed to practice in the State of Minnesota. The certification must state ~ ~ d the tower design is s~ct-ur~15 sound an , at a minimum, in conformance with the City's Building Code, the State Building Code, and any other standards outlined in the Land Use and Development Ordinance, as amended from time to time. (iii) Heig~3. The heist of permitted wireless communications towers shall be as specified in subsection 5 of this Section. 16 b) Requirements for Separation Between Towers. c) Except for wireless corrtrrmnications facilities located on roof-tops or utility pole-mounted facilifies~ the minimum wireless communications tower separation distance shall be calculated and applied irrespective of jurisdictional boundaries. (ii) Measurement of wireless commuriications tower separation distances for the propose of compliance with this Section shall be measured from the base of a wireless communications tower to the base of the existing or approved wireless communications tower. (iii) Proposed towers must meet the following minimum separation requirements from existing towers or towers previously approved but not yet constructed at the time a development permit is granted pursuant to this Section: MINIMUM TOUR SEPAILATION DISTANCE Height of Existing Tower Less than 50' Height of Proposed Tower Less than 50' 50'-100' 101 u150' 151 151 '-200~ 50'-100' Less f~an 50' " 50'-100' ,, I01,_150~ " 151'-200' 50'-100' t01'-150' ..... O0· Less than 50' '-150' '-200' Minimum Separation I00~ 200' 400' 800' 100' 400' 600' 800' 100' 400' 600' 800' 100' 600' 800~ 1000' For the purpose of this subsection~ the separation distances shall be measured by drawing or fbllowing a straight line between the center of the base of the existing or approved structure and the center of the proposed base, pursuant to a site plan of the proposed wireless commu_nicatkms tower. Standards for Co4oeatiom This subsection is desitDaed to foster shared use of wireless communications towers. (i) Construction of Excess ~ . Any owner of a wireless communications tower Shall Permk other providers to install or co-locate antennae or wireless communications facilities on such towers, if available 17 d) space and structural capacity exists; provided, however, that no wireless commmnications tower shai1 be used to support wireless commtmications fac/lit/es for more than three separate providers. Any co-location of wireless commun/cations facilities shall be subject to mutually ageeable terms and conditions negotiated between the parties. All new wireless communications towers shall be constructed with excess capacity for location as follows: (ii) (iii) (iv) (v) Tower Less than 80 feet in height One additional user 80 feet to 119 feet in height Two or more additional users (up to a maximum of three users) 120 feet in height or greater Three additional users Notwithstanding anything to the contrary, all new monopole towers over 80 feet in height and existing monopole towers that are extended to a height over 80 feet shall be designed and built to accommodate at least two providers, and up to a maximum of three providers if technically possible. Notwithstanding anything to the contrary, all new guyed towers, and existing guyed towers that are replaced or modified shall be designed and built to accommodate three providers. Site area. The site or leased footprint shall contain sufficient square footage to accommodate the equipment/mechanical facilities for all proposed providers based upon the structural capacity of the tower. Setbacks. If it is determined that a proposed wireless communications tower cannot meet setback requkements due to increases in tower height to accommodate the co-location of at least one additional wff'eless communications service pro,v4der, minimum setback requirements may be reduced by a maximum of fifteen (15) feet, unless such a reduction would decrease the distance bet-~veen the base of the tower and the nearest lot line to less than twenty (20) percent of the tower height, in which case set-back requirements may be reduced to a distance that is equal to or greater than twenty (20) percent of the tower height. Design and Ty~e. (i) All proposed wSreless commutations towers shall be monopole towers or stealth towers, Self-sUpPortNg towers or guyed lattice towers shall only be permitted as a replacement of like structn, n'es. (ii) Utility pole-mounted faCilkies or extensions on utility poles to accommodate the mounting of wireless communications facilities shall be of the monopole type. 18 (iii) Anteunas shall be of the ~cell variety whenever feasible or mounted internal to the wireless commmnicafions tower structure. (iv) Stealth wireless commurfications towers, equipment cabinets and related facilities shall be required in all zoning districts. e) Landscaping Minimum Requirements. Wireless communications towers shall be landscaped with a buffer of plant materials that effectively screens the view of the tower compound from surrounding property. The standard buffer shall consist of a landscaped strip at least ten (t0) feet wide outside the perin:teter of the compmmd. Existing mature growth and natural land forrns on the site shall be preserved to the maximum extent possible. In some cases, such as wireless communications towers sited on large, wooded lots, natural growth around the property perimeter may be a sufficient buffer. All areas disturbed during project construction shall be replanted with vegetation. The owner of a wireless communications tower is responsible for all landscaping obligations and costs. A landscaping plan for the p~ose of screening the base of the tower from view shall be submitted to the:Zoning Administrator for approval prior to the issuance of a building permit for the tower: The City may waive the enforcement of this condition if it is deemed unnecessary. Visual Impact Standards. To ~sess the compatibility with and impact on adjacent properties of a proposed wireless communications tower site, an applicant seeking to consmtct~ relocate or modify a wireless communications tower may be required to sub~t a ¼sual impact analysis. The requirements of this subsection shall be required for any application to construct a tower greater than 80 feet in height. The applicam may request a review of a proposed wireless communications tower location, prior to submission of an application, to determine whether or not a visual impact analysis will be required. The applicant shall be advised of the requirement to submit a visual impact analysis by the CiD' within ten (I0) working days following the City's receipt of the applicant's application for construction of a new w:n'eless communication tower or the relocation or modification of an existing tower. Whenever a visual impact is required, an applicant shall utilize digital imaging technology to prepare the analysis in a manner acceptable to the City. At a minimum, a visual impact analysis must provide the following information: The location of the proposed wireless communications tower illustrated upon an aerial photograph at a scale of not more than one inch equals 300 feet(I" = 300'). All adjacent zoning districts within a 3,000 foot radius from all property lines of the proposed wireless communications tower site shall be indicated; and 19 (ii) (iii) A line of site analysis which shall include the following information: certification that the proposed wireless communications tower meets or exceeds standards contained in this Section; identification of all significant existing natural and manmade features adjacent to the proposed wireless communications tower site and identification of features which may pmVide buffering and screening for adjacent properties and public rights-of-way; identification of at !east three specific points 'within a 2,000 foot radius of the proposed wireless communications tower location, subject to approval by the Zoning Administrator, for conducting the '~4sual impact analysis; copies of all calculations and a description of the methodology used in selecting the points of view and collection of data submitted in the analysis; o graphic illustration of the -visual impact of the proposed wireless comm~mications tower, at a scale that does not exceed 5 deg~reeS of horizontal distance, presented from the specific identified points; identification of all screening and buffering materials under the permanent control of the applicant (only screening and buffering materials located within the boundaries of the proposed site shall be considered for the visual impact analysis); and identification o£ all screening and buffeting materials that are not ~.mder the permanent control of the applicant but are considered ora permanent nature due to owmership or use pattems~ such as a public park, vegetation preserve, requ/red development buffer, etc. Screening and buffeting materials considered in the visual impact analysis shall not be removed by f~tture development on the site. However, screening Md buffeting materials considered in the visual impact analysis shall be replaced if they die. An applicant shall provide any additional information that may be required by the Zoning AdminiStrator t° fully review and evaluate the potential impact of the proposed wireless Communications tower. 2O 14) Applicatfon Process for New Towers. a) The use of existing structures to locate wireless communications facilities shall be preferred to the construction of new wireless communications towers. To be eligible to construct a new wireless communications tower within City limits, an appl/cant must establish to the satisfaction of the City that the applicant is unable to provide the service sought by the applicant from available sites, including locations within the City and in neighboring jurisdictions; and the applicant must demonstrate to the reasonable satisfaction of the City that no other suitable existing tower or antenna support struct, are is available, including utility poles; and that no reasonable alternative technology exists that can accommodate the applicant's wireless communications facility- due to one or more of the I%llowing factors: b) c) (i) The stmc~e provides insufficient height to allow the applicant's facility to function reasonably in parity with similar facilities; (ii) The structure provides insufficient structural strength to support the applicant's wireless communications facility; (iii) The structure provides insufficient space to allow the applicant's wireless communications facility to f~nction effectively and reasonably in parity with similar equipment; (iv) Use of the existing structure would result in electromagnetic interference that cannot reasonably be corrected; (v) The existing structure is unavailable for lease under a reasonable leasing agreement; (vi) Use of the structure would create a greater visual impact on surrounding land uses than the proposed alternative or otherwise would be less in keeping with the goals, objectives, intent, preferences, purposes, criteria or standards of this Ordinance, the Land Use and Development Ordinance and land development regulations; and/or (vii) Other limiting factors. An applicant must submit any technical information requested by the City or its designated engineering consultm~t as part of the review' and evaluation process. An application for a wireless communications permit to construct a wireless communications tower must be submitted to the Zoning Administrator on the designated form and shall contain, at a minimum, the following information: 21 (i) Name, address and telephone number of the applicant; (ii) Proposed location of the wireless communications tower, along with all studies, maps and other information required by subsections 13 and 14 of this Section (applicant shall submit information for only one proposed tower per application); (iii) Number of applicant's wireless communications facilities to be located on the subject tower and the number of spaces available for co-location; (iv) A sworn and certified statement in writing by a qualified engineer that the wireless communications tows Mll cont%rm to all requirements set forth in t&e City Code, and federal and state law; (v) An application fee in the amount set by the Council; (vi) A copy of all licenses and/or f~anchises required by federal, state or local law for the construction and/or operation of a wireless commurlications system in the City; (vii) A scaled site plan clearly indicating the location, type and height of the proposed wireless communications tower, on-site land uses and zoning, elevation and stealth desigr~ drawings of the proposed tower, topography, and any other infommtion deemed by the Zoning Administrator to be necessary to assess compliance with this Ordinance and the Land Use and Development Ordinance; (viii) An inventory of the apPlicant's existing towers and wireless communications facilities, if any, that are either within the jurisdiction of the City or within one mile of the City limits, including specific ir~formafion about the location, height, and design of each wireless communications facility or tower; (ix) The narnes, addresses and telephone numbers of all owmers of existing towers or antenna support structures within an area equal to one hundred percent (100%) of the search ring for the wireless communications facility proposed to be located on the proposed new tower; (x) W~tten documentation in the fbrm of an affidavit that the applicant made diligent, but unsuccessful efforts for permission to install or co-locate the proposed wireless corm~nu~cations facility on all existing towers or antenna support structures located within an area equal to one hundred percent (100%) of the search ring for the proposed site of the wireless communications facility; 22 d) e) (xi) WMtten, technical evidence from a qualified engineer that the proposed wireless communications facility cazmot be installed or co-located on an existing tower or antenna suppo~ structure located within the City and must be located at the proposed site in order to meet the coverage requirements of the proposed wireless communications service, together ~vith a composite propagation study wh/ch illustrates graphically existing and proposed coverage in industry-accepted median received signal ranges; (xii) A written statement from a qualified engineer that the construction and placement of the )proposed wireless communications tower will comply with Federal Communications Commission radiation standards for interference and safety and Mll produce no significant signal interference with public safety communications and the usual and customary transmission or reception of radio, television, or other communications services enjoyed by adjacent residential and non-residential properties; and (xiii) A certification that the applicant will comply with all applicable federal, state or local laws including all the provisions of this Ordinance and the Land Use and Development Ordinance~ A proposed wireless communications rower that exceeds the height limitations for a permitted tower in the GB, CBD, I~1 or I-2 zoning districts, or any proposed wireless communications tower under eighty (80) feet in the R-l, R-2, R-3, R-4, or LB districts~ shall only be allowed upon approval of a conditional use permit. The City Council may estabhsh any reasonable conditions for 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 and the Land Use and Development Ordinance. Such a conditional use permit shall be required in addition to a wireless communications permiL In granting or denying a wireless comanunications permit to construct a wireless communications tower, the Zoning Administrator shall prepare a written record of decision including findings of fact. Proposed wireless communication towers that meet the standards and requirements contained herein, including location and height hmitations, may ~be approved administratively by the Zoning Administrator. Proposed wireless communication towers 'that do not meet the standards and requirements contained herein, including location and height limitations, may be denied administratively by the Zoning Administrator, provided that the written record of decision including findings of fact is accepted by the Comncil. 23 15) Annual Registration Requirement. Wireless Communications Facilities. To enable the City to keep accurate, to-date records of the location of wireless communications facihfies within City limits, on an armual basis, no later than February 1 of each year, or upon change in ownersh/p of wireless communications facilities, the owner/operator of such facilities shall submit docuJnentation to the Zoning Administrator providing: (i) Certification in writing that the wireless communications facility conforms to the requirements, in effect at the t/me of construction of the facility, of the State Building Code and all other requ/rements and standards set forth in the City Code, and federal and state law by filing a sworn and certified statement by a qualified engineer to that effect. A wireless communications facility o erator may be requ/red by the City to submit more frequent certification should there be mason to believe that the strucraral and/or elect~cal integrity of the wireless communications facility is jeopardized. The GW reserves the right upon reasonable notice to the owner/operator of the wireless communications facility to conduct inspections for the p~oSe of determining whether the wireless communications facility comphes with the State Building Code and alt requirements and standards set ~%rth in local, state or federal laws; and (ii) The name, address and telephone number of any new owner, if there h~s been a change of ownerskip of the wireless communications facilky. Annual payment of a registration fee, as set by the Council, for each wireless communications facility located Mth~n City shall be submitted to the City at the time of submission of the documentation required above. b) Wireless Communications Towers~ To enable the City to keep accurate, date records of the location and continued use of wireless communications towers within City limits, on ma armual basis, no later than February I of each year, or upon change in ownership of a wireless communications tower, the owner/operator of each tower shall submit documentation to the Zoning Administrator providing: (i) Certification in wasting that the wireless communications tower is stmctarally sound and Confoms to ~e requirements, in effect at the time of construction of the tower, of the State Building Code and all applicable standards and requirements scl forth in the City Code, and federal and state taw, by filing a sworn and certified statement by a qualified engineer to that effect. The tower owner may be required by City m submit more frequent certifications should:there be reason to believe that the structural and/or electrical inte~ty o£the tower is jeopardized; 24 (ii) The number of providers locaed on the tower and their names, addresses and telephone numbers; (iii) The type and use of any wireless communications facilities located on the tower; and (iv) The name, address and telephone number of any new owner of the tower, if there has been a change of o~mersbJp of the tower. An amnual palyauent of a registration fee, as set by the Council, for each tower located within the City shall be submitted to the City at the time of submission of the documentation required above. General Requirements. The following conditio~ apply to all wireless communications towers and wireless commu~cations facilities in the City: Duration of Permits. If substantial construction or installation has not taken place within one year after City approval of a wireless communications permit, the approval shall be considered void unless a petition for time extension has been granted by the City Council. Such a Petition shall be submitted in writing at least 30 days prior to the expiration of the approval and shall state facts showing a good faith effort to complete the work Permitted under the original permit. b) Assignment and Subleasing. No wireless communications facility, tower or antenna support structure or wireless communications permit may be sold, transferred or assigned without prior notification to the City. No sublease gl'lall be entered into by any provider until the sublessee has obtained a pem~t for the subject wireless conu'nunications facility' or tower or antenna support structure. No potential provider shall be allowed to argue that a permit should be issued for an assigned or subleased wireless communications facility or tower or antenna support structure on the basis of any :expense incurred in relation to the facility or site. c) Aesthetics. Wireless communications towers and wireless communications facilities shall meet the following requirements: (i) ~. No commercial sip or advertis'mg shall be allowed on a wireless communications tower or a ~¼reless communications fhcility. (ii) L~i~hting. No signals, lights, or illumination shall be permitted on a wireless communications tower or a wireless commurfications facility, unless required by the Federal Aviation Administration or other applicable authority. If lighting is required, the lighting alternatives and design chosen must cause the least obtrusiveness to the sm~rounding cornmunity. However, an applicant shalt obt~ approval from the City if the Federal Aviation Administration requires the addition of standard obstruction 25 marking and lightkng (i.e., red light~g and orange and white striping) to the tower. An applicant shall notify the Zoning Administrator prior to making any changes to the original finish of the tower. (iii) Graffiti. Any graffiti or other unauthorized inscribed mater/als shall be removed promptly or otherwise covered in a manner substantially similar to, and consistent, with the original exterior finish. The City may provide a wireless cormmunications tower or equipment cabinet o~mer and'or operator written notice to remove or cover graffiti with/n a specific period of time or as required by other appropriate sections of the City Code as presently existing or as ma5, be periodically amended. In the event the graffiti has not been removed or p~ted over by the owmer and/or operator within the specified time periods ~e Cky shall have the right to remove or paint over the graffiti or other inscribed mater/als. In the event the City has to remove or paint over the graffiti, then the owner and/or operator of the wireless commtmications tower or equipment cabinet or structure on which the graffiti existed, shall be responsible for all costs/ncurred. Federal and State Reqnfrements. All wireless communications towers and wireless communications facilities must meet or exceed the standards and regulations of the Federal Aviation Admi~stration, the Federal Communications Commission, and any other agency of the state or federal government with the authority' to regulate wireless commtmications towers and facilities. If such standards and regulations change, then the owners of the wireless commuxficafions towers and wireless commurfications facilities subject to such standards and regulations must bring such towers and facilities into compliance with such revised standards and regulations within six (6) months of the effective date of such standards and re~Iafions, unless a different compliance schedule is mandated by the controlling state or federal agency. Failure to maintain or bring wireless communications towers mad wireless communications facilities into compliance with such revised standards and regulations shall constitute a violation of t~his Ord/nance and shall be subject to enforcement under the City Code. Penalties for violation may include fines and removal of the tower or wireless communications facility at the owner's expense. e) Licenses or Franchise. An owner of a wireless communications tower or wireless commtmications facility rrmst notify the City in writing witt'fin 48 hours of any revocation or failure to renew any necessary license or franchise. Discontinued Use. In the event the use of a wireless commurfications tower or wireless communications facility is ~scontinued, the owner and/or operator shall provide written notice to the City of its intent to discontinue use and the date when the use shall be discontinued. g) Abandoned Tower or Antenna. ~e City may require removal of any abandoned or unused wireless communications tower or wireless communications 26 h) facility by the tower or facility owner within thirty (30) days after notice from the City of abandonment. A wireless commurfications tower or wireless communications facility shall be considered abandoned if use has been discontinued for one hundred eighty (180) consecutive days. (i) Removal b~. Where a wireless commurfications tower or wireless communications facility is abandoned but not removed within the specified time frame, the Cir'/may remove the facihty or remove or demolish the tower and place a hen on the property following the procedures (but not the criteria) for demolition of an unsafe building/structure of the City'S housing code. (ii) Towers Utilized for Other P~oSe_s. Where a wireless communications tower is utilized for other P~oses, including but not limited to light standards and power poles, it shall not be considered abandoned; provided, however, that the height of the tower may be reduced by the City so that the tower is no higher than necessary to accommodate previously established uses. (iii) Restoration ofArea. VV2~ere a wireless communications tower or facility is removed by an owner, said o~mer, at no expense to the City, shall restore the area to as good a condition prior to the placement of the tower or facility, unless otherwise instructed by the City. (iv) Surety or Letter of Credit rorRemOTal. Prior to the issuance of a building permit, a surety or letter )of credit shall be submitted by the property owner(s) or tower operator(s)to ensure the removal of abandoned wireless communications towers. The surety or letter of credit shall be utilized to cover the cost of removal and disposal of abandoned towers and shall consist of the following: a. submission of an estimate from a certified structural engineer indicating the cost to remove and dispose of the tower; and either a surety or a letter of credit, equivalent to one hundred percent (100%) of the estimated cost m remove and dispose of the tower. The form of the surety or the letter of credit shall be subject to approval by the Zoning Administrator and the City Attorney. FCC Emissions Standards. At all times, owners and/or operators of wireless communications facilities shall comply with the radio frequency emissions standards of the Federal Communications Commission. (i) Tes. fing required. All existing and furore wireless communications facilities shall be tested in accordance with applicable laws and regulations. Such testing, to the extent it is required, shall comply with 27 i) k) 1) standards and procedures prescribed by the Federal Communications Commission. (ii) Insl~ections. The City reserves the fight to conduct random radio frequency emissions inspections~ The cost for such random inspections shall be paid from the wireless communicatior~s annual registration fees, unless an ovmer and/or operator is found to be in non-compliance with Federal Communications Co~ission RF emissions standards, whereupon the non-compliant ov~mer and/or operator shall reimburse the City in full for the cost of the inspection. Maintenance. All ~Sreiess c OhS facilities, wireless commmaications towers and ante~ma support structures shall at all times be kept and maintained in good condition, order, and repmr, and, maintained in stealth condition (if stealth or camouflage is a permit requiremert0. The same shall not menace or endanger the life or property of any person, and shall retain original characteristics. All maintenance or construction on a wireless communications tower, wireless communications facility or an~:enna support structure shall be performed by licensed maintenance and constmctior~ personnel. The City shall notify a provider in writing regarding any specific maintenance required under this Section. A provider shall make all necessary repairs within thirty (30) days of such notification. Failure to effect noticed repairs within thirty (30) days may result in revocation of a tower owner's or provider~s permit and/or removal of the tower, wireless communications facility or anterma support sm~cmre. Emergeney~ The City reserves the r~ght to enter upon and disconnect, dismantle or otherwise remove any wireless communications tower or wireless communications i~acility should the same become an immediate hazard to the safety of persons or property due to emergency circumstances, as determined by the Zoning Administrator or his designee, such as natural or manmade disasters or accidents, when the owner of any such tower or facility is not available to immediately remedy the hazard. The City shall notify any said owner of any such action within twenty-four (24) hours. The owner and/or operator shall reimburse the City for the costs incurred by the City for action taken pursuant to this subsection. Equ~pmeut Cabi~ets. Equipment cabinets located on the ground shall be constructed out of non-reflective materials and shall be screened from sight by mature landscaping and located or designed to minimize their visibility. All equipment cabinets shall be no taller than ten (10) feet in height~ measured from the original grade at the base of the facility to the top of the structure, and occupy no more than four hundred (400) square feet in area, unless a waiver is granted by the City upon written request from a provider. Equipment On Site, No mobile or ~obile equipment or materials of any nature shall be stored or parked on the site of a wireless commu~cations tower or 28 wireless conmmnicafions facility, ~less used in direct support of a wireless communications tower or wireless co~cations facility or for repairs to the wireless communicationS tower or wireless communications facility currently underway. m) Inspections. The City reserves the right upon reasonable notice to the or, ruer/operator of a wireless commr~cations tower or antenna support structure, including utility poles and roo~ops, to conduct inspections for the purpose of determining whether the tower or other support structure and/or related equipment cabinet comphes with the State Bui~ing Code and all applicable requirements and standards set forth in local, state or federal law and to conduct radiation measurements to determine whether all antenna and transmitting equipment are operating within Federal Communications Conm~ission requirements. n) Security. (i) An owmer/operator of a wireless communications tower shall provide a security fence or equally effeCtive barrier around the tower base or along the perimeter of the wireless co~cafions tower compound. (ii) If high voltage is necessa~y~ for the operation of the wireless communications tower or antenna support structure, "HIGH VOLTAGE - DANGER" w~ngs s~gns shall be permanently attached 'to the fence or banSer and shall be spaced no more than 20 feet apart, or on each fence or barrier frontage. (iii) "NO TRESPASSING" warning si~s shall be permanently attached to the fence or barrier and shall be spaced no more than 20 feet apart. (iv) The letters for the "HIGH VOLTAGE - DANGER" and "NO TRESPASSING armng sl~ks shall be at least six (6) inches in height. The two warning si~s may be Combined into one sign. The warning signs shall be inStalled at least 4!5 feet above the fin/shed grade of the fence or barrier. o) Advances in TechnolOg% All providers shall use and apply any readily available advances in technology that lessen ~e negative aesthetic effects of wireless communications facilities and wireless communications towers to the residential communities within the City. Every five (5) years, the City may review existing structures and compare the visual impact with available technologies in the industry for the purpose of removal;reloCation or alteration of these structures in keeping with the general intent of this Section. Such removal, relocation or alteration may be required by the City pursuant to its zoning power and authority. Review of Applications. The City shall process all applications for wireless commun/cations towers and wireless comJnunications facilities in a timely manner and in 29 accordance with established procedures. The reason for the den/al of any application filed/n accordance with this provision shall be set forth/n we/ting, and shall be supported by substantial evidence in a written record. Appeals. At any time within 30 days after a waStten order, requirement, determination or final decision has been made by the Zorring Administrator or other official in interpreting or applying this Section, except for actions taken in connection w/th prosecutions for violations thereof, the applicant or any other person affected by such action may appeal the decision in accordance with the provisions of the Land Use and Development Ordinance. 19) Revocation. A material breach of any terms and conditions of a permit issued for a wireless commm~dcations tower or wireless Corrmmrfications facility under this Ordinance and the Land Use and Development Ord/nance may result in the revocation by the City of the right to operate, utilize or ma/r~tain the P~icular tower or wireless commurfications facility with/n the City following written notification of the violation to the owner or operator, and after failure to cure or otherwise correct smd violation with/n th/~y (30) days. A violation of th/s Section shall be subject to enforcement in accordance with the Land Use and Development Ordinance. Penalties for a violation of a permit or this Section may include fines and removal of the Mreless communications tower or w/reless commmnications facility' at the owner's experlSe," Se~etion 3, CAPTIONS. The captions t~ougjxout this Ordinance are intended solely to facilitate reading and reference to the sections and provisions of this Ordinance. Such captions shall not affect the memng or interpretation of ti'tis GTdinance. Se~ction4. CALCULATION OF TIME. Unless otherwise indicated, when the performance or doing of any act, duty, matter or payment is required under this Ordinance, and a period of tirne or duration for the fulfillment of doing thereof is prescribed and is fixed herein, the time shall be computed so as to exclude the first and include the last day of the prescribed or fixed period of duration time. Section 5. SE$%RABILITY. If any ten~, condition or provision oftbAs Ordinance shall, to any extent, be held to be invalid or unenforceable by a valid order of any court or regulatory agency, the remainder hereof shall be valid in all other respects and continue to be effective. In the event of a subsequent change in applicable law such that the pro, sion which had been held invalid is no longer invalid, such provision 'shall thereupon remm to full force and effect wihhout further action by the City of Columbia Heights and shall thereafter be binding on the permittee and the City. See______tion 6. REPEAL OF LAWS IN CONVICT, All City laws and ordinances in conflict with any provision of this Ordinance are hereby repealed to the extent of any conflict. Section 7. INCLUSION IN T~E CITY CODE, The provisions of this Ordinance shall become and be made a part of the City Code of the City of Columbia Heights. The sections of 3O this Ordinance may renumbered or relettered to accomplish such, and the word "ordinance" may be changed to "section," "article,'~ or any other appropriate word. Section 8. NO RECOURSE AGAHNST 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/ts elected officials, boards, commissions, agents, employees or volunteers for any loss, costs, expense or damage ar/sing out of any provision or requirement of this Ordinance or because of the enforcement of th/s Ordinance or the City's exercise of its authority p~suant to th/s 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__ 9. EFFECTIVE DATE. The provisions of this Ordinance shall become effective upon adoption. First Reading: Second Reading: Date of Passage: November 13, and November 27, 2000 DeCember 11, 2000 December 11, 2000 Offered by: Szurek Second by: Jolly Roll call: All ayes Mayor, Gary L. Peterson Patricia Muscovitz, Deputy City Clerk 31 The Metropolitan Council has identified 'A' minor arterials as roadways that are of regional importance because they relieve, expand or complement the principal arterial system. Sub- classifications of these roads have been categorized as follows: · Relievers - Provide direct relief for metropolitan highway traffic. Expanders - Connect developing areas outside the 1-494/I-694 interstate ring. · Connectors - Provide good, safe connections to and among town centers in the transitional and rural areas in the area. · Augmenters - Augment principal arterials within the interstate ring or beltway. There are two 'A' minor arterials in Columbia Heights - University Avenue (TH47) and Central Avenue (TH65) - and they are both designated as augmenters. The recommended spacing of 'A' minor arterials is one-half to one mile in fully developed areas, such as the City of Columbia Heights, and 1 to 2 miles in developing areas. The current spacing between TH 47 and TH 65 is approximately one mile. There are no recommended changes to the current 'A' minor arterial system. 'B' Minor Arterials are defined by the Metropolitan Council as all other minor arterials. These roadways typically serve a city-wide function by providing mobility for medium-length and long trips. When combined with the 'A' minor arterial system, most of the neighborhoods in Columbia Heights are within a reasonable distance of a minor arterial. The existing 'B' minor arterial routes in the community are CSAH4 (49th Avenue/Fairway Drive), · CSAH 2 (40th Avenue), and County Road 102 (Main Street N.E.). The only recommended change in the minor collector system is a change along Main Street N.E. for consistency. Collectors serve shorter trips and provide access from neighborhoods to the arterial system. Consequently, because of their location, they are lower-volume roads than arterial routes. In Columbia Heights, routes currently classified as collectors are 44th Avenue, Jefferson Street, Arthur Street and Reservoir Boulevard. The only recommended changes in the collector system are extensions of 44th Avenue and Reservoir Boulevard for consistency. Roadway and Intersection Improvements Both the Anoka County Transportation Plan (July 1998) and the Mn/DOT 1997 Transportation System Plan (TSP) identify TH 65 as an area needing capacity and safety improvements to provide a future level of service "D". The Mn/DOT TSP identifies TH 47 and TH 65 for preservation and management, but not for capacity improvements. Neither of these routes is included in the state's Transportation Improvement Program as they are both identified as potential tumback mutes. Due to concerns about the traffic operations along University Avenue and Central Avenue, additional intersection analyses were completed to determine future levels of service and to identify needed intersection improvements that may be needed to maintain a level of service "D" in the future. The results of these analyses, shown in Table 7-3, indicate that no intersection improvements are warranted at this time 95 TABLE 7-3 INTERSECTION OPERATIONS LEVEL OF INTERSECTION SERVICE TH 65 and 53rd Avenue D TH 65 and 49th Avenue B TH 65 and 44th Avenue C TH 65 and 40th Avenue B TH 65 and 37th Avenue D TH 47 and 53rd Avenue B TH 47 and 49th Avenue B TH 47 and 44th Avenue C TH 47 and 40th Avenue C Source: SKF Consulting Group, Inc. Jurisdictional Transfers The jurisdiction of roads is an important element in the Transportation Plan because it affects a number of critical organizational functions and obligations (regulatory, maintenance, construction and financial). The primary goal in aligning jurisdiction is to match the function of the roadway with the organizational level that is best suited to handle the route's function. Mn/DOT's 1997 Metro Division Transportation System Plan (TSP) identified the following routes in Columbia Heights for jurisdictional reassignment: · Trunk Highway 65 (Central Avenue) between 1-694 north of Columbia Heights to the south' Anoka County line. · Trunk Highway 47 (University Avenue) from TH 10 north of Columbia Heights to the south Anoka County line. These routes are designated as 'A' minor arterials and have been recommended for transfer to Anoka County. No memorandum of understanding exists between Mn/DOT and Anoka County for these routes. Jurisdictional changes are usually made when an oppommity presents itself. Examples of such opportunities include the construction of a new segment that replaces the function of the current roadway and the improvement or major rehabilitation of a facility that is identified as a potential transfer. With the recommended transfer of TH 47 and TH 65 from Mn/DOT to Anoka County, these two routes would most likely be designated as County State Aid Highways (CSAH). In Columbia Heights, this translates to approximately 7.5 miles of additional CSAH mileage. However, as these routes are trunk highway tumbacks, this mileage would not count against Anoka County's CSAH system mileage allotment. 96 TRANSIT The Northeast Corridor Interim Transit Improvement Study was completed by the Anoka County Regional Railroad Authority in 1995. This study identified the following transit needs applicable to Columbia Heights: · Additional east-west and/or community circulator service. · Transit travel advantages on congested roadways (for example, through bus shoulder lanes and ramp meter bypass lanes). · Improved access to transit (for example, through park-and-ride lots, service coordination, reverse-commute market and TDM strategies). · Travel Demand Management (TDM) strategies to reduce vehicle travel demand during peak travel periods. Metro Transit is constructing a transit hub along Central Avenue between 40th and 41 st Avenue (see Figure 7-4). This station will provide for transfers between regular route buses and community circulators. The station is adjacent to existing parking that may be used for drop- offs and for park-and-ride. With the construction of the transit hub, transit routes will be reconfigured as shown in Figure 7-5. Service frequencies will remain approximately the same for all routes. HOV bypass lanes are proposed at the University Avenue and Central Avenue interchanges with 1-694. Shoulder HOV lanes are proposed along Central Avenue and 1-694. Shoulder HOV lanes already exist along University Avenue. A park-and-ride lot is proposed near the University Avenue interchange with 1-694. No right-of-way acquisition is required for any of improvements proposed above. The Northstar Corridor is a 60-mile long transportation corridor that runs between St. Cloud and Minneapolis along U.S. 10 and includes the Burlington Northem Santa Fe (BNSF) rail line. A Major Investment Study (MIS) is currently being conducted on this corridor and will address a "multi-modal" system that may include commuter rail, improved freight rail, enhanced highways, new recreation and bike trails, safety improvement and Intelligent Transportation System (ITS) strategies. If a commuter rail system were implemented in this corridor, it would utilize the BNSF railroad just west of Columbia Heights. No stations are currently planned in the vicinity of Columbia Heights. The Comprehensive Light Rail Transit (LRT) System Plan for Anoka County identified two alternative routes through southern Anoka County between downtown Minneapolis and Northtown Shopping Center, one along University Avenue and the other along Central Avenue. The Central Avenue alignment was dropped from consideration during 1990 for reasons of higher capital and operating cost and loss of on-street parking. Stations have been proposed 97 Existing -- : 8treetscape "' Enhancements &- ' Retaining · Wall Bus ,,~ ......... Circulation ,.;oncept D4 Central Avenue and 41st Avenue N.E. Columbia Heights Transit Hub 50 100 Feet Figure 7-4 October 20, 1998 [~BRW Columbia Heights Transit Hub Proposed Service. 1999 Service to Northtown & Brookdale 53rd Ave Service to Northtown 49th Ave .q.4th Ave o 37th Ave 41st 44th:' '::'~ 37th Ave'" 45th St y _c .. c Proposed Transit Hub Area Transit Route 7-5 Source: Metro Transit, Service Plannin3. AEH Jan 19.c. 9 along the University Avenue ronte at 37th, 40th, 44th, and 49th Avenues. At least one of these locations will likely be deleted because they are too close together for efficient service. There presently is no identified source for capital and operating costs for LRT service in this corridor, and other corridors have higher funding priority; therefore, LRT is considered a long range transit option for the city. BICYCLE AND PEDESTRIAN SYSTEM Proposed bicycle and pedestrian facilities are discussed in the Parks and Open Space section of the Comprehensive Plan (Chapter 10). These facilities are intended to serve both a transportation and a recreation purpose and to provide bicycle/pedestrian access to major generators including the proposed transit hub. TRANSPORTATION GOALS, POLICIES AND IMPLEMENTATION STRATEGIES The following transportation goals have been developed for Columbia Heights. Each goal includes numbered policies and bulleted implementation strategies that correspond to each of the policies. Goal: Increase pedestrian and bicycle safety in residential neighborhoods. 1. Manage traffic to minimize non-local traffic uses of residential streets. The City will provide traffic calming measures on residential streets where: (1) data has been collected to document an existing problem; (2) the measure is consistent with the problem being addressed; (3) there will be a minimum diversion of traffic to other residential streets; (4) there will not be a degradation of public safety; and (5) a petition is signed by two-thirds or more of the residentis who would be affected by the placement of the traffic calming meausre. At a minimum, the petition area should include all residents living within one block of the affected area, or 400 feet, whichever is greater. · The City will establish and implement a uniform policy on the installation of stop signs. · The City will provide periodic traffic surveillance in residential neighborhoods where traffic speeds are high. · The City will provide sidewalks and/or bicycle facilities where needed for documented safety problems. 100 Goal: Manage and maintain the investment in the existing roadway system. 1. Support maintenance of the local roadway system. · The City will continue to maintain its local road system to high standards of quality through a program of regular patching, seal coating and reconstruction. Manage the mink highway and local roadway systems within the community in a manner that supports regional transportation objectives and enhances community growth and redevelopment. The City will require roadway improvements in conjunction with new development' or redevelopment projects designed according to the intended function and. projected need. The City will support the updating of existing arterials when wan'anted by demonstrated volume, safety or functional needs. Improvements should be compatible with abutting land uses, 3. Protect the function of collector and arterial roads. · The City will limit the number of driveways or intersections compatible with the function of the roadway. The City will continue to design and maintain its roads and to review site plans according to the functional classification system of roads in order that they serve the needs of the community and enhance regional efforts to reduce traffic congestion. The City will develop a set of access management guidelines to be applied during the development or redevelopment of properties adjacent to arterial and collector level roadways. Goal: Embrace transit as a means to improve the iivability and diversity of Columbia Heights. 1. Support thc provision of additional regular route, community circulator and para-transit. The City will continue to support and facilitate transit service by the Columbia Heights/Hilltop/Fridley Share-a-Ride Program, Eastside Neighborhood Services, Metro Mobility and the Anoka County Traveler. · The City will work with Metro Transit to provide enhanced bus service and new or improved bus waiting stations along new cross-town routes. The City will continue to participate in system planning with Anoka County and Metro Transit to identify transit station locaitons and to construct transit facilities that improve access to other pans of the Twin Cities metropolitan area while also relieving pressure on Central Avenue and University Avenue. 101 Promote transit, including Light Rail Transit and Commuter Rail, as a reasonable alternative to single occupancy vehicle commuting. · The City will promote the use of transit to make the public more aware of the easy access Columbia Heights enjoys to and from Minneapolis. · The City will review major new developments for the inclusion of bus shelters and pullouts if such sites are along Metro Transit bus routes. o The City supports the use of transit as a key component in mixed-use planned development areas. · The City will provide standards in its land use controls that accommodate a mix of land uses, especially as linkages between transit and commercial uses. · The City's zoning ordinance will be modified to reflect the establishment of transit oriented development near designated transit stations. If a light rail transit system is funded for construction through Columbia Heights, the City will study the station areas to determine whether or not there should be changes in land use nearby and to consider public improvemenis (street alignments, street closings, sidewalks) that would promote the use of the system. · The City will provide a diversity of housing types within close proximity to transit. Goal: Provide for safe and efficient alternative modes of transportation. Support the creation of opportunities for pedestrian, bicycle and transit access to primary destination points within the City. · The City will incorporate pedestrian and bicycle improvements into streetscaping enhancements for Central Avenue. · The City will work cooperatively with Metro Transit to ensure that bicycle and pedestrian access is provided to the proposed transit hub. · The City will work to interconnect pedestrian and bicycle trails and provide pedestrian/bicycle access to major traffic generators in the City. · The City will review all development and redevelopment plans to insure that adequate pedestrian and bicycle facilities are provided. · The City will support the provision of additional regular route, community circulator and para-transit. 102 o Work with both existing and new employers in the community to encourage increased transit use and carpooling. The City will encourage employers to promote carpooling and transit use by providing information to employees, encouraging employees to participate in ride- share matching programs, and participating in Metro Transit programs for transit fare subsidies. · The City will encourage employers to offer flexible work hours, transit passes, parking preferences and other incentives for transit use and carpooling. FUNDING SOURCES Roadways under City jurisdiction are maintained by the City's Public Works Department. Funding for these activities, including the administrative costs of operating the department, are obtained fi.om municipal state aid, property taxes and special assessments. Municipal State-Aid Streets (MSAS) are eligible for fimding assistance with revenues from the Highway User Tax Distribution Fund. This fund receives revenue primarily from state gasoline taxes and vehicle registration fees. Ninety-five percent of the net proceeds of the Highway User Tax Distribution Fund are distributed annually according to a constitutionally mandated formula: 62 percent to the Tnmk Highway Fund, 29 percent to the County State-Aid Highway Fund, and 9 percent to the Municipal State-Aid Fund. MSAS funds are distributed to cities over 5,000 population based on a formula that takes into account population, roadway miles and need. In 1998, Columbia Heights received $163,435 in MSA maintenance funds and $303,522 in MSA construction funds. Federal funding may be obtained by applying through the Metropolitan Council under the Surface Transportation Program (STP), Congestion Mitigation and Air Quality (CMAQ) and Transportation Enhancement Program (TEP). The Metropolitan Council has established a process whereby jurisdictions can compete for these funds. The next oppommity the City will have to apply for these funds is in 2001. Special assessments may be assessed against private properties that benefit from a roadway scheduled for improvement. In order to assess a property owner, it must be demonstrated that the value of the property will increase by at least the amount of the assessment. The City of Columbia Heights utilizes special assessments to fund street and alley improvements. Under the City's Street Rehabilitation Program, property owners are assessed for only a portion of the construction costs. Generally, this is 50 percent for full construction, 65 percent for partial reconstruction and 85 percent for an overlay. The City does not assess for street improvements on MSA routes. Property taxes are the primary source of local funds for roadway improvements. If bonds are used to finance the cost of a city project, at least 20 percent of the improvement cost must be specially assessed to benefiting property owners. The City of Columbia Heights has established 103 an Infrastructure Fund to supplement assessments for the Street Rehabilitation Program. Property taxes in this fund will generally pay 50 percent of the cost of full reconstruction, 35 percent for partial reconstruction and 15 percent of the cost for an overlay. Property taxes are also used to fund transit services through the Metropolitan Transit Taxing District. The City of Columbia Heights receives full peak and off-peak service and residents pay the full property tax rate for this level of service. Tax Increment Financing (TIF) is also a source of funding for transportation improvements. Although Columbia Heights does not curremly use this funding mechanism, it should be considered for large scale redevelopment projects. 104 8. AVIA TION AND AIRPORTS PLAN INTRODUCTION All cities within the Twin Cities Metropolitan Area are required to develop an aviation plan. The primary intent of this requirement is to ensure that land uses do not conflict with the operation of aviation facilities, including seaplane lakes. Four critical areas must be addressed within a cities aviation plan and appropriately located and mapped: · All structures 200 feet above ground level; · Any special aviation facilities and functions in off-airport areas and identify appropriate local protection measures; · Any permanent private and emergency use airports and heliports allowed by zoning and/or permit; and · Any designated lakes for seaplane bases. Currently, Columbia Heights does not have any structures that exceed 200 feet; however, the current zoning ordinance does not preclude buildings of this height in the GB, General Business District. There are no special aviation facilities, permanent private use airports, emergency use airports, heliports, or lakes designated for seaplane bases within the community. AVIATION AND AIRPORTS GOAL, POLICIES AND IMPLEMENTATION STRATEGIES The following aviation and airports goal has been developed for Columbia Heights. The goal includes numbered policies and bulleted implementation strategies that correspond to each of the policies. Goal: Ensure land uses do not conflict with the operation of aviation facilities. 1. Regulate the height of structures within the community. · The City will continue to limit the height of structures through implementation of the zoning ordinance. 2. Monitor special aviation facilities, emergency use airports, heliports and seaplane lakes. · The City will continually monitor the creation and operation of aviation facilities in the community. · If necessary, the City will amend the zoning ordinance and other applicable City ordinances to regulation aviation facilities in the community. 105 /'*'9. WA TER SUPPLY AND WASTEWA TER PLAN INTRODUCTION The water supply and sanitary sewer systems for the City of Columbia Heights are complete. The policy decisions that the City must make will be aimed at maintaining the existing systems and not towards the need to serve any new development. The purpose of this section is to promote the maintenance and care of the existing water supply and wastewater (sanitary sewer) systems to ensure that they continue to serve the residents of Columbia Heights and Hilltop. WATER SUPPLY SYSTEM WATER SUPPLY The water supply and conservation plan prepared for the City of Columbia Heights in accordance with Minnesota Statutes 473.859(3) was approved by the Metropolitan Council on December 15, 1996. The City purchases water from Minneapolis for resale. In 1998, the City purchased 683,262 cubic feet (510 million gallons). The price Columbia Heights pays for water is directly tied to the rates the City of Minneapolis charges its residential customers. For this reason, the City of Columbia Heights pays more for water and has to charge residents substantially more than many neighboring communities. In 1956, a study indicated that the City could save significant money by installing its own wells and treatment facilities; however, a new feasibility study would be required to see if this is still the case. Items to be considered in such a study also include the availability of a dependable supply of clean water, the availability of land for well fields and treatment facilities, and whether softening should be included. In 1993, a rough analysis of the City's needs indicated that at a minimum the system would need to include three 1,000 gpm wells, two million gallons of storage capacity and a 1,500 gpm treatment plant with iron removal and softening treatment. WATER DISTRIBUTION The City's distribution system consists of approximately 67 miles of cast iron and ductile iron pipe, most of which was installed over 40 years ago. A majority of the mains are 6 inches in size. The system is spilt into two pressure zones, with the dividing line running generally down Central Avenue. The low-pressure zone, west of Central Avenue, is gravity fed through a 24-inch line from the Minneapolis reservoir in New Brighton. The high pressure zone is served by two pumping stations that are alternated. Pressure is maintained by the 250,000-gallon elevated storage tank on Stinson Boulevard. A study complete in 1989 by Bonestroo, Rosene, Anderlik and Associates identified several areas that experience low pressure. The study indicated that these low pressure problems were either the result of dead lines or loss of capacity due to tuberculation. Tuberculation is the build up of corroded material on the inside of the line due to failure of the enamel lining that was 106 prevalent in water mains installed before 1950. This condition narrows down the cross section of pipe and makes the interior rougher, both of which reduce the carrying capacity of the line. The areas that had been experiencing Iow pressure included the following areas: Innsbruck Parkway and Innsbruck Parkway West; Valley View Elementary School; northwest comer of the community; southwest comer of the community; Royce Street and Leader Lane; Jefferson Divide; and Ulysses Street. Since 1990, a 10-inch main for Valley View Elementary School was installed (1990/1991) and the pipes in the Innsbruck were cleaned and relined(1997). Reevaluation of the northwest comer of the community has been budgeted for the year 2000. When the water system was tested for lead and copper in accordance with Federal regulations, the City's water did not meet the requirements because of the softness of the water purchased from Minneapolis. The water itself does not contain lead; however, it is generally recognized that lead is leaching out of fixtures and lead service lines. There are approximately 75 homes in the City that may still have lead service lines. Since 1990 approximately 7 -10 homes have replaced lead service with copper. PRIVATE WELLS There are eight private wells in the community. Two are for domestic use (4441 Main Avenue and 4853 University Avenue), two are industrial wells (3800-5th Street and 550- 39thAvenue) and four are for other use (4555 Washington Street, 5051 Jefferson Street, 4336 Quincy Street and 2301 North Upland Crest). WASTEWATER (SANITARY SEWER) SYSTEM The City of Columbia Heights does not currently have an approved Tier I sanitary sewer element as required by Minnesota Statutes 473.859(3). The community is served by the regional system, with the City's sanitary sewer system transporting wastewater from throughout the City of Columbia Heights and the City of Hilltop. All sewage is directed to 44th Avenue and Main Street, where it is discharged to the Metropolitan Council's Environmental Services' regional system for processing at the Metropolitan Wastewater Treatment Plant via interceptors 4-FR-440, 1-MN-305, 1-MN-306, and 1-MN-303. In 1992, approximately 452 million gallons of sewage was collected by this system. SEWER MAIN The City has 60 miles of sanitary sewer main. The majority of these mains are vitrified clay pipe in excess of 40 years old. Properly maintained, these lines will have a useful life of 75 to 100 years. Generally, the sewer mains are in good shape. The major problems are related to either root intrusion or the build-up of sand and/or debris in certain lines. The Public Works Department has adopted a systematic procedure of televising, rodding (cleaning), root cutting, and vacuuming lines. In the past, a process called Sanafoam was used to clear the lines of roots. 107 With the addition of the Vactor equipment and the determination of the worst root areas, the use of this somewhat hazardous chemical process has been decreased and may ultimately be ceased. The systematic televising of all lines allows the crew to detect and record the locations of cracked pipe, missing sections and misalignment. Cracked sections are rechecked periodically to determine if the condition is worsening to the point of needing repair. Sections exhibiting damaged pipe or serious misalignment are scheduled for repair or replacement based on the severity of condition, opportunity (i.e. street reconstruction) and budget. Recent studies have indicated that overall, the system does not have excessive infiltration and inflow. The Public Works Department has developed a program of replacing the old style manhole covers (with pick holes that allow water inflow) with solid covers in those locations where the manhole becomes inundated during rainfalls. The Public Works Department also has a program of identifying and repairing manholes that are in need of tuck pointing and patching. LIFT STATIONS The sanitary sewer system utilizes four lift stations to facilitate collection from areas that cannot directly gravity feed. These lift stations ate located at the Silver Lake boat landing, Argon Drive west of Stinson Boulevard, Chatham Road near Golf Place, and Sullivan Lake Park. All lift stations have automatic controls and dual pumps that are cycled to prolong life and provide redundancy in case one pump fails. The stations have on-site failure indicator lights and are connected to a master control panel at the municipal service center, which has auto dialer to alert personnel of problems. There are no regional system lift stations within the community. Figure 9-1 illustrates the sanitary sewer locations for the City of Columbia Heights, including the metropolitan sewer interceptor. Table 9-1 provides information regarding the future population and projected yearly wastewater flows to be generated by the City of Columbia Heights. TABLE 9-1 POPULATION AND WASTEWATER FLOW DATA 2000-2020 2000 2010 2020 Sewered Population 18900 18900 19500 Sewered Housing 7850 8000 8200 Sewered Employment 6000 6100 6300 WASTEWATER FLOW RANGE LOW HIGH LOW HIGH LOW HIGH Yearly Wastewater Flows (MGY)* 557 607 553 619 571 635 *Million of gallons per year 108 I FT1Et II '=' I i' !1'"1' Ii ! Il ! II Il .il ,,. ;%! .,i As a fully developed community, Columbia Heights has no need to expand its existing sanitary sewer system. The system is in good condition; however, the system will need more maintenance as it ages. The ongoing programs of cleaning, televising and root control in the sewer mains, which are part of the maintenance budget, should be continued. Repair of manholes and the repair and/or replacement of damaged mains should also be budgeted for on an annual basis. In addition, whenever there is a street reconstruction project, the underlying sanitary sewer main should be televised to determine if repair or replacement is warranted. There Were two sections of sanitary sewer main that experience recurring problems in the early 1990s,.- Filmore Street north of 45th Avenue and 43rd Avenue at Van Buren Avenue. The Filmdre Avenue problem was corrected by the installation of back flow preventors in vulnerable service--tines that served six duplex units. The solution to the 43rd Avenue problem is somewhat more difficult. Because of the flattening of the grade in this location, the sewer mains tend to surge and have backed up into several homes in the past. A by-pass is in place that will discharge into Jackson Pond in extreme events; however, while the MPCA has not yet forced the City to correct the situation, this by-pass will need to be eliminated. In order to fully address this situation, which is the result of downspout and sump-pump connections to the sanitary sewer, is to require the elimination of these clear water connections. The City also experiences minor problems with inflow and infiltration throughout the community. While a community-wide inventory of these clear water connection problems has not yet been completed, the Public Works Department has been identifying existing connections through sewer line televising and building inspections. Residents with clear water connections will then be encouraged to eliminate the connections as soon as possible. PRIVATE WASTERWATER TREATMENT SYSTEMS A single residential home, located at 4344 3rd Avenue, is serviced by a private wastewater treatment system (cesspool). The City does not have any regulations regarding the construction or maintenance of such systems. WATER SUPPLY AND WASTEWATER GOALS, POLICIES AND IMPLEMENTATION STRATEGIES The following water supply and wastewater goals have been developed for Columbia Heights. Each goal includes numbered policies and bulleted implementation strategies that correspond to each of the policies. Goal: Maintain a high quality and reliable water supply and distribution system. 1. Maintain the existing distribution system to protect the City's investment. · The City has initiated an evaluation of the water distribution system to assess system deficiencies. The City will develop a schedule for the completion of water system improvements, as recommended by the Water System Analysis Report, in conjunction with the capital improvement program. 110 · As roadways are reconstructed, the City will evaluate the underlying watermain through flow testing to determine if the capacity has been decreased because of corrosion or undetected leakage. · The City will evaluate water mains in areas with low pressure and/or low fire flows, and either clean, reline, or replace water mains as needed. · The City will install water mains as needed in specific sites throughout the community in order to complete loops in the system and increase fire flOws. · The City will replace booster pumps, pressure reducing values, and other' components of the water supply system as needed to ensure reliable and adequate function. 2. Explore an alternative supply of water for the community. · The City will evaluate the feasibility of installing its own wells and treatment facilities. · The City will identify alternative supplies of water for the community should the current supply from the City of Minneapolis become unavailable or contaminated. 3. Reduce lead and copper within the system where possible. · The City will continue to provide information on lead and copper levels, along with the associated risks, to residents. · The City will continue to encourage residents to replace lead service lines. Goal: Maintain a high quality and reliable sanitary sewer systena 1. Maintain the existing sanitary sewer system to protect the City's investment. · The City will continue its systematic procedure of televising, rodding (cleaning), root cutting and vacuuming of sanitary sewer lines. · As roadways are reconstructed, the City will televise the underlying sanitary sewer line to check for roots, accumulation of debris, damaged pipe or misaligned pipe. · The City will continue to replace sections of sanitary sewer with damaged pipe or serious misalignment as needed, based on the severity of the condition, opportunity, and funding availability. · The City will continue to replace old pick hole style manhole covers with solid covers in locations that are inundated during rainfalls. 111 Reduce inflow and infiltration throughout the system. · The City will continue to identify and repair manholes that are in need of tuck pointing and patching. · The City will complete an inventory of downspouts, sump-pumps, and other clear water connections to the sanitary sewer system through the use of system televising and building inspections. · The City will adopt ordinances to require the elimination of existing clear water connections and prohibit such connections in the future. · The City will undertake a study to determine areas of suspected infiltration into the sanitary sewer system and will initiate action to mitigate these problems. FUNDING SOURCES User fees are the primary funding source for sanitary sewer and water main replacements or relining. These rehabilitation activities are funded through the respective construction fund accounts, which are supported by user fees. When water mains are replaced in residential areas, service lines to the curb stop are evaluated. If replacement is warranted, this activity is also funded through the water system construction fund. Special assessments are not currently used by the City for rehabilitation of water mains or sanitary sewer lines. 112 "" fO. PARK AND OPEN SPACE PLAN INTRODUCTION In order to guarantee that local parks, trails and open spaces conform to the regional recreational system, all municipalities within the Twin Cities Metropolitan Area are required to complete a park and open space development plan as part of their comprehensive planning efforts. Providing a comprehensive approach to recreation facilities in the metropolitan region will help minimize unnecessary costs, provide an inventory of all facilities and present the best possible recreational system for the region. The City of Columbia Heights also recognizes that parks, trails, public open space and Other recreational opportunities are essential elements in creating a strong sense of community. For this reason, this Plan will also provide a framework to ensure that development, and redevelopment of local parks, trails and open spaces meet the needs of Columbia Heights' residents and provide linkages throughout the community. This Plan, which includes information from the City's 1996 Comprehensive Park System Plan, also provides the basic information necessary to understand park, trail and open space issues in the community. The purpose of the park and open space plan is to ensure that all parks and open areas within the community remain clean, safe, accessible to all, and up-to-date to best serve the residents as well as improving the quality of life in Columbia Heights. HISTORICAL CONTEXT The City of Columbia Heights park system was formally established in 1939 with the acquisition of 60 acres of land bounded by 37th Avenue on the south, 40th Avenue on the north, 5th Street on the west, and Quincy Street on the east. A portion of this area, which at one time served as a spring-fed pasture for cows and horses, is now occupied the City's first park - Huset Park. As development increased, the City became actively involved in the expansion of the Columbia Heights park system by acquiring "leftover" parcels of land that were converted into municipal parks. As with many communities encouraging development during this time period, the City often accepted and/or purchased swampy, unstable, and often unbuildable land for parks. Since the community is fully developed, the City now has the challenge Of redeveloping these parks into parks and open space that meet the current needs of Columbia Heights' residents. The City of Columbia Heights currently operates a park system containing 14 municipal parks ranging from in size from less than 1 acre to 28 acres. Serving as the backbone of the community, the park system offers essential recreation and leisure opportunities that are available to all residents of the community. These include organized activities such as baseball, softball, basketball, and hockey, as well as less structured activities such as skating, biking, picnicking, walking and running. 113 COMMUNITY CHARACTERISTICS AND DEMOGRAPHICS As stated elsewhere in the City's Comprehensive Plan, the population of Columbia Heights is predicted to increase slightly over the next twenty years as well as to generally increase in age. By the year 2020, the community will include 19,500 individuals living in 8,200 households. According to the Metropolitan Council, there will be a significant increase in persons over the age of 55 and a slight decrease in persons age 25 to 54 in the community. This shift in demographics suggests an increase in demand for more passive park facilities, such as walking trails, picnic areas and scenic areas. The current development pattern and existing park features within Columbia Heights represents that of a typical urban community. The 14 municipal parks and one regional park within the community provide the residents with both passive and active recreational opportunities. Residential development is the dominant land use in Columbia Heights with 67 percent of the land area, while parks and open spaces occupy approximately 6 percent of the land area. The majority of the community's park facilities are located near residential development. INVENTORY AND REGIONAL SIGNIFICANCE The-location of the community's 14 municipal parks and the one regional park, which represent a total area of 112 acres, are shown in Figure 10-1. Table 10-1 lists the municipal parks within Columbia Heights, including the size (in acres) and facilities within each park. As a result of the existing urban character of the City, the majority of parks have a limited amount of natural resource amenities. In addition, most of the parks provide passive rather than active recreation activities. Huset Park, which is the largest municipal park with 22 acres, provides a mix of passive recreation and organized athletic fields. This park is located adjacent to City Hall and will become the "central park" of the community upon completion of the Community Center mixed-use redevelopment. All other parks within the community are less than 20 acres in size and provide passive recreation to neighborhoods in close proximity to the park facilities. A few open space and recreational facilities also exist adjacent to schools and usually provide for more active sporting events and playground equipment. Both the high school and the middle school grounds within the community include such facilities. There is also one regional park in the community. Albert A. Kordiak Park, located on 14 acres in the northeast comer of Columbia Heights, provides walking and hiking trails, picnic facilities and a limited amount of space for active recreation. This park surrounds Highland Lake and contains some woodlands and other natural resource amenities unavailable in other parks within Columbia Heights. Albert A Kordiak Park is also located adjacent to the Columbia Heights High School and Highland Elementary School, providing good opportunities for extended classroom learning experiences. While relatively small for a regional park, Kordiak Park is also complemented by the close proximity of Curt Ramsdell Park, which includes an additional five acres of park space. 114 December 1999 2 0 2 4 Miles Existing Park Locations Columbia Heights Comprehensive Plan FIGURE 10-1 TABLE 10-1 EXISTING PARK FACILITIES INVENTORY CITY PARKS Edgem~r 2.6 X Gauvi~e 16 X X X X X X X X X X Hilltop I X X X Huset 2g X X X X X X X X X X X X X X X Keyes 16 X X X X X X X X X X X X LaBelle 20 X X X X X X X X Lomi~i 2 X X X X X X X X X X Ramsdell 8 X X X X X X X X X X X X X X McKe~a g.5 X X X X X X X X X X X Os~der 3 X X X X X X X Pmstemon 5 X X X X X X X X X X Silver L~e 5 X X X X X X Sullivan L~e 8 X X X X X X X X Wargo Cou~ TOTAL 121 Source: Comprehensive Park System Plan, 1996 * The five pathways include 4.5 miles 116 CLASSIFICATION AND STANDARDS The City of Columbia Heights has developed a park classification system to aid in determining future demand and to provide a better understanding of current facilities within the City's jurisdiction. Each of the park classifications includes standards for the classification as well as parks within the community that fall into the classification. MINI-PARKS Mini-parks are usually 2,400 to 5,000 square feet in size and provide space for picnicking, walking, or gathering. Park components typically include benches, tables, playground area, and a focal element, such as a fountain. Mini-parks in the Columbia Heights park system include Edgemoor, Hilltop, and Wargo Court parks. NEIGHBORHOOD PARKS Neighborhood parks are usually 2 to 5 acres in size and provide active recreational areas that serve the surrounding residents within one-quarter to one-half mile of the park. Park components typically include playground equipment, open play areas, game courts, benches, picnic areas, trees and shrubbery, and occasionally a ball field and/or skating fink. Neighborhood parks in the Columbia Heights park system include Gauvitte, Keyes, Ostrander, and Prestemon parks. COMMUNITY PARKS Community parks are usually 15 to 25 acres in size and provide organized recreational activities for the entire community. Park facilities usually include athletic fields, game courts, and picnic areas, playground equipment, play areas, swimming pool, and pathways. Community parks are normally accessed by automobile and located near a major thoroughfare. Community parks in the Columbia Heights park system include Huset, Curt Ramsdell, and McKenna parks. REGIONAL PARKS Regional parks are larger parks that serve more than one community and are often located in areas with natural amenities such as woods, hills, or water. Typical activities include picnicking, hiking, boating, fishing, swimming, skiing, and camping. Albert A. Kordiak Park is the only regional park within Columbia Heights. 117 HISTORIC PARKS Historic Parks have significance related to a particular event within a community. These areas preserve, maintain and interpret features that make the site meaningful. Although there are no historic parks in the community, many people recognize the historical significance of Wargo Court because of the on-site time capsule and name dedication. SPECIAL USE Special use parks are usually created for a specialized or specific purpose recreational activity such as golf, nature centers, and zoos. The Silver Lake Swimming Beach is a special use park within the community. SCHOOL PARKS School parks are usually located adjacent to schools and are created to jointly serve the recreational needs of the school and the immediate neighborhood or community at large. Recreation areas classified as school parks are the outdoor recreational facilities provided at Columbia Heights High School and Central Middle School. Additional facilities are located at North Park Elementary, which is located in Fridley but within the Columbia Heights school district, and are used by the Columbia Heights Recreation Department to meet its current recreation demands. OTHER: CHURCHES AND COLLEGES There are also 'churches and a technical college within the community that have recreational facilities; however, most of these facilities are only available for use by members, students, and employees. Examples of these types of facilities include NEI, First Lutheran Church, and Immaculate Conception Church. The facilities at First Lutheran Church are available to the general public during specified times. NATIONAL FACILITY STANDARDS In order to compare the adequacy of park and recreation facilities in Columbia Heights to other communities, National Facility Standards have been referenced. These standards serve as a guide to determining park and recreation needs in Columbia Heights, since each community has different needs depending upon its character, geographical location, and demographics. Table 10-2 provides a comparison of park and recreation facilities in Columbia Heights as compared to the current national facility standards. 118 TABLE 10-2 NATIONAL STANDARDS IN RELATION TO EXISTING FACILITIES NUMBER OF NUMBER OF SPACE NUMBER OF NATIONAL FACILITIES SERVICE FACILITY REQUIRED UNITS/POP SUGGESTED COLUMBIA AREA FACILITIES HEIGHTS* V4 to 'A mile Baseball Field 3 ACRES 1/5,000 4 8 ¼ to 'A mile Softball Field 2 ACRES 1/5,000 4 8 ¼ to V2 mile Basketball Courts .5 ACRE 1/3,000 6.7 11 1 mile Skating Rink I ACRE 1/2,000 10 9 ½ mile Hockey Rink .5 ACRE 1/3,000 6.7 5 ~A to ½ mile Volleyball Court . I ACRE 1/5,000 4 4 % to ½ mile Tennis Court .6 ACRE 1/2,000 10 7 15 to 30 Football Field 2 ACRES 1/20,000 I 6 minutes I to 2 miles Soccer Field 2 ACRES 1/5,000 4 6 ¼ mile Playground .5 ACRE 1 / 1,500 13.4 15 I mile Picnic Shelter .25 ACRE 1/5,000 4 3 *Includes school facilities In almost all categories, the City of Columbia Heights either meets or exceeds national standards. The exception to this is tennis courts and picnic facilities -two areas where the City does not meet the national guidelines. Even when taking the schools and college within the community into consideration, the number of tennis courts in the community is significantly lower than the standard. There are no school tennis courts available for use when school is not in session and most of the park courts are in need of resurfacing and other repairs. NEEDS ASSESSMENT EXAMINATION In June 1996, the Columbia Heights Recreation Department conducted a parks and recreation needs assessment study. The purpose of this study was to determine residents' awareness, usage, and attitudes towards parks, recreation facilities, programs and activities in the community. The survey was randomly distributed to 800 Columbia Heights residents, with a total of 283 completed surveys returned. The sampling error for this study was less than five percent. 119 The results of this study indicated that the residents of Columbia Heights had a high level of overall satisfaction with parks, recreation facilities, programs and activities provided by the City. Over one-fourth of the residents were aware of all the park and recreation oppommities listed in the survey; however, one-third of the residents had never used any of the parks and recreation facilities. In addition, with the exception of the City Jamboree, four-fifths of the residents had not participated in any of the City's recreation programs or activities. The survey also indicated that most residents believe the community has enough park space to serve the recreation and leisure needs of the community's resident; however, many residents' opinions were mixed concerning the future acquisition of additional park and recreation facilities. The majority of survey respondents indicated that they would support a referendum to make park improvements and/or build an indoor multi-use center, provided that their taxes would not increase and that private funding would cover a large portion of the expense to the City. When asked about supporting a referendum to raise taxes in order to fund park improvements or build an indoor multi-use facility, the resident's responses varied. RECREATION DEMAND TRENDS The following trends in the demand for recreation facilities provide insight into the need for furore recreational facilities in Columbia Heights. In general, participation in trail recreation is expected to increase and activities such as bicycling, jogging, pleasure walking, and pet walking will also continue to grow. The following trends are expected to have the greatest influence on urban parks and recreational facilities in the future: Activity and Service Trends · Demand for walking, running, and biking (urban activities) vs. hiking opportunities · Need for more interpretation and environment education · More athletic and special events (tournaments) · More elderly and special needs requiring barrier-free activities · Guided day hikes circular trails · Demand for picnicking and short term camping with related diverse recreation activities nearby (i.e. playgrounds, volleyball, and baseball) Facility Trends · Need for quality day use facilities (picnic area, athletic fields, and playgrounds) · Demand for top-notch urban fisheries 120 · Demand for multiple uses on all urban parklands Group areas/community centers for youth and community groups Increased concession operations and services provided · More facilities for larger groups · Adequate, well maintained picnic areas, sanitation, electricity-reasonably priced User and Use Pattern Trends including group areas with better services, · Greater minority and handicap use requiring higher development level and user information/education · Increasing use by a wider variety of ethnic and socio-economic groups · Minority, single-parent families needing a place to take part in activities, sports, etc. · More elderly as frequent day visitors at parks close to their home · Increasing use by the people not seeking traditional experiences (vandals, gangs) · More organized activities and day use · Less interest in environmental education since urban residents are so detached form the land and natural resources · More people seeking recreation closer-to-home, oriented opportunities Management Issues and Trends low-cost, low time-impact, with nature Increasing recreation demands beyond budget and staff capabilities Less and less people attuned to environmental knowledge and concern Increasing conflicts with adjacent urban interface-users recreating adjacent to residential areas, locating facilities near residential areas Increased numbers of people, more congestion, vandalism, and wear and tear of features and facilities Meeting the needs of low-income users with current trends of fewer appropriations, greater reliance on user fees, and contracts/partnerships, etc. 121 CONCLUSIONS AND MAJOR FINDINGS The following conclusions and findings were included in the 1996 Comprehensive Park System Plan: DEMOGRAPHICS To best meet the changing needs of the population, the City of Columbia Heights park system must be prepared to conform to the needs of the increasing elderly population as well as the increasing number of preschool children and young families in the area. It is also recommended. that the Recreation Department do its part to address the rising growth of non-traditional families by providing alternative activities to meet the needs of single-parent households. LAND DEVELOPMENTS To meet the needs of a completely developed urban area, the City of Columbia Heights must be willing to acquire additional land that is deemed beneficial to the park system. Besides the north and south end of Lomianki Park, the loss of any additional park space would prove to be extremely critical to the vitality of the park system. Possible future land acquisitions include a vacated lot for sale at 3932 Quincy Street, as well as the Kremer and Davis building at 3900 Jefferson Street. Since both these properties adjoin Huset Park, the acquisition of the properties would be beneficial to the redevelopment of Huset Park. RECREATION AND FACILITY TRENDS Besides demographics, the primary trend affecting parks and recreation is increased transportation. People are becoming more destination-oriented and are willing to travel to those places and/or communities that offer them the services they are seeking. With increased transportation, improvements in transportation routes (especially pedestrian-based) and ease of access (including handicap persons) are becoming more critical. Other projected trends include more group activities, improved group areas and picnic facilities, and close-to-home, low-cost recreation opportunities. TRAILS AND PATHWAYS A rapidly increasing trend, trails and pathways are becoming an essential component in linking parks to developments, people, and to the community. As recreation activities such as biking, running, walking, and inline skating increase, the need for an effective trail and pathway system in Columbia Heights becomes more of a priority. 122 ATHLETIC FIELDS While baseball needs are currently being met, the supply of softball fields within the City are unable to keep up with demand. The development of at least one or two additional fields or the possibility of a multi-use baseball/softball field should be explored. TENNIS COURTS According to inventory and data discussed earlier, the City also has an unmet demand for tennis courts. Although tennis use is decreasing, the only courts in decent condition are the courts at Sullivan Lake and the High School. However, it must be noted that the High School does not allow use of its courts when school is not in session, and this includes summer. To meet the needs of the community, it is recommended that one set of tennis courts be both repaired and resurfaced or redeveloped completely. PICNIC FACILITIES At this time, the City does contain many picnic tables located throughout the parks. However, the need for appropriate group picnic shelters and clustered picnic areas is increasing. The development of picnic shelters containing electrical hook-ups, water, and other amenities should be considered. WADING POOLS These recreational water facilities are a very popular park amenity but also very expensive. Taking current conditions into consideration, redevelopment of the pools or the possibility of exploring an alternative recreational water facility is a future necessity. OTHER OUTDOOR FACILITIES While some facilities such as basketball courts and ice-rinks continue to keep pace with demand, other facilities such as playground equipment, park buildings, and the band shell are aging and showing signs of deterioration. Replacement of these deteriorating facilities is considered a high-priority and has already begun to occur. A lightweight, portable stage may also be considered as a possible replacement for the band shell. INDOOR FACILITIES Currently all indoor recreation facilities are unable to meet demands. Even though outdoor recreation is the primary focus of the community, the need for appropriate and viable indoor recreation space is continuing to increase. If constructed, an indoor multi-purpose facility could be envisioned as a community center, containing meeting rooms, gymnasium space, a teen center, and special use activity rooms. 123 TRAIL SYSTEM The City of Columbia Heights does not have a comprehensive trail system. There are short perimeter paths at Sullivan Lake, LaBelle and Kordiak Parks; however, these are the only recreation trails within the community. Considering the current and furore recreational needs of the citizens of Columbia Heights, the development of a comprehensive trail system is a high priority. There are many opportunities within Columbia Heights to increase the accessibility and circulation of pedestrian, bicycle and other non-motorized modes of transportation. Most of these opportunities occur along existing transportation routes and must be carefully designed and implemented into the existing transportation framework. The development of any trail element within a fully developed community such as Columbia Heights will have to accommodate safe and convenient use by pedestrians and other modes of transportation without compromising motorized transportation choices. Increasing pedestrian movement, and accessibility within the community will enhance the linkages between various areas, including the areas targeted for redevelopment. These linkages will also enhance the overall image of the City while encouraging the use of alternative modes of transportation. PARK AND OPEN SPACE GOALS, POLICIES AND IMPLEMENTATION STRATEGIES The following park and open space goals have been developed for Columbia Heights. Each goal includes munbered policies and bulleted implementation strategies that correspond to each of the policies. Goal: Promote parks and trails as essential elements of a broader strategy to provide fiscal strength, encourage private economic growth, improve community image and enhance the quality of life in Columbia Heights. 1. Maintain, improve, and redevelop the system of parks within the community. * The City will maintain and replace existing park facilities as needed. · The City will utilize location deficiencies to prioritize needed park system maintenance and improvements within the community. The City will continue the on-going development of the system by identify non-park lands adjoining existing parks for possible acquisition as well as isolated parcels of existing non-usable parkland for disposition. · The City will utilize the capital improvement program to fund park improvement and redevelopment throughout the community. 124 Goal: Maintain and improve the system of trails within the community. The City will create a well-defined system of trails and sidewalks linking all municipal parks and major activity areas throughout the community to encourage non-vehicular transportation, afford access to all municipal parks, provide a connection to the regional park and trail system, and serve as an additional community-wide recreation facility. The City will prioritize proposed trail segments and existing trail system upgrades throughout the community. The City will utilize the capital improvement program to fund trail system' development and improvement throughout the community. Promote a sense of ownership in the community's parks to enhance. The City will utilize volunteer labor for park upkeep and general maintenance as appropriate in order to enhance the sense of ownership and pride within the park system. · The City will explore the feasibility of creating an "adopt a park" program. · The City will encourage plantings and other landscaping, endeavors within parks by citizens and neighborhood groups when done in accordance with City-approved plans. · The City will encourage public involvement in the decision-making process through public meetings and the development of master plans for individual parks. Utilize master planning for park redevelopment projects. The City will prepare a master plan for the redevelopment of Huset Park as a central focus point of the community in conjunction with the Overall Community Center project. · The City will develop flexible master plans for each park that address the current and future needs of the community and the neighborhoods served. Encourage the development and maintenance of a unified parit system and cooperative recreational programs. Coordinate park planning and development activities with adjacent communities, the school district, Anoka County and State agencies to provide the highest level of service while eliminating duplication of efforts. · The City will coordinate park and open space facility development and funding with appropriate organizations and agencies. 125 The City will coordinate program development and implementation with the other recreation providers in the community, including the community education program. The City will consider the feasibility of appointing a Parks Director/Planner to oversee the maintenance, upkeep, development and redevelopment of the entire park system. Goal: Provide a safe, flexible and attractive park and open space system based on community characteristics, changing demographics, and overall needs. 1. Maintain standards for all parks to provide safe and attractive facilities for all residents. · The City will utilize park classification and development standards to identify needed park facility improvements throughout the community. · The City will develop maintenance standards for all municipal park facilities based on the intensity of use and the purpose/classification of the park. The City will review the subdivision regulations, and amend them if needed, to ensure that adequate park and trail dedications are required during the platting of property for deVelopment or redevelopment. Rely on current community characteristics and trends when developing park facilities and recreation programs. The City will monitor changing population trends, obtain public input, and assess park use on an on-going basis to provide an up-to-date and flexible system of activities and programs. · The City will consider demographic changes as well as location deficiencies when establishing park system redevelopment priorities. Provide a park and open space system that serves the wide-ranging recreation and leisure needs of the community's residents. · The City will explore the feasibility of developing additional softball and/or baseball field(s) within the community. · The City will explore the feasibility of developing and/or redeveloping/repairing tennis courts in municipal parks throughout the community. · The City will explore the feasibility of developing picnic shelters and/or clustered picnic areas with electrical hook-ups, water and other amenities in community parks. 126 ~" 4. Enhance recreational opportunities for the community's youth. o Goal: 1. The City will work with the school district to identify appropriate recreation programs and needed facilities for the community's youth population. · The City will explore the need for a joint youth activity center/library/community center facility within the community. · The City will explore the need for and feasibility of a wading pool or similar facility within the community. Preserve and protect natural features and resources in existing parks and when planning and redeveloping park and recreational facilities. · The City will develop standards for protection of natural features in the development of new park facilities within the community. · The City will coordinate park planning and storm water management efforts to preserve the quality of water resources within existing parks and open space areas. · The City will accommodate sensitivity and understanding of adjacent land uses in park and facility planning. · The City will take appropriate actions to bring Silver Lake to swimming and fishing quality as defined by the Minnesota Department of Natural Resources. Fund park and recreation facilities in an effective and equitable manner. ' Provide municipal park and open space facilities in a cost-effective manner. · The City will consider long-term maintenance costs as well as initial investment costs when considering facility design and redevelopment. · The City will prepare and maintain a long-range capital improvements program for all park, trail and open space facilities. · The City will identify a long-term funding source for the development, redevelopment and maintenance of all park system facilities. Promote alternative funding sources for park and recreational facilities and programs within the community. · The City will explore the possibility of soliciting contributions from private organizations and corporations in the community, including the development of a "gift catalogue" which would identify needs within the system and associate costs. 127 The City will explore the feasibility of a referendum bond issue for park redevelopment, including upgrades and improvements to existing facilities, the possible acquisition of additional land, and the possible development of an indoor recreation facility. The City will assess reasonable charges for specialized recreation facilities and programs when those participating benefit directly. The City will assess rental fees for recreation and leisure facilities as determined by the City Council. The City will assess a general non-resident fee to all non-residents participating in Columbia Heights recreation programs excluding mutually sponsored events and other special occasions. The City will utilize volunteer labor as appropriate for park upkeep and general maintenance. The City will explore sources and apply for county, state, and federal grants consistent with City policies to maintain and improve the park and trail system, such as the Land and Water Conservation Fund (LWCF), the Legislative Commission on Minnesota Resources (LCMR), the Tree Trust, and the Urban Park and Recreation Recovery program (UPARR). The City will develop a strategy for creating park and recreation activities and programs that generate revenue to be used to support park program improvements. FUNDING SOURCES The following is a discussion of funding sources for park system development and redevelopment. The Land and Water Conservation Fund (L WCF) is a federal program that supplies matching grants (50/50) to states and localities for recreation planning, public land acquisition and the development of outdoor recreation facilities. It is administered by the Minnesota Department of Natural Resources (DNR) and the Department of Trade and Economic Development (DTED). Applications for grants are due in the fall, with recipients being notified in late winter. The criteria used to rank the applications change periodically. The Legislative Commission on Minnesota Resources (LCMR) is an organization that administers three state funds intended to assist with innovative projects that enhance natural resources. Projects are funded on a two-year basis and need to have a specified beginning and ending date. LCMR accepts applications biennially with competition for these grants remaining quite high. 128 The Tree Trust is a private, non-profit organization that administers job programs funded by grants from the federal government. The summer youth employment is a resource available to local governments and other non-profit agencies. The Tree Trust provides labor and supervision, while the local government provides tools and materials. Eligible projects include tree planting, landscape maintenance, construction of retaining walls, construction of pedestrian bridges, and similar projects; however, the project must involve a minimal use of power tools. The projects for a given year are typically determined in March; therefore, work requests need to be made well in advanced. The Urban Park and Recreation Recovery (UPARR) is a federal funding source that supplies matching grants to local governments for the rehabilitation of recreation areas and facilities and the demonstration of innovative approaches to improve park system management and recreation opporttmities. The grants range in size from 50 percent to 70 percent of project costs and are administered through the National Park Service. Eligibility is based on need, economic and physical distress, and the relative quality and condition of urban recreation facilities and systems. 129 ECONOMIC DEVELOPMENT PLAN INTRODUCTION The City of Columbia Heights has a strong commitment to improving the economic diversity and business vitality within the community. The community is strategically located just north of downtown Minneapolis, with direct access to the regional transportation system via TH 65 (University Avenue) and TH47 (Central Avenue). In an effort to strengthen the community's tax base and foster economic growth, the City has established an Economic Development Authority (EDA) and developed strategies to promote development and redevelopment. The primary goals of the EDA are: 1) retain and expand existing businesses and industries; 2) diversify the community's economy; 3) strengthen the community's tax base; 4) recruit new businesses and industries; and 5) create high quality jobs. The EDA also recognizes the importance of providing convenient goods and services to the existing residents of the community, including transportation services that link residents with jobs in the community. The 1990 Census indicated that the majority of jobs in Columbia Heights were within the retail trade and services industries. The Metropolitan Council projects that the number of jobs within the community will increase from the 1998 estimate of 5,640 to a 2020 projection of 6,300. This represents an increase of 11.7 percent, and provides the City with an opportunity to encourage development of businesses and industries that will contribute social, economic and aesthetic value to the community. STRATEGIC PLANNING PROCESS In 1995, the City of Columbia Heights adopted a strategic planning process aimed at defining what the community could realistically become and mapping out implementation strategies to make it happen. During the process, five issues of major concern to the community were identified: business environment, quality neighborhoods, capital improvements, City organization and City service delivery. Performance objectives were also identified for each of the five issues, which were then assigned to the City's various departments. The business environment issue identified in the strategic plan states, "promote an economically vital business environment and diversified tax base." The plan also provides clarification of this issue that states, "The economic stability of our community depends, in part, on a stable and diverse tax base. To achieve this, we need to maintain the quality of housing stock, and to promote reinvestment in properties by the commercial and industrial sectors." The following performance objectives are also included: 1) improve the appearance of commercial/industrial districts; 2) improve relations between the business community and the City; and 3) update business regulation policies. 130 ECONOMIC DEVELOPMENT AUTHORITY In early 1996, the City established an Economic Development Authority (EDA) to provide additional statutory authority for development and redevelopment efforts within the community. The fundamental purpose of the EDA, as stated in the resolution establishing the EDA, is as follows: "It is found and determined by the City Council that the encouragement and financial support of economic development and redevelopment in the City is vital to the orderly development and financing of the City and in the best interests of the health, safety, prosperity, and general welfare of the citizens of the City." There are seven members of the EDA, including the Mayor, four City Council members, and two members from the community at- large. With the establishment of an EDA, all of the programs and responsibilities of the Housing and Redevelopment Authority (HR.A) were assumed by the EDA. The powers of an EDA are more encompassing than the powers of an HRA; however, all of the powers of the HRA were retained by the EDA during the transformation process. BUSINESS BASE As part of the City's Business Retention and Expansion Program, the City hired Community Resource Partnerships, Inc. (CRP) to survey businesses in the community. Between August 1997 and March 1998, CRP designed and conducted an intensive survey directed at every business operating in the City of Columbia Heights. A total of 301 firms, employing a total of 3,815 employees, completed the survey. This represents approximately 93 percent of all firms in the community. The following is a summary of issues identified through the survey process: Overall business optimism is high. · Columbia Heights' business mix is similar to other North Metro area communities with perhaps a few more service-oriented businesses. · Most businesses are satisfied with the majority of City services; however, a variety of signage, parking, traffic and other issues were raised. · Graffiti and vandalism are perceived to have gotten worse over the past two years. · Fourteen percent expressed a high priority need for better facilities. · Many complain of a lack of available land or facilities. · Strong demand for employees, particularly skilled workers. · Many firms have plans to make capital improvements to building and/or equipment. · Most sell a majority, if not all, of their goods and services locally. 131 · The area still has a core group of base building industries. · A number of firms have plans to expand their markets geographically. · Relatively few sell internationally. · Many firms see the need for internally enhanced management and marketing skills. · Seventeen companies are currently overcrowded in their existing space. · Roads are the most frequently noted as "important" location factor. · Most plan to stay for five or more years, but a significant number of firms in all sectors indicate potential mobility. · Significant support is given for a Columbia Heights Chamber of Commerce. · Significant willingness to share expertise and to serve on area advisory bodies. FUNDING SOURCES AND PROGRAMS TAX INCREMENT FINANCING In 1997, the City established two tax increment financing (TIF) districts. Housing District No. 1 was established to rehabilitate older homes and includes 55 scattered single family housing sites .throughout the community. Housing District No. 2 was established to assist with the development of a three story, 70 unit independent living senior housing apartment building. There are also four redevelopment TIF districts, one economic development TIF district and one pre-1979 TIF disu'ict in Columbia Heights. BUSINESS REVOLVING LOAN FUND The business revolving loan fund program is administered by the EDA. This fund provides low interest loans to businesses for equipment and facilities. FIRST TIME HOMEBUYERS PROGRAM The City of Columbia Heights also has a first time home buyer program through the Minnesota Housing Finance Agency's (MHFA) Minnesota Cities Participation Program (MCPP). The funds under this program are provided to qualified first time homebuyers within income guidelines to purchase an existing home for under $95,000. Funds are applied for through participating lenders. 132 ANOKA COUNTY COMMUNITY BLOCK GRANT PROGRAM The Community Block Grant Program (CDBG) is funded yearly through the Anoka County CDBG Entitlement program and is administered by the Community Development Department on behalf of the City. Community development and housing projects funded through this program include Head Start, public service activities, commercial revitalization and housing revitalization. A portion of allocated CDBG funds are allocated for a Housing Rehabilitation Grant/Loan program. This program is used to assist Iow to moderate income homeowners with repairs needed for their homes. The Grant/Loan is deferred 10 percent annually, up to a 50 percent deferment. The remaining 50 percent of the loan is payable when the property transfers title. MINNESOTA HOUSING FINANCE AGENCY LOAN PROGRAM The Columbia Heights'EDA administers three MHFA loan programs: The Great Minnesota Fix- Up Fund; the Home Energy Loan, and the Fix-Up Fund Accessibility Loan. TRANSIT-RELATED DEVELOPMENT TAX INCENTIVE Commercial/industrial properties located within one-quarter mile of a frequently operated transit line (University Avenue, Central Avenue, 44th Avenue, 40th Avenue and 37th Avenue east of Johnson Street) are eligible for a property tax reduction. The purpose of this incentive is to concentrate employment to a greater degree along fixed route transit. ECONOMIC DEVELOPMENT GOALS, POLICIES AND IMPLEMENTATION STRATEGIES The following economic development goals have been developed for Columbia Heights. Each goal includes numbered policies and bulleted implementation strategies that correspond to each of the policies. Goal: Enhance the economic viability of the community. Encourage the continuation and enhancement of existing businesses within the community. The City will facilitate the redevelopment of the University Avenue and Central Avenue corridors in a manner that is compatible with and supportive of transit and transit-related land use patterns. · The City will support efforts to revitalize 40th Avenue between University and Central to ensure its lasting success as part of a mixed-use Community Center. · The City will support efforts to sustain and enhance the commercial district at 37th Avenue and Stinson Boulevard. 133 The City will support efforts to strengthen the economic viability of the downtown core (40th and Central Avenue). The City will support the creation of a mixed-use planned development district with oppommities for small scale retail, services and diverse residential housing types connecting the proposed Community Center with the 40th and downtown core. The City will explore the feasibility of creating additional commercial retail areas based on land use specialization, including "big box" and pedestrian oriented development types. · The City will continue to identify measures that will protect private commercial property from vandalism, loitering, graffiti and other nuisances. Encourage the continuation and enhancement of existing industries within the community. · The City will continue to encourage the expansion of existing industrial businesses in the community. · The City will support efforts to upgrade the appearance of the industrial area in the southwest area of the community. The City will research the feasibility of upgrading the infrastructure within the industrial area in the southwest area of the community, including roadways and storm sewer. The City will identify potential brownfield sites within the community and apply for available grants when needed to fund polluted site cleanups for private redevelopment. Improve the appearance of commercial and industrial districts throughout the community. · The City will continue to assess areas needing physical appearance upgrades through the use of a windshield survey. · The City will identify program(s) that provide fmancial assistance to owners of properties in need of physical improvements. The City will utilize a Livable Communities Demonstration Account grant to fund physical improvements along the Central Avenue corridor from 37th Avenue to 42nd Avenue. · The City sill support redevelopment efforts that include high quality exterior appearances and site design. · The City will amend the zoning ordinance to strengthen site design and architectural standards for commercial and industrial development and redevelopment efforts. 134 Goal: 1. Promote reinvestment in properties by the commercial and industrial sectors. Improve relations between the City and the business community. The City will continue to promote economic development activities and projects in the community through the City's Economic Development Authority. · The City will continue to review policies affecting the operation of businesses in the community and recommend changes as needed. · The City will maintain membership and communication with the Columbia Heights and Southern Anoka County Chambers of Commerce. Promote high quality development and redevelopment oppommities within the community. The City will continue to maintain a list of commercial and industrial properties available for sale or lease within the community, and make the information readily available to potential developers. · The City will develop criteria to judge the merit of development and redevelopment proposals within the community. Where feasible, the City will acquire or enter into partnerships with owners/developers of sites that are obsolete, contaminated or in need of redevelopment and/or reinvestment. · Where feasible, the City will acquire and demolish substandard structures along Central Avenue to encourage redevelopment in this area. · The City will actively promote the redevelopment and revitalization of commercial and industrial properties in the community through the use of CDBG funds. Encourage existing industries and businesses to expand within the community. · The City will support the expansion and improvement of the existing infrastructure to meet projected industrial, commercial and residential service requirements. · The City will discourage industrial development with excessive nuisance characteristics. · The City will utilize the results of the Introduction to the Business Base (1998) study to address concerns of the business community. 135 Goal: 1. The City will continue to meet with existing industries and businesses to identify future needs, expansion plans, site limitations (if any) and available funding resources. The City will encourage the retention and expansion of existing business and industry though development and implementation of a marketing plan. Provide a wide variety of employment opportunities within the community Improve the quality and quantity of local employment opportunities. · Support the redevelopment and expansion of the southwest industrial area to provide oppommities for the creation of higher wage jobs and to enhance tax capacity. · The City sill support redevelopment efforts that include high quality exterior appearances and higher wage jobs. Encourage the creation of high quality jobs within the community. The City will identify key industries and businesses to recruit that complement the existing industries and businesses, are environmentally sound, and provide high quality jobs for Columbia Heights residents. The City will research the feasibility of using technological capabilities to attract new businesses to Columbia Heights. The City will collaborate with agencies that provide education, skill training and job placement to ensure that Columbia Heights provides a sound base of qualified employees for its employers. 136 12. INTERGOVERNMENTAL COOPERATION PLAN INTRODUCTION The City of Columbia Heights recognizes the value of intergovernmental cooperation as a way to foster relationships, reduce or eliminate duplication .of efforts, and increase the efficiency of providing services to its residents. The City currently purchases water from the City of Minneapolis rather than drilling its own wells, provides police protection and building inspection services to the City of Hilltop, and cooperates with adjacent communities in the' management of surface water. INTERGOVERNMENTAL COOPERATION GOAL, POLICIES AND IMPLEMENTATION STRATEGIES The following intergovernmental cooperation goal has been developed for Columbia Heights. The goal includes numbered policies ahd bulleted implementation strategies that correspond to each of the policies. Goal: Support intergovernmental efforts that benefit the community. 1. Continue participation in organizations that promote intergovernmental cooperation. 2. Promote efforts to increase efficiency in the provision of municipal services. The City will continue to provide police protection and building inspection services to residents in the City of Hilltop, if feasible. · The City will continue to cooperate with adjacent communities on the management of storm water and the creation of regional ponds. The City will continue to purchase water from the City of Minneapolis · The City Columbia Heights will 'work with the City of Minneapolis regarding the future of the Minneapolis Water Works property. · The City will explore the feasibility of merging with the City of Hilltop. 3. Maintain communication and cooperation with other governmental agencies. · The City will continue to cooperate with the Metropolitan Council and proactively participate in issues of regional significance that strengthen the quality of life for residents of Columbia Heights and the Twin Cities Metropolitan Area. 137 The City will continue to cooperate with the Metropolitan Council on improving the efficiency and delivery of services under the jurisdiction of the Metropolitan Council. · The City will continue to cooperate with State agencies such as the Department of Natural Resources, Department of Transportation and the Pollution Control Agency. · The City will continue to cooperate with Anoka County and Independent School District 13 on issues of importance and interest to the residents of Columbia Heights. 138 13. IMPLEMENTA TION PLAN INTRODUCTION This Comprehensive Plan articulates a common vision for Columbia Heights and establishes a framework for guiding development and redevelopment within the community. Ensuring the success of this vision requires an implementation strategy that takes full advantage of the regulatory and fiscal tools available to the City. These tools include the City's official controls, the housing action plan, the capital improvement program (CIP) and other City programs and actions. This chapter summarizes the key implementation strategies found in the individual plan elements and describes how regulatory and fiscal tools can be used to help the City achieve the vision outlined in the Comprehensive Plan. These implementation strategies should be reviewed periodically to ensure that emerging issues and oppommities are addressed in a manner consistent with the Comprehensive Plan. OFFICIAL CONTROLS Official controls are ordinances and regulations that control the physical development of the City, including the zoning ordinance, subdivision regulations, official maps and other regulations. These controls are used to implement the land use plan and other aspects of the Comprehensive Plan related to the use of land. ZONING ORDINANCE The City's zoning ordinance is the single most effective tool used to implement the land use plan and related goals of the Comprehensive Plan. A zoning ordinance provides for the categorization of land into specific districts or zones and establishes criteria for each district in an attempt to minimize land use conflicts and ensure economic stability. Since this regulatory tool is used on a daily basis to regulate the private use of land, the ordinance needs to be kept up to date and be responsive to the needs of the community. The City's current zoning ordinance was adopted in 1974. Although the zoning ordinance has been amended since then, the entire zoning ordinance will be reviewed and amended as needed to effectively implement this Comprehensive Plan. In particular, the City will amend the zoning ordinance to: Create a Mixed Use Development District. The purpose of this district would be to provide areas for mixed-use pedestrian oriented development along Central Avenue, University Avenue, and adjacent to the Community Center on 40th Street. Traditional zoning has come under pressure in recent years for not allowing enough flexibility in the physical design of development and redevelopment. Specifically, traditional zoning minimizes the ability to 139 establish mixed-use districts or zones that take advantage of the often-symbiotic relationship between commercial and residential land uses in urban areas. The zoning ordinance will be updated to reflect and promote the City's desire to create mixed-use pedestrian oriented development that encourages a combination of commercial, retail and residential uses that will strengthen and unify key areas of the City. Establish design standards that would apply to the construction, alteration or expansion of any commercial, industrial or multiple family property. These design standards would require high quality exterior finishes, building additions consistent with the original architecture, landscaping of parking areas and boulevards, landscape islands within parking lots, screening of rooftop and ground level mechanical equipment, location of loading areas at the rear or side of buildings, screening of trash handling equipment, downcast lighting, maximum impervious surfaces for redevelopment sites, screening of parking lots and loading areas, screening of higher intensity uses from lower intensity uses, and other site- specific treatments. These standards would be applied on a site-by-site basis to all new development and would be applied proportionately when existing properties were altered or expanded. · Modify the City's existing sign regulations to ensure uniformity, encourage creativity and update the current regulations. Establish site plan review criteria and create a staff-level development review committee. This committee would review and comment on all commercial, industrial and multiple family development proposals, with comments being incorporated into staff reports for proposals needing Planning Commission and/or City Council approval. Establish sediment and erosion control requirements for all development activities that involve disturbance of ground cover and have the potential for erosion. The purpose of these requirements would be to prevent erosion on site and prevent materials from being washed on to adjacent properties, into water bodies or on the public right-of-way. Update the floodplain overlay district requirements to reflect current conditions and bring the City into compliance with the Minnesota Department of Natural Resources' requirements. · Create a shoreland management overlay district to bring the City into compliance with the Minnesota Department of Natural Resources' requirements. Create provisional uses for each zoning district. The purpose of provisional uses is to identify uses that are appropriate for a zoning district if specific provisions are met. By creating this category of uses, the number of requests requiring conditional use permits and a public hearing process would be reduced and the approval process would be streamlined. 140 Update other sections of the zoning ordinance as needed to introdUce flexibility, eliminate barriers to redevelopment, allow the use of solar access collection apparatuses, protect historically significant buildings and places, and streamline the development and redevelopment process. Rezone the entire community based on the adopted land use plan and adopt a new zoning map. All developed areas would be rezoned so that non-conforming uses could be identified. SUBDIVISION ORDINANCE The City's subdivision ordinance is also an effective tool to achieve the goals of the Comprehensive Plan. This ordinance includes standards for the layout of parcels for private development and the dedication of land for public fight-of-way and parks. The City's current subdivision ordinance was also adopted in 1974. Because the City is fully developed, changes to the current subdivision ordinance will have little affect on implementation of the Comprehensive Plan. However, the entire subdivision ordinance will be reviewed and amended as needed to eliminate barriers to redevelopment throughout the community. OFFICIAL MAPPING Official mapping is another regulatory tool that the City can use to indicate the City's intentions regarding the location of future roadways and preserve fight-of-way. Official mapping also puts property owners and developers on notice as to the City's intentions and prohibits additional investment within the future fight-of-way that would future encumber the property and be contrary to the City's plans. While there is no need to officially map any right-of-way at this time, the City should keep this tool in mind if the need arises in the future. HOUSING ACTION PLAN The Housing Plan sets forth a framework to achieve a variety and mix of housing types and styles meeting the demand for single-family, multiple-family and affordable residential opportunities. Implementing the Housing Plan and ensuring its success relies on achieving many of the complementary land use and redevelopment goals presented in the Comprehensive Plan. The key housing implementation strategies include: · The City will continue to identify strategies to provide a more flexible and balanced housing supply. The City will promote the development of medium-density owner-occupied and rental housing for empty nesters and other households seeking smaller more affordable housing options. Units vacated by these households will then provide new housing opportunities for larger households seeking move-up housing types. 141 · The City will publicize available housing programs to increase participation in the programs and disseminate information about housing issues and opportunities within the community. · The City will target opportunities for the development of move-up housing types within the community. · The City will maintain an inventory of vacant and deteriorating housing stock and make this list available to potential developers to enhance the redevelopment opportunities of the City. · The City will acquire and demolish the most seriously deteriorated single-family homes and work with the private sector to develop replacement housing. · The City will continue to use such tools as revenue bonds, tax increment financing, Community Development Block Grants and other public funding sources as may be available to assist in the development, redevelopment and improvement of housing in Columbia Heights. · The City will develop a point-of-sale housing code to ensure the structural and mechanical integrity of single-family housing units prior to sale. · The City will continue to enforce the Uniform Building Code as it applies to single-family and multi-family housing. · The City will strictly enforce its housing maintenance and nuisance regulations to protect residential property values. · The City will pursue a variety of funding opportunities, such as the Livable Communities Demonstration Account, to aid in the creation and enhancement of diverse housing opportunities. · As opportunities arise, the City will acquire and assemble residential lots for the purposes of developing infill housing. · The City will amend the zoning ordinance to introduce flexibility and encourage the development of a variety of life cycle housing options. · The City will enforce high development standards for all multiple-family housing projects, including building massing, parking location, access, traffic impact, landscaping, exterior architectural design, screening, trash handling and parking ratios. 142 PROJECT-SPECIFIC IMPLEMENTATION STRATEGIES Implementing the Comprehensive Plan also requires other strategies that do not fall into any of the above categories. These implementation strategies are specific actions or projects that will be undertaken by the City to achieve the goals of the Comprehensive Plan. The City will prepare a district plan for the Community Center area that incorporates Huset Park, local government facilities, community facilities, residential development and complementary commercial development. This plan will link the area near the current City Hall with commercial opportunities along the Central Avenue corridor, and provide redevelopment opportunities along 40th Street. The City will develop a district plan to facilitate the redevelopment of the Central Avenue corridor, focusing on the Central Avenue/40th Street commercial node. This plan will incorporate streetscaping elements, public art and other design amenities and will create a friendlier and safer downtown for both residents and visitors. The plan will also encourage mixed-use commercial and residential development that is transit-oriented, pedestrian friendly and supports the new Metro Transit Hub at the intersection of Central Avenue and 41 st Street. The City will develop a district plan to facilitate the redevelopment of the University Avenue Corridor. This plan will incorporate streetscaping elements and well-designed transit stations. The plan will also encourage high-density residential development that increases pedestrian traffic, encourages commercial activity and supports the use of transit. The City will develop a district plan to facilitate the redevelopment of the Southwest Industrial Area and encourage the expansion of existing industries and attract new and innovative industrial uses. This plan will identify strategies to increase tax capacity, create higher wage jobs, mitigate brownfield sites, eliminate land use conflicts at the edges of the area and enhance infrastructure in the area. The plan will also identify funding sources, including Tax Increment Financing (TIF), Department of Trade and Economic Development (DTED) Redevelopment Grants and Metropolitan Council Livable Communities Demonstration Account funds for the redevelopment in this important industrial area. The City will develop a community beautification program that will include identifying significant entrances into the community and developing appropriate signage for these areas, identifying appropriate areas throughout the community for the display of public art, developing a streetscape theme for the primary corridors in the community (Central Avenue, University Avenue, and 40th Street), developing a uniform pedestrian-oriented signage plan for the downtown area (Central Avenue/40th Street) and the Community Center area, and creating buffer areas between dissimilar uses. The City will develop a detailed pedestrian and bicycle circulation plan that ensures safe non-motorized connections between neighborhoods, community parks, transit hubs and commercial areas throughout the community. This plan will address connections to the 143 regional park and trail system as well as the location of routes, including both bicycle and pedestrian routes along the Central Avenue, University Avenue and 40th Street corridors. The plan will also identify funding sources for the development of the non-motorized circulation system. The City will develop a master plan for each park that addresses current needs of the population served, future needs, and funding sources for proposed improvements. The plans will utilize park classification and development standards to determine needed improvements and maintenance standards. The City will establish a public relations campaign to promote the high quality public schools, available residential opportunities, transit connections, community pride and other strengths of the community that contribute to its quality of life. The City will continue to work cooperatively with the City of Hilltop to address physical appearance and other issues of interest to both communities. The City will continue to explore the feasibility of establishing a storm water utility to provide funds for the construction of regional storm water facilities. The City will continue to work with and cooperate with other governmental units and agencies on issues that are of interest and/or benefit to the residents of Columbia Heights. CAPITAL IMPROVEMENT PROGRAM Another tool for implementing the Comprehensive Plan is the City's capital improvement program (CIP). The purpose of a CIP is to provide all of the information, rationale and financial analysis necessary to make sound financial decisions about how to best implement the Comprehensive Plan. A CIP is an itemized program for a five-year period, setting forth the schedule, timing and details of specific contemplated capital expenditures. For each action, the year of development and the estimated cost are shown, along with the source of funding. Capital improvements within the City of Columbia Heights will focus on routine maintenance and the replacement of the City's major public facilities. As a fully developed City, Columbia Heights does not foresee any major new construction of facilities over the next 20 years; however, the City's infrastructure - streets, sanitary and storm sewers, parks, schools and other public structures - must periodically be improved and repaired. The City's capital improvement program for 2000-2004 is included in Appendix D. Approximately, 10.25 million dollars have been targeted for improving the open space, structural and water related improvements in Columbia Heights until 2004. An additional $110,000 a year is necessary to provide annual maintenance to the sanitary and storm water systems. While the City of Columbia Heights has traditionally developed a five year CIP, this document will be updated on an annual basis in the future to respond more quickly to changing needs and resources 144 FISCAL TOOLS The City also has other fiscal tools at its disposal to implement the Comprehensive Plan. The methods used to finance infrastructure and other public improvements can influence how development and redevelopment occur within the community. Taxes, special assessments, tax increment financing, and state and federal aid programs are some of the fiscal tools available to the City. These tools can be applied on a case-by-case basis to help achieve the goals of this Plan that require financial expenditures. PROPERTY TAXES Property taxes are the primary revenue source for local governments. Tax rates apply uniformly to all property in the City regardless of what the property creates in terms of costs or benefits to the community. For this reason, property taxes are usually used to fund City-wide projects and operations. SPECIAL ASSESSMENTS Special assessments allow the City to levy the costs of specific improvements against the properties that directly benefit from these improvements. Special assessments are traditionally used-for infrastructure improvements, including roadways, sanitary sewer, storm sewer and water mains. USER FEES User fees are payments collected for services, licenses and permits from the user of the service. Payments made to enterprise funds, such as water, wastewater and garbage utility funds, are also classified as user fees. These fees are used to cover capital costs, operation and maintenance costs, and administrative costs. User fees are usually used by the City to fund activities that directly benefit the payer of the fee. TAX INCREMENT FINANCING Tax increment financing (TIF) allows communities to finance the cost of certain types of development or redevelopment. This type of financing works by capturing the increased property taxes that the new development generates in order to repay the up-front improvement costs. Columbia Heights currently has two housing T1F districts, four redevelopment TIF districts, one economic development TIF district and one pre-1979 TIF district that are active. ACTION PLAN The actions needed to implement the Comprehensive Plan will take several years. For this reason, the City of Columbia Heights will set priorities and develop an annual action plan that addresses which strategies will be undertaken in the upcoming year. 145 APPENDIX A Housing Goals Agreement Metropolitan Liveable Communities Act Principles ../ HOUSING GOALS AGREEMENT METROPOLITAN LIVEABLE COMMUNITIES ACT PRINCIPLES PRINCIPLES: The City of Columbia Heights supports: 1) The developmen£ of housing types for people in all stages of the life cycle, with particular emphasis on additional senior housing opportunities and owner-occupied housing that is more consistent with meu'opolitan/suburban average va/ues. 2) Housing redevelopment activities that promote a balanced housing stock within the Metropolitan Council's benchmark ranges of affordability, life style, and density. 3) Principles that assure that the City's various housing program~ cOntinue to accommodate people at all income levels, rac/al groups, or ethic backgrounds. 4) The promotion of redevelopment activities that diversify, the tax base, maximize land use utilization, and at the same time respect the natural environment. 5) Aa emphasis on housing activities that serve to rehabilitate the vast owner-occupied-affordable housing resources already existing in the city. 6) Where feasible, establish rental rehabilitation program.~ aimed at stabilizing and improving the Conditions of the vast affordable rental housing resources a/ready existing in the city. GOALS: To carry out the aboVe housing principles, the City of Columbia Heights agrees to use benchmark indicators for communities of similar location and state of development as affordable and life-cycle housing goals for the period 1996 to 2010, and to make its best efforts, e,..~.given market conditions and resource availability, to maintain an index within the benchmark ranges for afford,ability, life-cycle and Jensity. Affordability Ownership 96% 77-87% 86% Rental 58% 45-50% 49% Life-Cycle Type (Non-Single Family Detached) 36% 33-41% 38% Owner/Renter Mix 68/32% (64-75)/ 75/25% (25-36)% Density Single-Family Detached 4.0/acre 2.3-2.9/acre 3.9/acre Multi family 22/acre 13-15/acre 21/acre To achieve the above goals, the City of Columbia Heights elects to participate ia the Metropolitan Liveable Communities Act Local Housing Incentives Program and will prepare and submit a plan to the Metropolitan Council by/une 30, 1996, indicating the actions it will take to carry out the above goals. ~CERTIFICATION Date APPENDIX B Consistency Confirmation (Six Cities Watershed Management Organization and Rice Creek Watemhed District) RECEIVED SEP 2 9 2000 PUBLIC WORKS 784-6-/oo Blaine 788-9221 Co]ui~a He/shts 75s-2aeo Coon Rapids ~- 345o · Fridley sT~ - 2n2.3 HillTop ~-c~ Spring Lake ~rk SIX CITIES WATERSHED ~NAGEMENT OR~ANI~TION MEETING 1 Minutes of September 21,2000 APPROVE BUDGET 2001 RESOLUTION: MOTION by Gatlin, seconded by Hansen, t© approve Resolution No. 00-01 establishing budget for 2001 in the amount of $24,000. Approved unanimously. SPRINGBROOK NATURE CENTER STUDY: Members discussed the effects of the completion of Spdngbrook Resources Phase I and authorized a letter of support for Phase II grant application by City of Fddley. SPRING LAKE PARK STREET IMPROVEMENT PROJECT: A draft Local Surface Water Management Plan has been completed and will be submitted to each city and to Six Cities WMO engineer for review. The Plan addresses means to limit storm water discharge as streets are improved. WMO BOUNDARY FLOW DATA: Members agreed to have each city forward to Engineer Lobermeier record drawings and data relative to facilities that are in place and serve as cdteria for flow identification between communities. URBAN SMALL SITE BMP MANUAL: The task force of which Six Cities WMO representative Haukaas is on has selected BARR to prepare the manual. COLUMBIA HEIGHTS WATER RESOURCES MANAGEMENT PLAN (WRMP): Members discussed Engineer Lobermeiers's comments to Columbia Heights regarding the plan. MOTION by Lenthe, seconded by Rhein, to approve the Columbia Heights WRMP subject to consideration of Engineer Lobermeier's comments dated September 21, 2000. Approved unanimously. 10. 11,' CHAPTER 382, LAWS OF 2000: Members reviewed attorney communication of June 20, 2000, regarding the laws of 2000. Attorney suggests that the WMO is compliant with the law. CORRESPONDENCE: The Chair reviewed the following correspondence: A. BWSR Meeting Minutes June 29, 2000 SIX CITIES WATERSHED MANAGEMENT ORGANIZATION MEETING Minutes of September 21,2000 C:',E. NGINEER~ClTIES~000\MinutesOg21.doc 2 B. C. D. E. BWSR 2002-03 Challenge Grants BWSR Meeting Minutes July 26, 2000 WCA Rules and DNR Public Waters Rules ACSWCD River Stewards 12. OTHER BUSINESS: MOTION by Hansen, seconded by Rhein, to hire Cummings, Keegan & Co., PA as auditor for 1999. Approved unanimously. 13. ADJOURNMENT: The meeting was adjourned at 2:40 p.m. The next meeting is scheduled for November 9, 2000, at 1:30 p.m. at the Fridley Municipal Center. Respectfully Submitted, SiX CITIES WATERSHED MANAGEMENT ORG~ANIZATION MEETING Minutes of S.eptember 21, 2000 C:'~NGINEER~6ClTIES~OO0~Minu~es0921.doc CITY OF COLUMBIA HEIGHTS 637 38TH AVENUE N. E., COLUMBIA HEIGHTS, MN 55421-3806 (763) 7~37(::X:) FAX 706-3701 PUBLIC WORKS CENTRAL GARAGE SEWERJWATER ENGINEERING STREETS PARKS February 7, 2001 Mr. Derek Knapp Montgomery Watson 505 Highway 69 Plymouth, MN 55441 Subject: City of Columbia Heights Storm Water Management Plan Dear Derek: Thank you for your review letter of the City's Surface Water Management Plan. I have the following responses to the issues raised on your letter. Capital Improvements Plan: You had indicated the desire of the RCWD of a small study in Silver and Hart Lakes for water quality improvements within the RCWD. I believe the City of Columbia Heights is already doing so in several ways: The City is participating in a joint diagnostic study in Silver Lake with Ramsey County, the RCWD, the City of St. Anthony and a private homeowner's association. The City contributes financially to this study and will continue to do so in the future. The WRMP CIP does not currently indicate this but has been updated to reflect this. 1.b. The City has constructed a storm water basin in Prestemon Park at 39th & McKinley, completed in 1999. Although the primary purpose of the pond is for flood control, we believe it does provide treatment of the local surface water runoff. Additionally, the Hart Lake discharge pipe is now routed through this pond. Our street sweeping practices have been modified to address 'sensitive' drainage areas. In the spring, our focus for pick-up is to begin with the drainage area tributary to Silver Lake, then continues to the Hart Lake tributary area. We have also added this same focus in the fall, which is continued for as long as the weather permits. 1.d. Planned for construction in the year 2004, additional surface water from 40th Avenue at Cleveland Street will be diverted to the Prestemon Park Pond in conjunction with the annual street rehabilitation program work. 1.e. The City has applied for grant funding to the DNR for a raised walking pathway for the perimeter of Prestemon Park. Primarily intended for flood mitigation purposes, a secondary ef~ct will be decreasing runoff from the ball field area. Construction would take place in 2001 or 2002. THE CITY OF COLUMBIA HEIGHTS ,DOES NOT DISCRIMINATE ON THE BASIS OF DISABILITY IN EMPLOYMENT OR THE PROVISION OF SERVICES "SERVICE IS OUR BLJS~NESS" EC~LJAL OPPORTUNITY EMPLOYER TDD (763} 7'06-3692 Letter to Derek Knapp February 7, 2001 Page 2 I believe the City has taken many steps and is planning additional that benefits the water quality in Silver Lake and Hart Lake areas. We further support the water quality study for Silver Lake under a cooperative study. For these reasons, the City is not interested in undertaking a water reconnaissance of the Hart Lake tributary area due to its small size, multi-jurisdictional drainage area and recognizing the work already completed and planned by the City of Columbia Heights. Administration and Maintenance Project: Storm Water Ponds - Operation and Maintenance Policy a. Routine Inspection and Maintenance: The following is procedure(s) for storm water ponds provides clarification as requested. The City will conduct periodic inspection and maintenance of the pond drainage system, including these procedures: · Inspection of all intakes for damage and removal of debris from intakes. · Inspection of all special outlet structures, including skimmers, for proper operation and for accumulation of debris and oils. Debris and oil will be removed to assure proper functioning and to prevent re-suspension of debris and oil. · Inspection of grit chambers and catch basins for sediment accumulation, and removal of sediment from grit chambers and catch basins if a sump is more than half full of sediment. · Inspection of sediment accumulation of storm water storage areas and at pond outlets and removal of any excess sediment, including the removal of animal activity, which may impair the outlet or storage capacity of the facility. b. Inspection and Maintenance Following Flood Events The City will inspect the drainage system after flood events of the 1 O-year recurrence interval or greater. This inspection involves checking water levels, inspecting pond slopes for slope failure, inspecting intakes for damage and debris accumulation, and performing any necessary maintenance. Water Quantity/Hydrologic Modeling The Hydrologic Summary Table has been updated as attached Sincerely, Kevin Hansen, P.E. Public Works Director/City Engineer K_U:jb Attachment: Hydrologic Summary Table Cc: Kate Drewry, District Administrator APPENDIX C Capital Improvements Program 2000-2004 Capital Improvement Plan City of Columbia Heights 1999-2004 CITY OF COLUMBIA HEIGHTS CAPITAL IMPROVEMENT PLAN 1999-2004 Prepared By: Kevin Hansen Director of Public Works and City Engineer and Bill Elrite Finance Director INTRODUCTION INTRODUCTION The Capital Improvement Plan is a schedule of proposed public projects and purchases, according to priorities, over a five-year period. A Capital Improvement is defined as a capital expenditure of $1,000 or more which has a life expectancy of five-years of longer. Capital Improvements are projects which require the acquisition, construction, or replacement of various facilities, including public buildings, streets, utilities, and parks. The Capital Improvement Plan also addresses levels of service since it includes the purchase of equipment and vehicles. The purpose of the Capital Improvement Plan is four-fold: (1) Identifies capital expenditures which will be requested over the five-year period. (2) Establishes priorities among a variety of competing requests by ranking them according to objectives adopted by the City Council. (3) Determines sources of funding for the requests. (4) Provides an opportunity for long-term planning. The Capital Improvement Plan is a planning and financial tool. It is a planning tool since it projects into the future, establishes policies and priorities, and analyzes various requests in a comprehensive fashion. It also plans for facilities such as streets, utilities, and parks to serve existing and proposed development. Many of the objectives used to rank specific projects relate to goals found in the Comprehensive Guide Plan. The Plan is a financing tool since it establishes sources and levels of funding and provides the basis for looking at long-range financial options. To that extent, the Plan will be used in preparing current and future budgets and financial policies. An effort has been made to make the Capital Improvement Plan a practical document which is subject to implementation. As such, the Plan is more than a simple "wish list" but rather a Plan which should be achievable and realistic, given various financial constraints. SUMMARY INFORMATION The following pages summarize project requests in a given format, by department and year. There are a total of 258 requests. The total dollars involved are $10,456,628. The summaries provide the tools for discussion and analysis by outlining the requests in different order. Each summary line begins with a project number. This number was constructed as follows: Character Position Description 1-2 3-4 5-9 10-11 Type Year originally requested to begin Department code Numeric distinguisher The key for type of project is: CF MA PI PL SW ST SS TS WA OT The department codes City Facilities Maintenance Park Improvements Planning Sewer Construction Street Construction Storm Sewer Construction Traffic Signal Water Construction Other 41940 42200 42100 43100 43121 43190 45200 45500 46330 49430 49450 49460 Buildings Fire Police Engineering Streets State Aid Parks Library Parkview Villa Water Sewer Storm Sewer CITY OF COLUMBIA HEIGHTS STATEMENT OF OBJECTIVES 1999 - 2004 CAPITAL IMPROVEMENT PLAN Statement: Statement: Statement: Statement: Statement: Statement: Statement: Statement: Statement: Statement: Statement: The City shall foster an increased utilization or redevelopment of its industrial sector by offering appropriate incentives for locating within the City. The City shall promote significant, quality (re)developments as the oppommity for such (re)development is presented. The City shall foster the re-development of its park and recreation program. The City shall foster an increased expansion of its commercial sector by offering appropriate incentives for locating within the City. The City shall provide for vehicles and equipment which are related to another capital improvement. The City shall provide for the replacement of vehicles and equipment to maintain existing levels of service. The City shall maintain or improve the level of police and fire services so that it will keep pace with the needs of the City. The City shall provide for vehicles and equipment which will result in maintaining the current level(s) of service. The City shall consider redevelopment or expansion of City facilities (i.e. buildings) based on the needs of the community. The City shall maintain its City facilities and infrastructure at the current level of quality. The City shall seek to provide administrative assistance for the revitalization of deteriorating neighborhoods. CAPITAL PLAN City of Columbia Heights, MN DEPARTMENT 1999 thru 2004 Department 1999 2000 2001 2002 2003 2004 Total Str~ (MS~) ---~ 1,195,000 668,569 496,099 275,500 1,402,065 2,635,168 Total: 0 1,195,000 668,569 496,099 275,500 1,402,065 2,635,168 Page 1 of I ~'ednesday, June 28, 2000 CAPITAL IMPROVEMENT PROGRAM 1999-2004 SUMMARY LISTING BY DEPARTMENT AND YEAR OF REQUEST MUNICIPAL STATE AID: 1999 ITEM ROUTE NO. NO. IMPROVEMENT DESCRIPTION CONSTRUCTION YEAR ESTIMATED MSA COST * FUNDING SOURCES REMARKS I TH 65 2 MSAS 107 3 MSAS 112 4 LOCAL 5 TH 47 Central Avenue Access/Safety Management Cooperative Funding Roadway Right-of-way Streetscape Jefferson Street 46th Ave to 47th Ave Retaining Wall 4.0th and McKinley Storm Sewer (Reduce intersection flooding) Alley Construction University_ Avenue Back-Lit Street Signs 1999-2000 Note: FY 2001 Access Management 1999 1999 1999 1999 MUNICIPAL STATE AID: 2000 6 CSAH 2 7 MSAS 101 MSAS 109 MSAS 109 MSAS 110 MSAS 108 8 LOCAL 40th Avenue University Ave to Central Ave Partial Street Reconstruction Mill and Overlay Storm Sewer Streetscape 37th Avenue Main St to Central Ave 38th Avenue Main St to 3rd St 38th Avenue University Ave to 5th St 39th Avenue 5th St to Jefferson St 5th Street 37th Ave to 40th Ave Street Rehabilitation Program University Ave to Central Ave 48th Ave to 53rd Ave 2000 2000 2000 MUNICIPAL STATE AID: 2001 10 11 MSAS 116 MSAS 101 MSAS 112 MSAS 118 MSAS 110 MSAS 117 MSAS 116 MSAS 106 Reservoir Blvd and Fillmore Street 44th Ave to 49th Ave Bituminous Trail 37th Avenue, E of Polk St 40th Avenue, W of Hayes St 53rd Avenue University Ave to Central Ave 39th Avenue Central Ave to Reservoir Blvd 47th Avenue Central Ave to Tyler St Fillmore Street 47th Ave to 49th Ave Hart Blvd 37th Ave to 39th Ave 2001 2001 2001 $900,000 $500,000 $200,000 $60,000 $140,000 $36,000 $25,000 $170,000 $S4,000 $326,563 $60,000 $187,623 $53,939 $25,000 $49,640 $21,653 $14,278 $31,920 $54,515 $170,000 $51,799 $37,500 $22,50O $132,693 $22,303 $7,493 $24,493 $22,775 402 402 Consists of MSA, MSA Off-sytems, Cooperative Agreement, and Local MSA 402 MSA, Local 212 MSA Pop. Appor., Local 402 MSA Off-System 402 402 402 402 402 402 212 402 4O2 4O2 4O2 402 402 402 402 MSA Off-System MSA Off-System MSA Off-System, Local MSA Off-System, Local MSA MSA Pop. Appor., Local MSA MSA MSA g\pw\pw cip\msas cip.xls Page I CAPITAL IMPROVEMENT PROGRAM 1999-2004 SUMMARY LISTING BY DEPARTMENT AND YEAR OF REQUEST MUNICIPAL STATE AID: 1999 ITEM ROUTE IMPROVEMENT CONSTRUCTION NO. NO. DESCRIPTION YEAR ESTIMATED FUNDING MSA COST * SOURCES REMARKS MSAS 115 Stinson BIvd Fairway Dr to 5th St 12 LOCAL ~treet Rehabilitation Pr~_ram 2001 University Ave to Central Ave 44th Ave to 48th Ave $4,543 $170,000 MUNICIPAL STATE AID: 2002 13 MSAS Crack Seal and Seal Coat 2002 $105,501) VARIOUS West Half of the City 14 LOCAL Street Rehabilitation Program 2002 $170,000 University Ave to Central Ave 40th Ave to 44th Ave MUNICIPAL STATE AID: 2003 15 MSAS 101 37th Avenue 2003 $700,166 Central Ave to Stinson Blvd Street Reconstruction 16 MSAS 114 ~ 2003 $116,100 37th Ave to Stinson Blvd Street Reconstruction 17 MSAS 113 Stinson Blvd 2003 $238,109 37th Ave to Silver Ln Steeet Reconstruction 18 MSAS 121 Jl~ 2003 $73,022 Johnson St to Pennine Pass Panel Repair Joint and Crack Sealing 19 MSAS 116 Reservoir Blvd. 46th Avenue. 2003 $104,668 and Fillmore Street 44th Ave to 47th Ave Bituminous Overlay 20 LOCAL Street Rehabilitation Proqram 2003 $170,000 Main St to University Ave 40th Ave to 45th Ave California St to Central Ave 37th Ave to 40th Ave MSAS CAPITAL IMPROVEMENT PROGRAM TOTAL: $4,037,228 * Estimated MSA Cost consists of construction costs plus 25% of the construction cost for engineering 4O2 212 MSA Pop. Appor., Local 402 MSA 212 MSA Pop. Appor., Local 402 MSA 402 MSA 402 MSA 402 MSA 402 MSA 212 MSA Pop. Appor., Local g~3w\pw cip\msas cip.xls Page 2 CAPITAL PLAN City of Columbia Heights, MN DEPARTMENT 1999 thru 2004 Department 1999 2000 2001 2002 2003 2004 Total $~n~r 63,000 275,000 166000 81,000 115,000 238,000 1,337,012 Total: 63,000 275,000 166000 81,000 115,000 238,000 1,337,012 Page I of I Wednesday, June 28, 2000 Prepared by Public Works 06128/00 CAPITAL IMPROVEMENT PROGRAM 1999-2004 SUMMARY LISTING BY DEPARTMENT AND YEAR OF REQUEST SEWER DEPARTMENT: 1999 ITEM PROJECT NO. NO. IMPROVEMENT ESTIMATED FUNDING DESCRIPTION COST SOURCES REMARKS I PL-99-49450-01 2 MA-99-49450-01 3 SE-99-49450-02 4 SE-99.-49450-03 Complete utility system map & gao-code phyisical structures Televise sanitary system by Zone, and develop repair listing to be incorporated into CIP Annually review and update mainline replacement replacements consistent with Street Rahab zones Annually review and update manhole rehabilitation or reconstructio~ consistent with Street Rahab zones SL=WER DEPARTMENT:2000 ITEM PROJECT NO. NO. staff $50,000 $10,000 TOTAL1999: $63,000 101 652 652 652 IMPROVEMENT ESTIMATED FUNDING DESCRIPTION COST SOURCES REMARKS I SE-00-49450-01 2a S E-00-49450-02a 2b SE-00-49450-02b 3 SE-00-49450-03 4 SE-00-49450-04 5 SE-00-49450-05 Computerized Utility Inventory $5,000 Rehabilitation: Sullivan Lake Lift Station. $250,000 Mainline relocation Lift Station Reconstruction Repair. 8" line ~} 42nd Avenue: Fillmore St. to 625' east Crestview Nursing Home: Reconstruct Manhole at Mc-Cloud Street. Crestvlew Nursing Home: Owner to provide mechanical debris n/a removal device on their property. TOTAL 2000: $275,000 SEWER DEPARTMENT: 2001 ITEM PROJECT NO. NO. $15,000 $5,000 - 101 other: MIF Program 652 pdvate IMPROVEMENT ESTIMATED FUNDING DESCRIPTION COST SOURCES development plan approva REMARKS la SE~1~9450-1a lb SE~1~9450-1b 2 SE~1~9450-02 3 SE~1~9450~3 4 SE~1~9450-04 Inflow & Infiltration study (continuation) $6,000 Sump Pump Disconnect Program $40,000 Rehabilitation: Mainline and Manholes * Central Avenue, 37th to 43rd A~ $60,000 Rehabilitation: Continue Mainline Replacement program $50,000 consistent with street rahab zones Rehabilitation: Continue Manhole Rahab program $10,000 consistent with street rahab zones TOTAL 2001: SEWER DEPARTMENT: 2002 ITEM PROJECT NO. NO. IMPROVEMENT DESCRIPTION $166,000 ESTIMATED COST 101 652 652 652 652 FUNDING SOURCES REMARKS I SE~2~9450-01 2 SE~2~50~2 3 SE~2~50-03 4 SE-02-49450-04 Rehabilitation: Mainline - Pierce Terrace to Rainer Pass Rehabilitation: Mainline - 40th & McKinley to Stinson Rehabilitation: Continue Mainline Replacement program consistent with street rahab zones Rehabilitation: Continue Manhole Rahab program consistent with street rahab zones TOTAL 2002: SE'WER DEPARTMENT: 2003 $15,000 $6,000 $50,000 $10,000 $81,000 652 652 652 652 Page 1 Prepared by Public Works 06/28/00 ITEM NO. PROJECT NO. IMPROVEMENT DESCRIPTION ESTIMATED COST FUNDING SOURCES REMARKS 1 SE-03-49450-01 2 SE-03-49450-02 3 SE-03-49450-03 4 SE-03-49450-04 Rehabilitation: Arthur St, 44th to 45th Avenues Rehabilitation: Drop manholes @ 37th & Hayes Rehabilitation: Continue Mainline Replacement program consistent with street rehab zones Rehabilitation: Continue Manhole Rehab program consistent with street rehab zones SEWER DEPARTMENT: 2004 ITEM PROJECT NO. NO. IMPROVEMENT DESCRIPTION TOTAL 2003: $45,000 $10,000 $5O,000 $10,000 $115,000 ESTIMATED COST 652 652 652 652 FUNDING SOURCES REMARKS 1 PL-04-49450-01 2 PL-04-49450-02 3 SE-O4-49450-03 4 SE-04-49450-03 5 SE-04-49450-04 Develop maintenance and repair schedule for lift station pumps and buildings. Evaluation of forcemains - Rehab or replace Rehabilitation: Mainline on Reservoir Blvd. 39th to 41st Avenues Rehabilitation: Continue Mainline Replacement program consistent with street rehab zones Rehabilitation: Continue Manhole Rehab program consistent with street rehab zones TOTAL 2004: TOTAL SANITARY SEWER: $63,000 $20,000 SO5,000 $50,000 $10,000 $238,000 $938~000 652 652 652 652 652 Page 2 CAPITAL PLAN City of Columbia Heights, MN DEPARTMENT 1999 thru 2004 Department 1999 2000 2001 2002 2003 2004 Total Storm 131,500 260,629 304,300 260,629 292,200 222,300 1,471,558 Total: 131,500 260,629 304,300 260,629 292,200 222,300 1,471,558 Page 1 of i Vgednesday, June 28, 2000 CAPITAL PLAN City of Columbia Heights, MN DEPARTMENT 1999 thru 2004 Department 1999 2000 2001 2002 2003 2004 Total 80,000 1,338,500 125,000 248,000 215,000 150,000 2,156,500 Total: 80,000 1,338,500 125,000 248,000 215,000 150,000 2,156,500 Page 1 of 1 Wednesday, June 28, 2000 Prepared by Public Works 06/28/00 CAPITAL IMPROVEMENT PROGRAM t999-2004 SUMMARY LISTING BY DEPARTMENT AND YEAR OF REQUEST WATER DEPARTMENT: 1999 ITEM PROJECT IMPROVEMENT ESTIMATED NO. NO. DESCRIPTION COST FUNDING SOURCES REMARKS 1 99-49430-01 Computerized Utility Inventory $5,000 2 99-49430-02 Annually review and update mainline replacement $75,000 replacements consistent with Street Rehab zones TOTAL 1999: $80,000 WATER DEPARTMENT: 2000 ITEM PROJECT IMPROVEMENT ESTIMATED NO. NO. DESCRIPTION COST 101 651 FUNDING SOURCES 99 Alley Program REMARKS I 00-49430-01 City wide water system Evaluation: $18,000 - Water distribution model 2 00-49430-02 Water Meter Replacement Program $1,242,500 3 00-49430-03 Develop Emergency Water Supply Plan with $3,000 4 00-49430-04 Annually review and update mainline replacement $75,000 replacements consistent with Street Rehab zones TOTAL 2000: $1,338,500 WATER DEPARTMENT: 2001 ITEM PROJECT IMPROVEMENT ESTIMATED NO. NO. DESCRIPTION COST 651 652,603, user 101 651 FUNDING SOURCES Zone 4 Street Rehab REMARKS I 01-49430-01 Negotiation of new water supply services contract with ttm City of Minneapolis 2 01-49430-02 Replace PRV at 52nd and Central $10,000 3 01-49430-03 Rebuild or Replace PRV at station #3. $10,000 4 01-49430-04 Removal of obsolete PRV located west of pump $5,000 station ~2. 5 01-49430-05 Develop Lead Service Replacement Program staff 6 01-49430-06 Develop Water Meter Testing Program staff 7 01-49430-07 Annually review and update mainline replacement $100,000 replacements consistent with Street Rehab zones WATER DEPARTMENT: 2002 ITEM PROJECT NO. NO. I 02-49430-01 2 02-49430-02 3 02-49430-03 4 02-49430-04 5 02-49430-05 6 02-49430-06 TOTAL 2001: $125,000 651 651 651 nla n/a 651 IMPROVEMENT ESTIMATED FUNDING DESCRIPTION COST SOURCES Replace undersized water mains throughout the city: $15,000 ex.: 4" on 51st, between 5th and 6th Streets. Replace fence at Water Tower $35,000 Recondition: Pumps, motors, and starters at pump $38,000 station #3. Rebuild or Replace PRY at station f/2. $10,000 Evaluation of ownership of water service lines staff Annually review and update mainline replacement $150,000 replacements consistent with Street Rehab zones TOTAL 2002: Zone 5 Street Rehab REMARKS $248,000 651 651 651 651 n/a 651 Zone 6 Street Rehab Page 1 Prepared by Public Works 06/28/00 WATER DEPARTMENT: 2003 ITEM PROJECT NO. NO. IMPROVEMENT ESTIMATED FUNDING DESCRIPTION COST SOURCES REMARKS 1 03-49430-01 2 03-49430-02 3 03-49430-03 4 03-49430-04 Inspection Report for Water Tower $5,000 Acquistion of a SCADA system for Utility System $50,000 Rebuild or Replace PRV at Central & 39th Avenues $10,000 Annually review and update mainline replacement $1 50,000 replacements consistent with Street Rehab zones TOTAL 2003: WATER DEPARTMENT: 2004 ITEM PROJECT NO. NO. IMPROVEMENT DESCRIPTION $215,000 ESTIMATED COST 651 651 651 651 FUNDING SOURCES Zone 7 Street Rehab REMARKS 1 04-49430-01 Annually review and update mainline replacement replacements consistent with Street Rehab zones TOTAL 2004: TOTAL WATER: $150,000 $150,000 $2~156~500 651 Zone 1 (2) Street Rehab Page 2 CAPITAL PLAN City of Columbia Heights, MN DEPARTMENT 2000 thru 2004 Department 2000 2001 2002 2003 2004 Total Parks 688,600 568,000 693,500 533,500 110,000 2,593,600 Total 688,600 568,000 693,500 533,500 110,000 2,593,600 Page 1 of 1 Wednesday, June 28, 2000 ~o >~: Z ZZZ Z I-- m LU ~1--' OZLu ~= ~' =~ ;,. ~z~-Z ,,, 0. a o o a,,,,,,- 5~ UJ ~ ~~ ZZZZZ ~ ~~ ~ooooo~ ~W~W~ __ < OZ z~ ~ ~°°°° ° goog g g °°°°° ~°°~°° ° ~1 °°° ~o~~ z5 ~ ~m ~ ~w 0~ ~0 O0 ~O~D ~ >~o o0~,,, ~ . zO~<~<~Z~z..O~D ~~0~"'~ 00>~ O~w~Z ~0~ --~>~ ~0~OmO0~O0 ~ ~ ~ .. ~Z~, ~ZZZZ~oo~ ~ Z> ooooooo .... ~oo ~o / CAPITAL PLAN City of Columbia Heights, MN DEPARTMENT 1999 thru 2004 Department 1999 2000 2001 2002 2003 2004 Total FIR~ - 0 56,000 0 0 0 0 56,000 Total: 0 56,000 0 0 0 0 0 Prepared by Public Works 06/28/00 ~---,, CAPITAL IMPROVEMENT PROGRAM 1999-2003 SUMMARY LISTING BY DEPARTMENT AND YEAR OF REQUEST FIRE DEPARTMENT: 1999 ITEM PROJECT IMPROVEMENT NO. NO. DESCRIPTION ESTIMATED COST FUNDING SOURCES REMARKS I 99-42200-01 2 99-42200-02 3 99-42200-03 Floor refinishing and floor drain improvements Repaint 1984 Ford Fire Pumper Com3sion control and repaint heavy rescue truck FIRE DEPARTMENT: 2000 ITEM PROJECT NO. NO. IMPROVEMENT DESCRIPTION TOTAL 1999: $16,000 $20,000 $20,000 $56,000 ESTIMATED COST 101 101 101 FUNDING SOURCES Moved to2000 Moved to2000 Moved to2000 REMARKS 1 00-42200-01 FIRE DEPARTMENT: 2001 ITEM PROJECT NO. NO. IMPROVEMENT DESCRIPTION TOTAL 2000: $0 ESTIMATED COST FUNDING SOURCES REMARKS I 01-42200-01 FIRE DEPARTMENT: 2002 ITEM PROJECT NO. NO. IMPROVEMENT DESCRIPTION TOTAL 2001: $0 ESTIMATED COST FUNDING SOURCES REMARKS I 02-42200-01 FIRE DEPARTMENT: 2003 ITEM PROJECT NO. NO. IMPROVEMENT DESCRIPTION TOTAL2002: $0 ESTIMATED COST FUNDING SOURCES REMARKS 1 03-42200-01 FIRE DEPARTMENT: 2004 ITEM PROJECT NO. NO. IMPROVEMENT DESCRIPTION I 04-42200-01 TOTAL 2003: ESTIMATED COST TOTAL 2004: $0 TOTAL FIRE: $56r,000 I FUNDING SOURCES REMARKS Page 1 CAPITAL PLAN City of Columbia Heights, MN DEPARTMENT SUMMARY 2001 thru 2005 Department 2001 2002 2003 2004 2005 Total Libraf7 19,400 38,800 34,000 26,000 9,000 127,200 Total 19,400 38,800 M,000 26,000 9,000 127,200 Page 1 of I Wednesday, June 28, 2000 CITY OF COLUMBIA HEIGHTS PUBLIC LIBRARY 820 40TH AVENUE N.£., COLUMBIA HEIGHTS, MN 55421-2996 (6 ! 2) 782-2805 TDD 782-2806 /~"'~ EASE NOTE: LIBRARY PHONE NUMBERS HAVE CHANGED. .W NUMBERS ARE: (763) 706-3690; TDD (763) 706-3692 0 4. 7.000 pUBLtG Board of Trustees Barbara Miller Chair Patricia Sowada Vice-Chair Richard Hubbard Secretary Nancy Hoium Member at large Catherine Vesley Member at large John Hunter Council Liaison M. Rebecca Loader Library Director TO: FROM: SUBJECT: DATE: Walt Fehst, City Manager Kevin Hansen, Public Works Director M. Rebecca Loader, Library Director //Ld, cf Library's 5-Year Capital Plan May 3, 2000 The Library Board discussed a draft of the 5-year capital plan at their meeting on April 4. At their May 2, 2000, meeting the attached version of the plan was reviewed and approved. This document will be used in preparing the 2001 proposed budget for the Library. If you have questions, please let me know. THE CITY OF COLUMBIA HEIGHTS DOES NOT DISCRIMINATE ON THE BASIS OF DISABILITY IN EMPLOYMENT OR THE PROVISION OF SERVICES EQUAL OPPORTUNITY EMPLOYER Z CAPITAL PLAN: Vehicles City of Columbia Heights, MN DEPARTMENT 2001 thru 2005 (By Number of Units) Department 2001 2002 2003 2004 2005 Total Building Inspection 1 1 Civil Defense 1 3 4 Engineering 1 2 1 1 5 Fire 2 1 3 Garage 1 1 2 Ger~nal Government 2 2 Parks 4 2 2 3 1 12 Police 9 10 9 4 1 33 Recycling 1 1 Sign 1 1 2 4 Street 3 6 1 1 8 19 Tree Trimming 1 1 Water 1 2 1 4 Total ~1 22 18 14 16 911 Page 1 of 1 Wednesday, June 28. 2000 CAPITAL EQUIPMENT AND VEHICLES 1999-2003 Item No. Project No. Department Description of Item Date of Original Purchase Projected Trade- In Date 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 3O 31 32 33 35 36 37 38 39 40 41 42 43 45 46 EQ-97-42100-01 EQ-98-42100-02 EQ-98-42100-18 EQ-98-42100-19 EQ-98-42100-20 EQ-98-42100-43 EQ-99-42100-03 EQ-99-42100-21 EQ-99-42100-22 EQ-99-42100-23 EQ-99-42100-24 EQ-99-42100-29 EQ-00-42100-04 EQ-00-42100-31 EQ-01-42100-05 EQ-01-42100-09 EQ-01-42100-25 EQ-01-42100-26 EQ-01-42100-32 EQ-01-421 OO-44 EQ-02-42100-10 EQ-02-42100-11 EQ-02-42100-12 EQ-02-42100-27 EQ-02-42100-28 EQ-02-42100-36 EQ-02-42100-37 EC-03-42100-13 EC-03-42100-14 EC-03-42100-15 EC-03-42100-30 EC-03-42100-38 EC-03-42100-39 EC-03-42100-40 EC-03-42100-41 EC -03-42100-42 E(: -04-42100-16 EC-04-42100-17 EC-04-42100-33 EC -04-42100-34 EC-05-42100-35 EC -07-42100-08 EC-09-42100-06 EC -09-42100-07 VE-98-42100-09 VE-98-42100-10 Police Radar Police Radar Police Squad Light Bar Police Laptop/MDT Police Laptop/MDT Police Police Mainframe Police Radar Police Laptop/MDT Police Laptop/MDT Police Laptop/MDT Police Laptop/MDT Police Copy Machine Police Radar Police Visual Speed Unit Police Radar Police Squad Light Bar Police Laptop/MDT Police Laptop/MDT Police Laser Speed Gun Police Opticom for Police Fleet Police Squad Light Bar Police Squad Light Bar Police Squad Light Bar Police Laptop/MDT Police Laptop/MDT Police Squad Video System Police Squad Video System Police Squad Light Bar Police Squad Light Bar Police Squad Light Bar Police Visual Speed Unit Police Squad Video System Police Squad Video System Police Squad Video System Police Squad Video System Police Squad Video System Police Squad Light Bar Police Squad Light Bar Police Squad Video System Police Squad Video System Police Squad Video System Police Sound Level Meter Police Radio Base Police Radio Tower Police Ford LTD #60 Police Ford LTD #62 1985 1985 1987 1993 1993 1987 1988 1993 1994 1994 1994' 1994 1988 1995 1992 1994 1996 1996 1996 1997 1995 1995 1995 1997 1997 1997 1997 1996 1996 1996 1999 1998 1998 1998 1998 1998 1997 1997 1999 1999 2000 1997 1989 1984 1993 1993 1997 1998 1998 1998 1998 1998 1999 1999 1999 1999 1999 1999 2000 2000 2001 2001 2001 2001 2001 2001 2002 2002 2002 2002 2002 2002 2002 2003 2003 2003 2003 2003 2003 2003 2003 2003 2004 2004 2004 2004 2005 2007 2009 2009 1998 1998 Page 1 of 6 Item No. Project No. 1 47 48 49 5O 51 52 53 54 55 56 57 58 59 6O EQ-97-42100-01 VE-98-42100-14 VE-99-42100-07 VE-99-42100-08 VE-99-42100-13 VE-00-42100-04 VE-00-42100-05 VE-00-42100-06 VE-00-42100-15 VE-01-42100-01 VE-01-42100-02 VE-01-42100-03 VE-02-42100-11 VE-02-42100-12 VE-02-42100-16 61 62 63 64 65 66 67 EC EC EC EC EC EC EC -95-42500-01 -02-42500-02 -04-42500-03 -04-42500-04 -04-42500-05 -35-425OO-O6 -35-425OO-O7 68 69 70 71 72 73 74 75 76 77 EQ-01-42200-01 EQ-03-42200-02 EQ-11-42200-03 VE-97-42200-07 VE-98-42200-06 VE-01-42200-01 VE-10-42200-02 VE-10-42200-03 VE-15-42200-04 VE-17-42200-05 78 79 80 81 82 83 84 85 86 87 88 EC EC EC EC EC EC E¢ EC EC EC EC -99-43121-01 -99-43121-02 -00-43121-03 -00-43121-04 -00-43121-05 -00-43121-06 -00-43121-07 -00-43121-08 -00-43121-09 -01-43121-10 -01-43121-11 CAPITAL EQUIPMENT AND VEHICLES 1999-2003 Department Description of Item Police Radar Police Chev Corsica #56 Police Ford LTD ~o4 Police Ford LTD #65 Police Ford LTD #58 Police Ford LTD ~6 Police Ford LTD #.67 Police Ford LTD #72 (Midsize in 2000) Police Chev Lumina #69 Police Ford LTD #70 Police Ford LTD #71 Police Ford LTD #72 (Midsize in 2001 ) Police Ford LTD #73 Police Ford LTD #74 Police Chev Lumina #75 Projected Date of Trade- Original In Purchase Date 1985 1997 1989 1998 1994 1999 1994 1999 1992 1999 1995 2000 1995 2000 1995 2OOO 1995 2000 1996 2001 1996 2001 1996 2001 1997 2002 1997 2002 1997 2002 C.D. Siren C.D. Emergency Generator C.D. Siren Radio C.D. Siren Radio C.D. Siren Radio C.D. Siren C.D. Siren 1955 1995 1962 2002 1988 2004 1988 2004 1988 2004 1995 2035 1995 2035 Fire Fire Fire Fire Fire Fire Fire Fire Fire Fire Opticom for Fire Fleet Radio System Breathing Apparatus Pirsch Pumper (to be sold or salvaged) Chief's Chevrolet Res 2 Ford Ambulance Mod Ford Ambulance Pumper General 3783 Pumper General 3764 Pumper General 3781 1997 2001 1988 2003 1995 2011 1967 1997 1988 1998 1996 2001 1990 2010 1977 2010 1985 2015 1996 2017 Street Street Street Street Street Street Street Street Street Street Street Veermer/1250 Brush Chipper Heinke Rev Plow Wing #7 Henke/LWFA Oneway Plow Swenson/UR310 Sander Gorman Rupp/Model 53H2 Cimline/Random Crack Saw Cimline 200 Melter/APP Thermos Lay Pothole Patch #35 Cimline/Deluxe Saw 65 Lift for Aerial Truck Heat Lance 1989 1999 1985 1999 1988 2000 1983 2000 1985 2000 1986 2000 1986 2000 1988 200O 1986 2000 1982 2001 1991 2001 Page 2 of 6 Item No. 1 89 9O 91 92 93 94 95 96 97 98 99 100 101 102 103 104 105 106 107 ~ 108 · 109 110 111 112 113 114 115 116 117 118 119 120 121 122 123 124 125 126 127 128 129 130 131 ~"- 132 133 Project No. EQ-97-42100-01 EQ-02-43121-11 EQ-02-43121-12 EQ-02-43121-13 EQ-02-43121-14 EQ-02-43121-15 EQ-03-43121-16 EQ-04-43121-17 EQ-05-43121-18 EQ-05-43121-19 EQ-05-43121-20 EQ-05-43121-21 EQ-05-43121-22 EQ-05-43121-23 EQ-05-43121-24 EQ-06-43121-25 EQ-06-43121-26 EQ-06-43121-27 EQ-06-43121-28 EQ-06-43121-29 EQ-06-43121-30 EQ-09-43121-31 EQ-10-43121-32 EQ-10-43121-33 EQ-10-43121-34 EQ-10-43121-35 EQ-11-43121-36 EQ-11-43121-37 EQ-11-43121-38 EQ-11-43121-39 EQ-11-43121-40 EQ-11-43121-41 EQ-11-43121-42 EQ-12-43121-43 EQ-13-43121-44 EQ-13-43121-45 EQ-18-43121-46 EQ-19-43121-47 EQ-24-43121-48 EQ-24-43121-49 EQ-27-43121-50 EQ-27-43121-51 VE-99-43121-01 VE-99-43121-02 VE-00-43121-03 VE-00-43121-04 CAPITAL EQUIPMENT AND VEHICLES 1999-2003 Department Description of Item Date of Original Purchase Police Street Street Street Street Street Street Street Street Street Street Street Street Street Street Street Street Street Street Street Street Street Street Street Street Street Street Street Street Street Street Street Street Street Street Street Street Street Street Street Street Street Street Street Street Street Radar Swenson/UR310 Roll Sander Henke/OWFA Oneway Plow Root Underbelly Plow for #45 Advance/5800G Sweeper Trailer for #54 Sweeper Wausau Sno-Thro (Used) (1969) Hyd Lift Forks Caterpillar 120 Grader Plow for #18 8' Western Elgin Eagle Street Sweeper Power Tarps for Trucks Falls PR 1243 Rev Plow Swenson SBD9 Sander Falls Under Belly Plow Caterpillar 930 Loader Trailer for #23 Swenson/URC800 Sander Henke/OWFA Oneway Plow Underbelly Plow for #19 Roscoe/Rollpac III Roller Towmaster/T-6 Trailer Homemade/Leaf Pusher Swenson UR 310 Sander Falls rev plow & wing plow Root Underbelly plow Lee Boy Paver/L8 1000T Trailer for #2 Paver Swenson Sander for 99 Falls Plow for 99 Swenson UR310 Sander Underbelly Plow Schmidt Sandblaster Ingersoll-Rand VIB Roller Henke/OWFA Oneway Plow Swenson/UR310 Sander Wildcat Snowblower Road Sweeper (Magnet) Case 621B Loader 12' Heinke Rev Plow Chev 2500 Pickup plow Wacker compactor Mobile/AHL ST Sweeper Ford/C700 Water Truck GMC/TC7D042 Dump Truck Ford/F150 Pickup 1985 1987 1987 1987 1987 1987 1998 1994 1973 199O 1993 1995 New New New 1976 1996 1991 1991 1991 1996 1989 1990 1995 1995 1995 1991 1991 1996 1996 1996 1996 1996 1986 1998 1998 New 1989 1994 1994 New 1997 1990 1985 1986 1986 Projected Trade- In Date 1997 2002 2002 2002 2002 2002 2003 2004 2005 2005 2005 2005 2005 2005 2005 2006 2006 2006 2006 2006 2006 2009 2010 2010 2010 2010 2011 2011 2011 2011 2011 2011 2011 2012 2013 2013 2018 2019 2024 2024 2027 2027 1999 1999 2000 2000 Page 3 of 6 Project No. CAPITAL EQUIPMENT AND VEHICLES 1999-2003 Department Description of Item Date of Original Purchase Projected Trade- In Date I EQ-97-42100-01 134 VE-01-43121-05 135 VE-02-43121-06 136 VE-05-43121-07 137 VE-06-43121-08 138 VE-10-43121-09 139 VE-11-43121-10 140 VE-11-43121-11 141 VE-13-43121-12 142 VE-14-43121-13 143 VE-18-43121-14 144 VE-27-43121-15 145 146 147 148 149 150 151 152 153 154 155 156 157 158 159 160 161 162 163 164 165 166 167 168 169 170 171 172 173 174 175 176 177 EC-98-45200-01 EC -98-45200-02 EC-98-45200-03 EC -98-45200-04 EC-98-45200-05 EC -98-45200-06 EC -98-45200-07 EC-99-45200-08 EC-99-45200-09 EC-99-45200-10 EC-99-45200-11 EC-99-45200-12 EC-99-45200-13 EC-00-45200-14 EC-00-45200-15 EC-00-45200-16 EC -01-45200-17 EC -01-45200-18 EC -01-45200-19 EC -01-45200-20 EC -02-45200-20 EC-03-45200-21 EC-03-45200-22 EQ-04-45200-23 EQ-05-45200-24 EQ-06-45200-25 EQ-06-45200-26 EQ-06-45200-27 EQ-06-45200-28 EQ-06-45200-29 EQ-06-45200-30 EQ-07-45200-31 EQ-08-45200-32 Police Street Street Street Street Street Street Street Street Street Street Street Park Park Park Park Park Park Park Park Park Park Park Park Park Park Park Park Park Park Park Park Park Park Park Park Park Park Park Park Park Park Park Park Park Radar Ford F700 Aerial Truck Ford/L8000 Dump Truck Ford/P350 4x4 Dump Truck GMC Dump Truck Model C7H042 Tandem Dump Truck Ford L8000 Oil Distributor Ford L8000 Dump Truck Ford/F700 Dump Truck Ford F700 Patch Truck Ford L8511 Dump Truck Chev 2500 Pickup 1985 1984 1987 1990 1991 1995 1996 1996 1998 1993 New New MT Trackless 1988 MT Snowplow Attachment 1988 MT Trackless Sweepster Broom 1988 MT Snowblower Attachment 1988 MT Mower Attachment 1992 Mott Mower/Model 72-5545 1974 Jaydee Line Painter 1988 Melroe Bobcat Model 753 1991 Kohler 14hp Power unit w/Tore 48" Deck Mower 1992 Toro/345 Groundsmaster 4x2 1990 Ryan Aerator 1972 Honda Generator 1989 Overhead Radial Armsaw 1984 Olathe Turf Sweeper/166HL 1990 Toro GM W/72" Deck 4x4 1992 Ice Shaver 1971 Snapper Snowthrower 1994 Tractor Mount Snow Blower 1972 Toro 580 d Mower 1996 Snapper Snowthrower 1994 Toro Weed Sprayer Pro 1992 Boss Plow 1993 Floor (Scrub/Polisher) 1993 Western 8' Plow 1989 Toro Turf Sweeper 1995 Snow Bucket Bobcat #217 1991 Dirt Bucket Bobcat #217 1991 Fork Bobcat #217 1991 Auger Attach Bobcat #217 1991 Grapple (60") for Bobcat #217 1993 Backhoe W/20" Bucket (Melroe Attach) 1994 Bridge Huset Park Skating Rink 1992 Ford Tractor 4x4 1993 1997 2001 2002 2005 2006 2010 2011 2011 2013 2014 2018 2027 1998 1998 1998 1998 1998 1998 1998 1999 1999 1999 1999 1999 1999 2000 2000 2000 2001 2001 2001 2001 2002 2003 2003 2004 2005 2006 2006 2006 2006 2006 2006 2007 2008 Page 4 of 6 Item Project No. No. I EQ-97-42100-01 178 EQ-08-45200-33 179 EQ-08-45200-34 180 EQ-10-45200-35 181 EQ-10-45200-36 182 EQ-10-45200-37 183 EQ-10-45200-38 184 EQ-11-45200-39 185 VE-00-45200-01 186 VE-00-45200-02 187 VE-02-45200-03 188 VE-04-45200-04 189 VE-04-45200-05 190 VE-11-45200-06 191 EQ-99-43100-01 192 EQ-00-43100-02 193 EQ-02-43100-03 194 EQ-04-43100-04 195 EQ-05-43100-05 196 VE-03-43100-01 197 VE-03-43100-02 198 VE-07-43100-03 199 EQ-03-43170-01 200 EQ-05-43170-02 201 EQ-05-43170-03 202 EQ-14-43170-04 203 VE-01-43170-01 204 EQ-02-46102-01 205 EQ-05-49530-01 206 VE-98-49530-01 CAPITAL EQUIPMENT AND VEHICLES 1999-2003 Department Description of Item Date of Original Purchase Police Park Park Park Park Park Park Park Park Park Park Park Park Park Eng Eng Eng Eng Eng Eng Eng Eng Sign Sign Sign Sign Sign Tree Trim Recycl Recycl Radar Sweepster 7' Broom Attach Metro Turf Plane Ford/3930 Tractor Trailer Felling FT-7E Ryan Jr Sod Cutter Bauer Rainbow Hose Reel Lawn Maintanence Trailer Ford/E150 Van Ford F250 4X2 PU w/Utility Box Dodge P/U Truck W/Lift Ford/F350 4x4 Dump Truck CHV K2500 Pickup Ford/F250 Pickup GIS Digital Database HP Laserjet 4mp HP Designjet Plotter Minolta CSPro Copier Xerox 3030 Engineering Copier Chevy Corsica Ford Crown Victoria Chevy Van Directional Arrow w/trailer Hydraulic Post Puller Traffic Lane Stdper Paint Shaker Ford/F250 Pickup w/utility box Portable Stump Remover Oil Filter Crusher Huth Chev Caprice 4DR 1985 1993 1988 1990 1990 1990 1990 1996 1985 1976 1992 1989 1993 1996 1995 1995 1996 1997 1998 1993 1993 1992 1988 1995 1995 1989 1986 1997 1995 1987 Projected Trade- In Date 1997 2008 2008 2010 2010 2010 2010 2011 2000 2000 2002 2004 2004 2011 1999 2000 2002 2004 2005 2003 2003 2007 2OO3 2005 2005 2014 2001 2002 2005 1998 207 VE-01-42400-01 208 EQ-95-41940-01 209 EQ-98-41940-02 210 EQ-04-41940-03 211 EQ-04-41940-04 212 ~'"213 214 EQ-98-49430-01 EQ-98-49430-02 EQ-99-49430-03 Bldlnsp Gen Govt Gen Govt Gen Govt Gen Govt Water Water Water Chev Corsica Council Chamber Furnishings Mainframe Computer Replace Postage Machine Microform Machine 85 kw Onan Gen sta #3 Pipe Cutter Hyd Pipe & Cable Locator 1995 0 1993 1994 1994 1970 1968 1992 2001 1995 1998 2004 2004 1998 1998 1999 Page 5 of 6 ~-" !tern No. Project No. 1 EQ-97-42100-01 215 EQ-99-49430-04 216 EQ-01-49430-05 217 EQ-03-43430-06 218 EQ-03-43430-07 219_ EQ-11-43430-08 220 EQ-12-43430-09 221 EQ-13-43430-10 222 VE-05-43430-01 223 VE-06-43430-02 224 EQ-00-49450-01 226 EQ-06-49450-02 225 EQ-06-49450-03 227 EQ-07-49450-04 228 EQ-08-49450-05 232 EQ-17-49450-06 229 VE-16-49450-01 230 VE-17-49450-02 231 VE-17-49450-03 ~33 234 235 236 237 238 239 24O 241 242 243 244 245 246 247 248 249 25O EQ-98-49950-01 EQ-98-49950-02 EQ-99-49950-03 EQ-00-49950-04 EQ-00-49950-05 EQ-00-49950-06 EQ-02-49950-07 EQ-05-49950-08 EQ-06-49950-09 EQ-07-49950-10 EQ-07-49950-11 EQ-10-49950-12 EQ-12-49950-13 EQ-18-49950-14 EQ-19-49950-15 EQ-19-49950-16 EQ-26-49950-17 VE-11-49950-01 CAPITAL EQUIPMENT AND VEHICLES 1999-2003 Department Description of Item Date of Original Purchase Projected Trade- In Date Police Water Water Water Water Water Water Water Water Water Radar W Abrasive Saw Stihl Tapping Machine 85 kw Onan Generator Sta #2 Ford Meter Test Stand Leroi Air Compressor Simco Auger Pipe Threader Power Drive GMC P/U (W/Auger) 96 Ford E250 Van 1985 1990 1991 1978 1967 1996 1992 1995 1984 1996 1997 1999 2001 2003 2003 2011 2012 2015 2005 2006 Sewer Sewer Sewer Sewer Sewer Sewer Sewer Sewer Sewer Onan Generator 40 KW (SL LK LFT) Tractor for TV Unit TV Trailer Screco Rodding Machine TV Insp Sys Mounted Directional Arrow Mount Ford F350 Pickup w/Rodder Ford LNT 8000/W Vactor Peabody Meyers Vactor 197O 1996 1977 1987 1993 1993 1996 1992 1992 2000 2006 2006 2007 2008 2017 2016 2017 2017 Garage Garage Garage Garage Garage Garage Garage Garage Garage Garage Garage Garage Garage Garage Garage Garage Garage Garage Waste Oil Fiberglass Buried Tank Ingersol Rand/10 Air Comp Pressure Washer Rogers Hydraulic Press Ammco Brake Lathe Tire Changer 8600 Arc Welder w/Gun Cycle Blast Bead #310 Oil Filter Crusher Antifreeze Recycler Analyzer & Lab Scope Tenant Floor Scrubbre Spanmaster Crane Fiberglass Buried Tank Fiberglass Buded Tank Fiberglass Buded Tank Wheel Balancer Ford/F250 w! utility box 1969 1973 1989 1960 1974 1987 1992 1968 1991 1992 1997 1998 1972 1988 1989 1989 1996 1996 1998 1998 1999 2000 2000 2000 2002 2005 2006 2007 2007 2010 2012 2018 2019 2019 2026 2011 Page 6 of 6