Zoning Code Pre-2001NEW HOPE CITY CODE
ZONING CODE - CHAPTER 4
VERSION PRIOR TO 5/14/2001
RECODIFICATION
TABLE OF CONTENTS
CHAPTER 4
Page
4.00 ZONING .......................... ............................... 4 -1
4.01 TITLE AND APPLICATION ....... ............................... 4 - 1
4.011 Title .................. ............................... 4 -1
4.012 Purpose ................ ............................... 4-1
4.013 Comprehensive Municipal Plan . ............................... 4-1
4.014 Restrictive Interpretation ..... ............................... 4-1
4.015 Minimum Requirements ...................... I .............. 4- 1
4.016 Permits Controlled ......... ............................... 4- 1
4.017 Prohibition of Uses Not Specifically Authorized ..................... 4- 1
4.018 Authority ............... ............................... 4- 1
4.019 Separability ............. ............................... 4-2
(1) Invalid Provision .... ............................... 4-2
(2) Adjudication of Invalid Application ........................ 4-2
4.02 RULES AND DEFINITIONS ....... ............................... 4-3
4.021 Rules .................. ............................... 4 -3
4.022 Definitions .............. ............................... 4-3
4.03 GENERAL PROVISIONS ......... ............................... 4-26
4.031 Non - Conforming Buildings, Structures and Uses .................... 4-26
(1) Purpose ......... ............................... 4-26
(2) Grandfather Clause .. ............................... 4-26
(3) Remedial Work .... ............................... 4-26
(4) Moving of Non - Conforming Structures .................... 4-26
(5) Reversal of Non - Conformity ........................... 4-26
(6) Reduction of Non - Conformity .......................... 4-26
(7) Partial Destruction .. ............................... 4-26
(8) Discontinuance ..... ............................... 4-26
(9) Blank ........... ............................... 4 -27
(10) Maintenance ...... ............................... 4-27
(11) Alterations ....... ............................... 4-27
4.032 General Building Requirements ............................... 4-28
(1) Dwelling Unit Restriction ............................. 4-28
(a) Garages and Tents as Dwellings ................... 4-28
(b) Basements as Living Ouarters ..................... 4-28
(c) Recreational Uses ............................ 4-28
1
(2)
Platted and Unplatted Property ..........................
4-28
(a) Platting Required .............................
4-28
(b) Detailed Data Required .........................
4-28
(c) Future Streets ...............................
4-28
(d) Existing Smaller Lots ..........................
4-28
(e) Principal BujjdjW ............................
4-28
(f) Double Front Lots ............................
4-28
(3)
Accessory Buildings, Uses and Equipment ..................
4-29
(a) Permitted Locations and Setbacks ..................
4-29
(b) Prohibited Locations ...........................
4-29
(c) Permitted Side Yard Setback Variance ...............
4-29
(d) Area Limits General ..........................
4-29
(e) Garage and On -Site Parking Space ..................
4-29
(f) Limit on Numbers ............................
4-30
(g) Air Conditioners .............................
4-30
(h) Accessory Antennas ...........................
4-30
(i) Pump Island Canopy ..........................
4-31
(4)
Draina eg Plans ..... ...............................
4-32
4.033 Performance Standards ..... ...............................
4-33
(1)
Purpose ......... ...............................
4-33
(2)
Conformance to Standards ............................
4-33
(3)
Fencing and Screening ...............................
4- 33
(a) General Provisions ............................
4-33
(b) Residential Fencing and Screening ..................
4-34
(c) Commercial and Industrial District Fences .............
4-34
(d) Required Fencing and Screening ...................
4-34
(4)
Landscaping ... ...............................
4-35
(a) Required Landscaping - General Residential ............
4-35
(b) Required Landscaping - Semi - Public and all income producing
property
uses ...... ...............................
4 -35
(5)
Glare ....... ...............................
4 -38
(6)
Dust, Odor and Smoke ...............................
4-38
(7)
Noise ........... ...............................
4 -38
(8)
Refuse .......... ...............................
4-38
(9)
Exterior Storage .... ...............................
4-38
(10)
Open Sales Lots .... ...............................
4-38
(11)
Radiation and Electrical Emissions .......................
4-39
4.034 Yard Requirements ........ ...............................
4-39
(1)
Purpose ......... ...............................
4 -39
(2)
Minimum is Required ...............................
4-39
(3)
Setbacks ......... ...............................
4-39
(4)
Special Exceptions to Setback Standards ....................
4-40
(a) Setback Adjacent to Residential Areas ...............
4-40
(b) Setbacks along Thorou hg fares ....................
4-40
(c) Setbacks at the Intersection of Certain Thoroughfares and Railro4ds40
(5)
Permitted Encroachments .............................
4-41
(6)
Side and Rear Yard Setbacks for Industrial Districts Adjacent to Railroadt - 41
4.035 Area
and Building Size Regulations ............................
4-42
(1)
Purpose ......... ...............................
4-42
(2)
Lot Area Per Unit ... ...............................
4-42
(3)
Useable Open Space . ...............................
4-42
(b) Boarding house, fraternity house, sorority house
......... ............................... 4 -51
(c) Multiple Family Dwellings ...................... 4-51
(d) Motels Motor Hotels Hotels ..................... 4-51
(e) School, Elementary and Junior High ................ 4-51
3
(a) Single and Two Family Dwellings ..................
4-42
(b) Multiple Family Dwellings ......................
4-43
(c) Recreation Areas ............................
4-43
(4)
Exceptions ....... ...............................
4-43
(5)
Exception Limits ... ...............................
4-43
(6)
Minimum Floor Area Per Dwelling Unit ...................
4-43
(a) One, two family dwellings and townhouses ............
4-43
(b) Multiple dwelling units .........................
4-44
(c) Elderly (Senior Citizen) and /or Physically Handicapped Housin
4844
(d) Building Widths .............................
4-44
(7)
Maximum Unit Type . ...............................
4-44
(a) Efficiency partments .........................
4-44
(b) Three (3) or More Bedroom Apartments ..............
4-44
(8)
Subdivision of Double Bungalow, Quadraminium, or Townhouse Lot
4-44
(a) Meet Zoning Requirements ......................
4-44
(b) Minimum Area and Width .......................
4-45
(c) Principal Structure ............................
4-45
(d) Conformity to Existing Setbacks ...................
4-45
(e) Accessory Uses .............................
4-45
(f) Individual Public Utilities .......................
4-45
(g) Platting Required .............................
4-45
4.036 Off - Street Parking Requirements ..............................
4-45
(1)
Purpose ...... ...............................
4-45
(2)
Application of Off - Street Parking Regulations ................
4-45
(3)
Site Plan Drawing Necessary ...........................
4-45
(4)
General Provisions .. ...............................
4-45
(a) Floor Area .. ...............................
4-45
(b) Reduction of Existing Off - Street Parking Space or Lot Area .
4-46
(c) Non - Conforming Structures ......................
4-46
(d) Change of Use or Occupancy of Land ...............
4-46
(e) Change of Use or Occupancy of Buildings .............
4-46
(f) Residential Off - Street Parking ....................
4-46
(g) Calculating Space ............................
4-46
(h) Stall, Aisle and Driveway Design ..................
4-47
(5)
Maintenance ...... ...............................
4-50
(6)
Location ......... ...............................
4- 50
(a) Same Lot ... ...............................
4 -50
(b) Head In Parking .............................
4-50
(c) Parking Distance From Property Line ...............
4-50
(d) Boulevard Parking_ Prohibited ....................
4-50
(7)
Other Use of Required Parking Area ......................
4-50
(8)
Sidewalks ........ ...............................
4-51
(9)
Garages ......... ...............................
4-51
(10)
Number of Spaces Required ...........................
4-51
(a) Single and two family dwellings and townhouses
......... ...............................
4 -51
(b) Boarding house, fraternity house, sorority house
......... ............................... 4 -51
(c) Multiple Family Dwellings ...................... 4-51
(d) Motels Motor Hotels Hotels ..................... 4-51
(e) School, Elementary and Junior High ................ 4-51
3
m
W
M
School, High School Through College and Private and Day or Churc
Schools ... . ...............................
4-51
(g)
Church, Theatre, Auditorium .....................
4-51
(h)
Private or Private Non - Profit Baseball Fields Stadiums ....
4-51
(i)
Community Centers, Physical Culture Studios, Libraries, Private Clubs,
Lodges, Museums, Art Galleries ...................
4-52
(j)
Sanitariums Convalescent Homes, Rest Homes, Nursing Homes4 - 52
(k)
Elderly (Senior Citizen), Physically Handicapped, or R -5 Housing- 52
(1)
Drive -in Establishment and Convenience Food
................
Hospitals and Professional Offices .
4 - 52
(n)
Bowling Alley ..............................
4-52
(o)
Motor Fuel Station ............................
4-52
(p)
Retail Store Service or Convenience Food Take- Out /Delivery
Establishment ...............................
4-52
(q)
Retail Sales and Service Business with Fifty Percent or More of Gross
Floor Area Devoted to Storage, Warehouses and /or Industry .
4 - 52
(r)
Restaurants, Cafes, Private Clubs Serving Food and /or Drinks,
Bars,
Taverns, Night Clubs ..........................
4-53
(s)
Undertaking Establishment .......................
4 - 53
(t)
Various Auto Intensive Uses .....................
4-53
(u)
Other Crowd Attractions ........................
4-53
(v)
Golf Driving Range, Miniature Golf, Archery Range
........................
4 -53
(w)
Schools, Such as Gymnastic Training ................
4-53
(x)
Car Wash .. ...............................
4 -53
(Y)
Hospitals ... ...............................
4-53
(z)
Shopping Centers ............................
4-53
(aa)
Private Racketball Handball and Tennis Courts
........................................
4 -54
(bb)
Manufacturing, Fabricating or Processing of a Product or Mater4al 54
(cc)
Warehousing, Storage or Handling of Bulk Good
......... ...............................
4 -54
(dd)
Other Uses .. ...............................
4-54
(11)
Joint Facilities ..... ...............................
4-54
(a)
Off -Site Joint Use of Parking .....................
4-54
(b)
Additional Criteria for Joint Parking ................
4-55
(12)
Off -Site Parking .... ...............................
4-55
(a)
A Conditional Use ............................
4-55
(b)
Code Compliance ............................
4-55
(c)
Access .... ...............................
4- 55
(d)
Lessee Agreement Required ......................
4-55
(e)
Proximity to Multiple Residence ...................
4-55
(f)
Proximity for Non - Residential Uses .................
4-55
(g)
Term of Parking Agreement ......................
4-56
(13)
Deferment of Required Parking .........................
4-56
4.037 Off - Street Loading ........ ...............................
4-58
(1)
Purpose
......... ...............................
4- 58
(2)
Location
......... ...............................
4-58
(a)
Off- Street .. ...............................
4-58
(b)
Distance from Intersection .......................
4-58
m
W
5
(c) Distance from Residential Use ....................
4-58
(d) Prohibited in Front Yards .......................
4-58
(e) Front or Side Yard Locations .....................
4-59
(f) Traffic Interference ...........................
4-59
(3)
Surfacing • . .. ............................... 1
4-59
(4)
Accessory Use; Parking and Storage ......................
4-59
(5)
Screening ........ ...............................
4-59
(6)
Number and Size of Loading Berths ......................
4-59
(a) Commercial or Industrial Uses ....................
4-59
(b) Multiple Residential Type Uses ....................
4-60
(7)
Deleted .......... ...............................
4 -60
4.038 Home Occupation ......... ...............................
4-60
(1)
Purpose ......... ...............................
4 -60
(2)
Application ....... ...............................
4-60
(3)
Permitted Home Occupations ...........................
4-60
(a) Structural Changes ............................
4-60
(b) Traffic .... ...............................
4-60
(c) Employees .. ...............................
4-60
(d) Area Permitted ..............................
4-60
(e) Sales on Premises ............................
4-60
(f) Outside Storage ..............................
4-61
(4)
Conditional Use Permits ..............................
4-61
(a) Adverse Effect on Neighborhood ...................
4-61
(b) Screening of Exterior Changes ....................
4-61
(c) Interior Changes .............................
4-61
(d) Traffic ... ...............................
4-61
4.039 Temporary
Use ......... ...............................
4-61
(1)
Purpose ......... ...............................
4-61
(
Application ......................... I ............
4-61
(3)
Temporary Uses Subiect to Licensing .....................
4-61
(a) Christmas Trees .............................
4-61
(b) Sales Promotions .............................
4-61
(c) Civic Activities ..............................
4-61
(4)
Temporary Uses Requiring a Conditional Use Permit
....
4-61
(a) Road Materials ..............................
4-62
(b) Excavating For Sale ...........................
4-62
(c) Stockpiling .. ...............................
4-62
(d) Religious ... ...............................
4-62
(e) Carnival ... ...............................
4-62
(5)
Additional Criteria .. ...............................
4-62
(a) Adjacent Sites ...............................
4-62
(b) Noise and Nuisance ...........................
4-62
(c) Term of Permit ..............................
4-62
(d) Performance Bond ............................
4-62
4.039A Site and Building Plan Review . ...............................
4-62
(1)
Approval Required .. ...............................
4-62
(2)
Exceptions To Review ...............................
4-63
(3)
Standards For Review ...............................
4-63
(4)
Procedures For Review ..............................
4-64
(5)
Plan Agreements ... ...............................
4-64
5
(6) Fee ............ ............................... 4 -64
4.039B Grading, Erosion and Sediment Control Regulations .................. 4-64
(1) Title ........... ............................... 4 -64
(2) Purpose ......... ............................... 4-64
(3) S cope ........... ............................... 4 -64
(4) Other Laws ....... ............................... 4-65
(5) Severabililty and Validity ............................. 4-65
(6) Permit Required .... ............................... 4-65
(7) General Exemptions . ............................... 4-65
(8) Categorical Exemptions .............................. 4-65
(9) Handbook Adopted by Reference ........................ 4-66
(10) Application ....... ............................... 4-66
(11) Application For ... ............................... 4-67
(12) Site Map and Grading Plan (Grading Plan) .................. 4-67
(13) Interim Erosion and Sediment Control Plan (Interim Plan)
.............. ............................... 4 -68
(14) Final Erosion and Sediment Control Plan (Final Plan)
. ............................... 4 -69
(15) Soils Engineering Report ............................. 4-69
(16) Engineering � Geology Report ........................... 4-70
(17) Work Schedule ..... ............................... 4-70
(18) Security ......... ............................... 4-70
(19) Fees ........... ............................... 4 -71
(20) Decision on a Permit . ............................... 4-71
(21) Notice .......... ............................... 4 -71
(22) Permit Duration .... ............................... 4-71
(23) Permit Denial ..... ............................... 4-71
(24) Assignment of Permit ............................... 4-71
(25) No Improvements Planned ............................ 4-72
(26) Issuance of Permits .. ............................... 4-72
(27) Implementation of Permits - Permittee's Duties ............... 4-72
(28) Implementation of Permits ............................ 4-73
(29) Post Grading Procedures ............................. 4-74
(30) Suspension or Revocation of Permit ...................... 4-74
(31) Fines and Penalties .. ............................... 4-75
(32) Action Against the Security ............................ 4-75
(33) Release of Security .. ............................... 4-75
(34) Cumulative Enforcement Procedures ...................... 4-76
4.039C Regulation of Sexually Oriented Businesses and Adult Uses ............. 4-76
(1) Purpose and Intent .. ............................... 4-76
(2) General Provisions .. ............................... 4-76
(3) Adult Uses - Principal ............................... 4-77
(4) Adult Uses - Accessory .... I ....................... 4-78
(5) Non - Conforming Sexually Oriented Businesses, Adult Use - Principal or Accessory
.............. ............................... 4 -78
4.039D Personal Wireless Service Antennas and Towers .................... 4-79
(1) Purpose and Intent .. ............................... 4-79
(2) Personal Wireless Service Antennas ...................... 4-79
(3) Personal Wireless Service Antenna Towers .................. 4- 80
(4) Commercial and Public Radio and Television Transmitting Antennas, and Publi
Utility Microwave Antennas and Related Antenna Towers ........ 4- 81
6
4.04 GENERAL DISTRICT PROVISIONS . ...............................
4-83
4.041
Categories of Districts ...... ...............................
4- 83
(1)
Residential Districts .. ...............................
4- 83
(2)
Business Districts .... ...............................
4-83
(3)
Industrial Districts ... ...............................
4-83
(4)
Special Districts .... ...............................
4-83
4.042
Zoning Map ............ ...............................
4-83
4.043
Zoning District Boundaries ... ...............................
4-84
(1)
Determination of Location ............................
4-84
(2)
Effect of Vacation ... ...............................
4-84
4.05 "R -1"
SINGLE FAMILY RESIDENTIAL DISTRICT ......................
4-85
4.051
Purpose
............... ...............................
4- 85
4.052
Permitted Uses, R -1 ....... ...............................
4-85
(1)
Single family detached dwellings ........................
4- 85
(2)
Boarding (house) Home - Foster Children ...................
4- 85
(3)
Day Care Home .... ...............................
4-85
(4)
Public Parks and Playgrounds ..........................
4-85
(5)
Essential Services ... ...............................
4-85
(6)
Group Home, Single Family ...........................
4-85
(7)
Personal Wireless Service Antennas ......................
4-85
4.053
Accessory Uses, R -1 ....... ...............................
4-85
(1)
Auto Parking ......... I ...........................
4-85
(2)
Recreational Vehicles and Equipment .....................
4-85
(3)
Non - commercial Greenhouses and Conservatories .............
4-85
(4)
Recreational Facilities ...............................
4-85
(5)
Storage Sheds • ... ...............................
4- 85
(6)
Boarding Rooms ooms .... ...............................
4-85
(7)
Accessory Antennas . ...............................
4-86
(8)
Signs ........... ...............................
4-86
4.054
Conditional Uses R -1 ....... I .............................
4-86
(1)
Public, Educational and Religious Buildings .................
4-86
(a) Side Yards .. ...............................
4-86
(b) Parkin .... ...............................
4-86
(c) Off - Street Loading ............................
4-86
(2)
Recreational ...... ...............................
4-86
(a) Outdoor ... ...............................
4-86
(b) Limited Structures ............................
4-86
(c) Area ..... ...............................
4 -86
(3)
Government and Utility Buildings ........................
4- 86
(a) Compatibility and Setbacks ......................
4-86
(b) Equipment Enclosed ...........................
4-86
(4)
PUD, Residential ... ...............................
4-86
(5)
Cemeteries ... ............................... I ...
4-87
(a) Platting Required .............................
4-87
(b) Area ..... ...............................
4 -87
(c) Access .... ...............................
4-87
(d) Comprehensive Plan ...........................
4-87
(6)
Day Care Facility ... ...............................
4-87
(a) Accessory Use ..............................
4-87
(b) Hours of Operation ...........................
4-87
(c) Front Yard Set -Back ..........................
4-87
7
EM
M "I
4.08
9
(d) Off-Street Parkin . . . . . . . . . . . . . . . . . . . . . . . . . . . .
4- 87
(e) Off-Street Loadin . . . . . . . . . . . . . . . . . . . . . . . . . . . .
4-87
M Outdoor P14y Are . . . . . . . . . . . . . . . . . . . . . . . . . . . .
4-87
(g) Street Access . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
4- 87
(h) 5jM . . . . . . . . . . . . . * . * ' ' * ' * . . . . . . . . . . . . .
4-87
(i) General Conditional Use Requirements . . . . . . . . . . . . . . .
4- 87
0) State Regulations . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
4- 87
(k) Building and Fire Codes ........................
4-87
(7)
Earth Sheltered Homes ...............................
4-88
"R-2"
SINGLE AND TWO FAMILY RESIDENTIAL DISTRICT ..............
4-89
4.061
Purpose
..............................................
4-89
4.062
Permitted Uses, R - 2 ......................................
4-89
(
Less Intensive Use District ............................
4-89
(2)
Two Famil ...............................
...
4- 89
4.063
-2
Accessory Uses Permitte i
4-89
(
Less Intensive Use District ............................
4- 89
4.064
Conditional Uses, R - 2 .....................................
4-89
(
Less Intensive Use District ............................
4-89
(2)
Deleted .........................................
4-89
"R-3"
MEDIUM DENSITY RESIDENTIAL DISTRICT ....................
4-89
4.071
Purpose
.......... ....................................
4-89
4.072
Permitted Uses, R-3 ......................................
4-89
(
Two Family\Multiple Family ...........................
4-89
(2)
Boarding Houses ...................................
4-89
(3)
Deleted .........................................
4-89
(4)
Day C Facility ..................................
4-89
(5)
Public Parks and Playgrounds ..........................
4-89
(6)
Essential Services ..................................
4-89
(7)
Deleted .........................................
4 -89
4.073
Accessory Uses, R-3 ......................................
4-90
(
Less Intensive Use District ............................
4-90
(2)
Off-Street Loadin g.................................
4-90
4.074
Conditional Uses, R - 3 .....................................
4-90
(
Less Intensive Use District ............................
4-90
(2)
Day Care .......................................
4-90
(a) Front Set Back ..............................
4-90
(b) Off-Street Parkin ............................
4-90
(c) Off-Street Loadin ............................
4-90
(d) Street Access ........... * * ' * * * ......... I ....
4-90
(e) General Conditional Use Requi ...............
4-90
M State Regulations .............................
4-90
(g) Building and Fire Code .........................
4-90
(3)
Townhouses ... * * * * ' * * ............................
4-90
(4)
Group Care Facility .................................
4-90
"R-4" HIGH DENSITY RESIDENTIAL DISTRICT .......................
4-92
4.081
Purpose
..............................................
4-92
4.082
Permitted Uses, R - 4 ......................................
4-92
(
Less Intensive Use District ... ........
4-92
(2)
Club or Lodge without the Serv of Food or Beverage
.............................................
4-92
(3)
Multip Family Dwellings ............................
4-92
9
4.083 Accessory Uses Permitted, R -4 ............................... 4-92
(1) Less Intensive Use District ............................ 4-92
4.084 Conditional Uses R -4 ...... ............................... 4-92
(1) Less Intensive Use District ............................ 4-92
(2) Nursing g omes .... • .............................. 4-92
(a) Side Yards, Double ........................... 4-92
(b) Rear Yard Requirements ........................ 4-92
(c) Street Access ............................... 4-92
(d) Permits and State Laws ........................ 4-92
(3) Apartment Density Bonus ............................. 4-93
(4) Elderly Housing .... ............................... 4-93
(a) Age Limit .. ............................... 4-93
(b) Public Transit ............................... 4-93
(c) Age Certification Required ...................... 4-93
(d) Street Access ............................... 4-94
(e) State Building Code ........................... 4-94
(f) Elevators ... ............................... 4-94
(g) Open Space . ............................... 4-94
(h) Shopping Access ............................. 4-94
(5) Height Exceeding 3 Floors ............................ 4-94
(a) Suitability .. ............................... 4-94
(b) Traffic .... ............................... 4-94
(c) Utilities .... ............................... 4-94
(d) Added Set -Backs ............................. 4-94
(6) Group Care Facility .. ............................... 4-94
4.08A "R -5" SENIOR CITIZEN AND PHYSICALLY HANDICAPPED RESIDENTIAL HOUSIN4W5
4.08A1 Purpose ....... ....... ............................... 4-95
4.08A2 Permitted Uses .......... ............................... 4-95
4.08A3 Conditional Uses R -5 ...... ............................... 4-95
(1) Nursing Homes .... ............................... 4-95
(a) Side Yards, Double ........................... 4-95
(b) Rear Yard Requirements ........................ 4-95
(c) Street Access ............................... 4-95
(d) Permits and State Laws ........................ 4-95
(2) Adult Day Care .... ............................... 4-95
(a) Front Set Back .............................. 4-95
(b) Rear Yard Requirements ........................ 4-95
(c) Off - Street Loading ............................ 4-95
(d) Street Access ............................... 4-95
(e) Permits and State Laws ........................ 4-95
(3) Physically Handicapped Housing ........................ 4-96
4.08A4 Conditional Accessory .. ............................... 4-96
4.09 "R -O" RESIDENTIAL - OFFICE DISTRICT ............................ 4-98
4.091 Purpose ............... ............................... 4-98
4.092 Permitted Uses R -0 ....... ............................... 4-98
(1) Less Intensive Use District ............................ 4-98
4.093 Permitted Accessory Uses, R -O ............................... 4-98
(1) Less Intensive Use District ............................ 4-98
4.094 Conditional Uses R -O ..... ............................... 4-98
(1) Less Intensive Use District ............................ 4-98
(2) Medical; Professional and Commercial .................... 4-98
X
ffil
(a) Street Access ...............................
4-98
(b) Traffic Flow . ...............................
4-98
(c) Buffers .... ...............................
4-98
(3)
Parking ......... ...............................
4-98
(a) Excess of Requirements for Principal Use .............
4-98
(b) Street Access ...............................
4-98
(4)
Retail Commercial .. ...............................
4-99
(a) Sales at Retail ..............................
4-99
(b) Principal Use ...............................
4-99
(c) Area ...... ...............................
4 -99
(d) Not in Residential ............................
4-99
(e) Additional Signing Requirement ...................
4-99
(5)
Combined Residential and Non - Residential ..................
4-99
(a) Separate Floors ..............................
4-99
(b) Conflict of Uses .............................
4-99
4.10 "B -1"
LIMITED NEIGHBORHOOD BUSINESS DISTRICT .................
4- 1.00
4.101
Purpose
............... ...............................
4- 100
4.102
Permitted Uses, B -1 ....... ...............................
4- 100
(1)
Repealed by Ord. 95 -13 ..............................
4 - 100
(2)
Repealed by Ord. 95 -13 ..............................
4 - 100
(3)
Essential Services ... ...............................
4 - 1.00
(3A)
Convenience Food Take - Out /Delivery Establishmen
.... . . . . . ... .
-100
(4)
Convenience, Limited M erchandise, Grocery Stores (not SupermarketT4pe) .00
(5)
Cleaning ........................................
4 - 100
(6)
Antique shops ..... ...............................
4- 100
(7)
Art /school supplies, books, office stationery stores .............
4 - 100
(8)
Bicycle sales /repair .. ...............................
4- 100
(9)
Candy, ice cream, ice milk, popcorn, nuts, frozen desserts, packaged snacks, sof
drinks ........... ..............................
-100
(10)
Coin and philatelic stores .............................
4- 100
(11)
Copy and printing service .............................
4- 1.00
(12)
Fabric store ....... ...............................
4- 100
(13)
Florist shop ....... ...............................
4- 100
(14)
Gift or novelty stores tores . ...............................
4- 100
(14A)
Government and Utility Buildings ........................
4- 100
(15)
Hobby stores ...... ...............................
4- 1.00
(16)
Locksmith ........ ...............................
4- 100
(16A)
Professional and Commercial Offices .....................
4- 101
(17)
Toy stores ........ ...............................
4- 101
(18)
Tailor shops ...... ...............................
4- 101
(19)
Record /compact disc /video stores sales and rental ..............
4- 101
(20)
Real estate sales .... ...............................
4- 101
(21)
Camera /photographic supplies /processing ...................
4- 101
(22)
Outdoor Sales of Seasonal Farm Produce ...................
4- 1.01
(23)
Personal Services ... ...............................
4- 101
4.103
Permitted Accessory Uses, B -1 ...............................
4- 101
(1)
Accessory Building .. ...............................
4-101
(2)
Parking ......... ...............................
4- 101
(3)
Off - Street Loading .. ...............................
4- 101
(4)
I= ..........................................
4 -101
ffil
11
(5)
Pinball Machines ... ...............................
4- 101
(6)
Adult Uses - Accessory ...............................
4-101
(7)
Personal Wireless Service Antennas ......................
4-101
(8)
Accessory Antennas . ...............................
4- 101
4.104
Conditional Uses, B -1 ...... ...............................
4- 1.02
(1)
Drive - Through Service Windows ........................
4- 102
(2)
PUD, Commercial .. ...............................
4- 102
(3)
Restaurant ........ ...............................
4- 102
(4)
Day Care Facility .......... • .......................
4- 103
4.11 "B -2"
RETAIL BUSINESS DISTRICT ...............................
4- 104
4.111
Purpose
............... ...............................
4 - 104
4.112
Permitted Uses. B -2 ....... ...............................
4 - 104
(1)
Less Intensive Use District ............................
4 - 104
(2)
Banks (Without a Drive Through) ........................
4 - 104
(3)
Electrical Appliance Stores ............................
4 - 104
(4)
Grocery Stores and Supermarkets ........................
4 - 1.04
(5)
Limited B -4 Uses ... ...............................
4 - 104
(6)
Mortuary ........ ...............................
4- 104
(7)
Restaurants (Without a Drive Through) ....................
4 - 104
4.113
Permitted Accessory Uses, B -2 ...............................
4 - 104
(1)
Less Intensive Use District ............................
4- 104
(2)
(Repealed Ord. 96 -4) ...............................
4 - 104
4.114
Conditional Uses, B -2 ...... ...............................
4 - 104
(1)
Less Intensive Use District ............................
4 - 104
(2)
(Repealed, Ord. 96 -4) ...............................
4 - 104
(3)
PUD Commercial ... ...............................
4 - 104
(4)
Garden Novelty Stores ...............................
4 - 104
4.12 "B -3" AUTO - ORIENTED BUSINESS DISTRICT ........................
4 - 106
4.121
Purpose
............... ...............................
4 - 1.06
4.122
Permitted Uses, B -3 ....... ...............................
4 - 106
(1)
Auto Accessory Store ...............................
4 - 106
(2)
Motor Vehicle and Recreation Equipment Sales and Garages Accessory
Thereto
.............................................
4 -106
(3)
Repealed by Ord. 95 -3 ...............................
4 - 106
(4)
Motels .........................................
4 -106
(5)
Restaurants Convenience Food Drive -In ...................
4 - 106
(6)
Amusement Rides ... ...............................
4 - 1.06
(7)
Outdoor Sales of Seasonal Farm Produce ...................
4 - 106
(8)
Personal Services ... ...............................
4 - 106
4.123
Permitted Accessory Uses, B -3 ...............................
4 - 1.06
(1)
Less Intensive Use District ............................
4 - 106
4.124
Conditional Uses, B -3 ...... ...............................
4 - 106
(1)
Automobile Service Station ............................
4 - 106
(2)
Convenience Store with Gasoline ........................
4 - 107
(3)
Drive - Through Service Windows ........................
4 - 109
(4)
Car Washes ....... ...............................
4 - 109
(5)
Motor Vehicle Sales, Service, Leasing /Rental and Repair
............................ ....
-1.1.0
(6)
Adult Uses - Principal . ...............................
4 - 112
4.125
Conditional Accessory Use, B -3 ..............................
4 - 112
(1)
Automobile Service Station Additional Uses .................
4 - 112
11
4.13
(2)
Automobile Service Stations Subordinate Uses ...............
4- 113
(3)
Open Storage, Accessory .............................
4- 113
(4)
Outdoor Sales and Services, Accessory ....................
4- 114
(5)
Enclosed Sales and Service, Accessory ....................
4- 114
(6)
Take -Out Service Window ............................
4- 114
(7)
Sale of Propane or LP Gas Accessory To Automobile Service Station .
4 - 115
(8)
Outdoor Dining, Accessory ............................
4- 115
"B -4" COMMUNITY BUSINESS DISTRICT ...........................
4- 118
4.131 Purpose ............... ...............................
4- 118
4.132 Permitted Uses, B -4 ....... ...............................
4- 118
(1)
Less Intensive Use Districts ............................
4- 118
(2)
Antique Shops ..... ...............................
4- 118
(3)
Art /School Supplies, Book, Office Supplies, Stationery Store
............... ..............................
-118
(4)
Bicycle Sales /Repair . ...............................
4- 118
(5)
Candy, Ice Cream, Ice Milk, Popcorn, Nuts, Frozen Desserts, Packaged Snacks,
Soft Drinks ....... ...............................
4- 118
(6)
Carpet, Rugs and Tile and Other Floor Coverings .............
4- 118
(7)
Coin and Philatelic Stores ............................
4- 118
(8)
Commercial and Professional Offices .....................
4- 118
(9)
Copy and Printing Service ............................
4- 118
(10)
Costume and Clothes Rental ...........................
4- 118
(11)
Office Equipment Stores ..............................
4- 118
(12)
Enclosed Boat and Marine Sales .........................
4- 118
(13)
Dry Cleaning Including Plant Accessory heretofore, Pressing and Repai4in4 18
(14)
Drug Store ....... ...............................
4- 118
(15)
Employment A eg ncies ...............................
4- 118
(16)
Florist Shop ....... ...............................
4- 118
(17)
Furniture Stores ........................... I. I .....
4- 1.18
(18)
Furriers when Conducted only for Retail Trade, on Premises
............... ..............................
-118
(19)
Garden Novelty y tores ...............................
4- 118
(20)
Gift or Novelty Stores ...............................
4- 118
(21)
Hobby Store ...... ...............................
4- 118
(22)
(Repealed, Ord. 96 -4) . ...............................
4- 118
(23)
Locksmith ........ ...............................
4- 119
(24)
Meat Market but Not Including Locker Storage ...............
4- 119
(25)
Paint and Wallpaper Sales .............................
4- 119
(26)
Plumbing, Television, Radio, Electrical Sales and Such Repair
............ ..............................
-119
(27)
Theaters, not Outdoor Drive -In Type ......................
4- 119
(28)
Toy Stores ....... ...............................
4- 119
(29)
Custom Manufacturing and Repair .......................
4- 119
(30)
Tailor Shops ...... ...............................
4- 119
(31)
Jewelry Shops and Other Similar Uses .....................
4- 119
(32)
Travel Bureaus, Transportation, Ticket Offices ...............
4- 119
(33)
Variety Stores, 5/10 Cent Stores, Stores of Similar Nature
........ .................... . ................
4 -119
(34)
Wearing Apparel ... ...............................
4- 119
(35)
Banks, Savings /Loans, Credit Unions, Other Financial Institution ...
4 - 119
(36)
Public Garage /Parking Ramp ...........................
4- 119
12
13
(37)
Record Shop ...... ...............................
4- 119
Building Materials Sales and Storage ......................
(38)
Real Estate Sales ... ...............................
4- 119
122
(39)
Building Material Sales of Retail Nature in Totally Enclosed Building .
4- 119
(10)
(40)
Fabric Stores ........... I ......... I ...............
4- 119
Manufacturing etc ... ...............................
(41)
Camera /Photographic Supplies ..........................
4- 119
4- 122
(42)
Restaurant and Convenience Food Establishmen ..............
4- 119
(14)
(43)
Off -Sale Liquor Stores ...............................
4- 119
Outdoor Sales of Seasonal Farm Produce ...................
(44)
Medical ......... ...............................
4- 119
(1)
(45)
Sporting Goods Stores ...............................
4- 119
Eating Establishments ...............................
(46)
Pet Shops ........ ...............................
4- 119
4- 123
(47)
Hardware Stores .... ...............................
4- 119
Open Outdoor Storage, Accessory .. • • ... • • ... • .. • • . • • ..
(48)
Commercial Recreational Uses Not Exceeding 4,000 Square Feet in Arch- 120
Outdoor Sales and Service, Accessory .....................
(49)
Pawn Shops ....... ...............................
4- 120
4.133
Permitted Accessory Uses, B -4 ...............................
4- 120
4- 125
(1)
Less Intensive Use District ............................
4- 120
4.134
Conditional Uses B -4 ...... ...............................
4- 120
(1)
Less Intensive Use District ............................
4- 120
(2)
Planned Unit Development - Commercial ..................
4- 120
(3)
Training Schools .... ...............................
4- 120
(4)
Veterinarian Clinics .. ...............................
4- 120
(5)
Deleted .........................................
4 -1.20
(6)
Commercial Recreation Facilities ........................
4- 120
(7)
Adult Uses - Principal . ...............................
4- 121
4.14 "I -1" LIMITED INDUSTRIAL DISTRICT .............................
4- 122
4.141
Purpose
............... ...............................
4- 122
4.142
Permitted Uses
4- 122
(1)
Radio and Television Antenna Farm ......................
4- 122
(2)
Research Laboratory . ...............................
4- 122
(3)
Trade School ...... ...............................
4- 122
(4)
Warehouses ..................... 0 ................
4- 122
(5)
Essential Services ... ...............................
4- 122
(6)
Governmental and Public Utility Buildings and Structures
13
.......................
4 -122
(7)
Building Materials Sales and Storage ......................
4- 1.22
(8)
Engraving, Printing and Publishing ......................1
122
(9)
Medical, Dental and Optical Laboratories ...................
4 - 122
(10)
Wholesale Business .. ...............................
4 - 122
(I1)
Manufacturing etc ... ...............................
4- 122
(12)
Automobile Major Repair .............................
4- 122
(13)
Commercial Offices . ...............................
4- 1.22
(14)
Cable TV ........ ...............................
4- 122
(15)
Outdoor Sales of Seasonal Farm Produce ...................
4- 122
4.143 Permitted Accessory Uses ... ...............................
4- 123
(1)
Less Intensive District Use ............................
4- 123
(2)
Eating Establishments ...............................
4- 123
(3)
Open Outdoor Storage ...............................
4- 123
4.144 Conditional Uses ......... ...............................
4- 123
(1)
Open Outdoor Storage, Accessory .. • • ... • • ... • .. • • . • • ..
4 - 124
(2)
Outdoor Sales and Service, Accessory .....................
4- 124
(3)
Planned Unit Development, Industrial .....................
4- 124
(4)
Schools, Specialty ... ...............................
4- 125
13
14
(5)
Schools, Training ... ...............................
4- 125
(6)
Retail Sales, Limited . ...............................
4- 125
(7)
Restaurants ....... ...............................
4- 125
(8)
Motel ..........................................
4 -125
(9)
Commercial Recreation Facilities ........................
4- 125
(10)
Solid Waste Transfer Stations ..........................
4- 126
(11)
Self Storage (mini warehouse) Facilities ....................
4- 127
(12)
Outdoor Storage of Propane or LP Gas, Accessory .............
4- 1.28
(13)
Adult Uses - Principal . ...............................
4- 128
(14)
Personal Wireless Service Antenna Towers ..................
4- 128
(15)
Commercial and Public Radio and Television Transmitting Antennas and Publi
Utility Microwave Antennas and Related Antenna Towers ........
4- 129
4.145
Special Requirements for all Limited Industrial Uses .................
4- 1.30
(1)
Lot Area ......... ...............................
4- 130
(2)
Green Area ....... ...............................
4 - 130
(3)
Parking Lots ...... ...............................
4 - 130
(4)
Parking Lot Screening ...............................
4 - 130
(5)
Landscaping Plans ... ...............................
4 - 130
(6)
Design Standards - Curb Cuts ..........................
4 - 130
4.15 "I -2" GENERAL INDUSTRIAL DISTRICT ............................
4 - 131
4.151
Purpose ............... ...............................
4 - 1.31
4.152
Permitted Uses .......... ...............................
4 - 131
(1)
Less Intensive Use District ............................
4 - 131
4.153
Permitted Accessory Uses ... ...............................
4 - 1.31
4.154
Conditional Uses - I -2 District . ...............................
4 - 131
(1)
Less Intensive Use District ............................
4 - 131
(2)
Trucking Operation .. ...............................
4 - 131
(3)
Health and Social Services ............................
4 - 131
(4)
Day Care Centers ... ...............................
4 - 1.31
4.16 SHORELAND PERMIT OVERLAY DISTRICT (SP) ......................
4- 131
4.161
Policy
and Application ..... ...............................
4 - 131
(1)
Policy ........... ..............................
-131
(2)
Statutory Authorization ..............................
4 - 131
(3)
Jurisdiction ....... ...............................
4 - 131
(4)
Compliance ......................................
4 -132
(5)
District Application .. ...............................
4 - 132
(6)
District Boundaries .. ...............................
4 - 1.32
4.162
Shoreland Classification System ...............................
4 - 132
(1)
Public Waters ..... ...............................
4 - 132
(2)
Official Map ...... ...............................
4 - 1.32
(3)
Lakes ..........................................
4 -132
(4)
Rivers and Streams .. ...............................
4 - 132
4.163
Administration ........... ...............................
4 - 132
(1)
Shoreland Permit Re uq ired ............................
4 - 132
(2)
Certificate of Zoning Compliance ........................
4 - 133
(3)
Variance ........................................
4 -133
(4)
Conditional Use Permit ..............................
4 - 133
(5)
Notifications to the Department of Natural Resources
.................. . ..........
4 -133
(a) Public Hearings ..............................
4 - 133
(b) Approval ... ...............................
4 - 133
14
4.164
Land Use District Descriptions ...............................
4- 133
(1)
Allowed Uses ..... ...............................
4- 133
4.165
Lot Area and Width Standards . ...............................
4- 134
(1)
Residential ....... ...............................
4- 134
(2)
Commercial and Industrial ............................
4- 134
4.166
Placement, Design, and Height of Structures ......................
4- 134
(1)
Placement of Structures on Lots .........................
4- 134
(a) Required Setbacks ............................
4- 1.34
(b) Ordinary High Water Level Setback .................
4- 135
(c) Required Bluff Setback .........................
4- 135
(d) Bluff Impact Zones ...........................
4- 135
(e) Height of Structures ...........................
4- 135
(2)
Design Criteria for Structures ..........................
4- 135
(a) High Water Elevations .........................
4- 135
(b) Water - oriented Accessory Structures ................
4- 136
(c) Stairways, Lifts and Landings .....................
4- 136
(d) Steep Slopes ...............................
4- 137
(3)
Shoreland Alterations . ...............................
4- 137
(a) Vegetation Alteration ..........................
4 - 137
(b) Construction Permit ...........................
4- 137
(c) Shoreland Grading/Filling Permit ermit ..................
4- 137
(d) Conditions .. ...............................
4- 138
(e) Connections to public waters .....................
4- 139
(4)
Stormwater Management ....... I ................. I ...
4- 139
(a) General Standards ............................
4- 139
(b) Specific Standards ............................
4- 140
4.167
Nonconformities ......... ...............................
4- 141
4.17 FLOOD
PLAIN
DISTRICT (FP) .... ...............................
4- 141
4.18 WETLANDS DISTRICT (W) ...... ...............................
4- 141
4.19 PLANNED UNIT DEVELOPMENT DISTRICT (PUD) ....................
4- 142
4.191
Purpose
and Intent ........ ...............................
4- 142
(
A.Pplication ....... ...............................
4- 142
(2)
Special Procedures .. ...............................
4- 142
4.192
General Requirements and Standards for a PUD ....................
4- 142
(1)
Ownership ...................... I ...............
4- 142
(2)
Comprehensive Plan Consistency ........................
4- 142
(3)
Common Open Space . ...............................
4- 142
(4)
Operating and Maintenance Requirements for PUD Common Open
Space /Facilities .... ...............................
4- 142
(5)
Staging of Public and Common Open Space Dedication
.............................................
4 -143
(6)
Density .......... ...............................
4- 143
(7)
Underground Utilities ...............................
4- 143
(8)
Utility Connections .. ...............................
4- 143
(9)
Roadways, Private .. ...............................
4- 1.43
(10)
Landscaping ...... ...............................
4- 144
(11)
Public Services ..... ...............................
4- 144
(12)
Building Height .... ...............................
4- 1.44
(13)
Refuse .......... ...............................
4- 144
(14)
Development Agreement .............................
4- 144
4.193
Residential Planned Unit Development, CUP, Requirements ............
4- 144
15
16
(1)
Purpose ......... ............................... 4- 144
(2)
Required Frontage .. ...............................
4- 144
(3)
Yards ..........................................
4 -144
(4)
Density Bonus ..... ...............................
4- 145
(5)
Townhouses, Cooperatives, Condominiums ..................
4- 145
4.194
Commercial or Industrial Planned Unit Development, CUP Requirements ....
4- 146
(1)
Purpose ......... ...............................
4- 146
(2)
Fronta e ......... ...............................
4- 1.46
(3)
Yard .......... .. ..............................
4 -146
(4)
Landscaping, Screening and Surfacing .....................
4- 146
4.195
Mixed Use Planned Unit Development, Zoning Text Amendmen
.....................
..............................
-146
(1)
Purpose ......... ...............................
4- 1.46
(2)
Repealed ......... ...............................
4- 146
(3)
Frontage ......... ...............................
4- 146
(4)
Yards ..........................................
4 -1.46
(5)
Landscaping, Screening and Surfacing .....................
4- 146
4.196
Procedure for Processing a Planned Unit Developmen ................
4- 147
(1)
Stages of PUD ..... ...............................
4- 147
(2)
Application Conference ..............................
4- 147
(3)
General Concept Plan ...............................
4- 1.47
(4)
Development Stage Plan ..............................
4- 148
(5)
Final Plan ........ ...............................
4- 151
4.197
Information and Documentation Requirements for Plan Submission
.........
.......... ................................
4 -152
(1)
General Concept Stage ...............................
4- 152
(2)
Development Stage .. ...............................
4- 154
(3)
Final Plan Stage .... ...............................
4- 155
4.20 ADMINISTRATION; CONDITIONAL USES TEXT CHANGES VARIANCES
ZONING
APPEALS ..................................................
4 -157
4.201
Special Zoning Procedures ... ...............................
4- 157
4.202
Decisional Process ........ ...............................
4 - 1.57
(1)
Request for Special Zoning -How Made ....................
4- 157
(2)
Request for Minor Variance ...........................
4- 160
4.21 Conditional Use Permit .......... ...............................
4- 160
4.211
Purpose
of CUP .......... ...............................
4- 160
4.212
Criteria for Decision ....... ...............................
4 - 161
(1)
Comprehensive Plan . ...............................
4-161
(2)
Compatibility ...... ...............................
4-161
(3)
Performance Standards ...............................
4 - 161.
(4)
No Depreciation in Value .............................
4 - 161
(5)
Zoning District Criteria ..............................
4-161
(6)
In Residential Districts (R -1, R -2, R -3, R -4, R -5, R -O)
4-161
(7)
In Business Districts (B -1, B -2, B -3, B -4) ...................
4 - 1.61.
(8)
In Industrial Districts (I -1, 1 -2) ..........................
4-161
4.22 Variances ........
............ ....... .... ...................
-162
4.221
Purpose
of Variance ....... ...............................
4- 162
(1)
Undue Hardship .... ...............................
4- 162
(2)
Planning; Commission and Council .......................
4- 162
(3)
Use Compatibility ... ...............................
4- 162
16
4.23
4.222 Additional Criteria for Decision ...............................
(1) Consistent With Purpose of Variance ......................
(2) Light and Air ...... ...............................
(3) Street Congestion ... ...............................
(4) Public Safety ...... ...............................
(5) Property Values .... ...............................
Text Changes, Appeals and Conditional Use and Variance Performance Agreement ...
4- 162
4- 162
4- 162
4- 162
4- 163
4- 163
4 - 163
4.231 Text Changes ........... ...............................
4- 163
4.232 Appeals from Administrative Action ............................
4- 163
4.233 Conditional Use and Variance Performance Agreement ................
4- 163
(1) Performance Bond .. ...............................
4- 163
(2) Bond Release ......................... I ...........
4- 163
(4) Hold Harmless and Indemnification of City ..................
4- 164
(5) Attorneys Fees .... ...............................
4- 164
4.24
DISTRICT BOUNDARIES ........ ...............................
4- 165
4.25
Extent of R -1 Single- Family Residence Districts ..........................
4- 1.65
4.26
Extent of R -2 Single and Two Family Residential District ....................
4- 165
4.27
Extent of R -3 Medium Density Residential District ........................
4- 167
4.28
Extent of R -4 High Density Residential District ..........................
4- 168
4.28A
Extent of R -5 Senior Citizen Residential Housing; Distric ....................
4- 170
4.29
EXTENT OF R -O RESIDENTIAL - OFFICE DISTRICT ....................
4- 1.72
4.29A
Residential /Office PUD District ..... ...............................
4- 173
4.30
EXTENT OF B -1 LIMITED NEIGHBORHOOD BUSINESS DISTRICT
....................... .................................
4 -174
4.31
EXTENT OF B -2 RETAIL BUSINESS DISTRICT ........................
4- 174
4.32
EXTENT OF B -3 AUTO - ORIENTED BUSINESS DISTRICT ................
4- 176
4.33
EXTENT OF B -4 COMMUNITY BUSINESS DISTRICT ...................
4- 177
4.34
EXTENT OF I -1 LIMITED INDUSTRIAL DISTRICT .....................
4- 179
4.35
EXTENT OF I -2 GENERAL INDUSTRIAL DISTRICT ....................
4- 180
4.36
ADMINISTRATION - COST RECOVERY .............................
4 - 181
4.361 Purpose .............. ............................... .
-
4 181
4.362 Basic Zoning Fee ......... ...............................
4 - 181
4.363 Zoning Deposit .......... ...............................
4 - 181
4.364 Supplemental Zoning Deposit . ...............................
4-181
4.365 Refunds - Indirect Costs ..... ...............................
4 - 181
4.366 Refunds - Direct Costs ..... ...............................
4-181
4.367 Enforcement ........... ............................... .
-
4 1.81
17
4.00 ZONING
4.01 TITLE AND APPLICATION
4.011 Title This Zoning Code shall be known as the "New Hope Zoning Code" except as referred
to herein, where it may be known as "this Code".
4.012 Purpose The intent of this Zoning Code is to protect the public health, safety and general
welfare of the community and its people through the establishment of minimum regulations
governing development and use. This Code divides the City into use districts and establishes
regulations in regard to location, erection, construction, reconstruction, alteration and use of
structures and land. Such regulations are established to protect the use areas; to promote
orderly development and redevelopment; to provide adequate light, air and convenience of
access to property; to prevent congestion in the public right -of -way; to prevent overcrowding
of land and undue concentration of structures by regulating land, buildings, yards and density
of population; to provide for compatibility of different land uses; to provide for administration
of this Code; to provide for amendments; to prescribe penalties for violation of such
regulations; and to define powers and duties of the City staff, the Board of Adjustment and
Appeals, the Planning Commission, and the City Council in relation to the Zoning Code.
4.013 Comprehensive Municipal Plan It is the policy of the City of New Hope that the enforcement,
amendment, and administration of this Code be accomplished with due consideration of the
recommendations and policies contained in the Comprehensive Municipal Plan as developed
and amended from time to time by the Planning Commission and City Council of the City. The
Council recognizes the Comprehensive Municipal Plan as the Policy for regulation of land use
and development in accordance with the policies and purpose herein set forth.
4.014 Restrictive Interpretation Where the conditions imposed by any provisions of this Code are
either more or less restrictive than comparable conditions imposed by other ordinance, rule or
regulation of the City, the ordinance, rule or regulation which imposes the more restrictive
condition, standard, or requirements shall prevail.
4.015 Minimum Requirements In their interpretation and application, the provisions of this Code
shall be held to be the minimum requirements for the promotion of the public health, safety and
welfare.
4.016 Permits Controlled No permits shall be issued, and no structure shall be erected, converted,
enlarged, reconstructed or altered, used or occupied, and no structure or land shall be used for
any purpose nor in any manner which is not in conformity with the provisions of this Code.
4.017 Prohibition of Uses Not Specifically Authorized Whenever in any zoning district a use is
neither specifically permitted nor denied, the use shall be considered prohibited. In such case
the City Council or the Planning Commission, on their own initiative or upon request, may
conduct a study to determine if the use is acceptable and if so what zoning district would be
most appropriate and the determination as to conditions and standards relating to development
of the use. The City Council, Planning Commission or property owner, upon receipt of the
staff study shall, if appropriate, initiate an amendment to the Zoning Code to provide for the
particular use under consideration or shall find that the use is not compatible for development
within the City.
4.018 Authori . This Zoning Code is enacted pursuant to the authority granted by the Municipal
Planning Act, Minnesota Statutes, Sections 462.351 to 462.363.
4 -1 072684
4.019 Separability It is hereby declared to be the intention of the City that the several provisions of
this Zoning Code are separable in accordance with the following:
,l,# 9 (1) Invalid Provision If any court of competent jurisdiction shall adjudge any provision
of this Zoning Code to be invalid, such judgment shall not affect any other provisions
of this Zoning Code not specifically included in said judgment.
4.019(2) Adjudication of Invalid Application If any court of competent jurisdiction shall
adjudge invalid the application of any provision of this Code to a particular property,
building, or other structure, such judgment shall not affect the application of said
provision to any other property, building, or structure not specifically included in said
judgment.
4-2 072684
4.02 RULES AND DEFINITIONS
4.021 Rules The language set forth in the text of this Zoning Code shall be interpreted in accordance
with the following rules of construction. and definitions. Any conflict with common usage or
Chapter 1 as to the meaning of a word or term shall be resolved in favor of the following
definitions, if the word applies to this Zoning Code. Otherwise, the definitions in Chapter 1
will control.
.................. ............................... (Code 072684)
4.022 Definitions The following words and terms, wherever they occur in this Zoning Code, shall
be interpreted as follows:
4 022 (1) Accessory Building or r Use A subordinate building or use which is located on the
same lot on which the main building or use is situated and which is reasonably
necessary and incidental to the conduct of the primary use of such building or main
use.
4.022(2) Adult Day Care Personal care during the day (for less than 24 hours) in a protective
setting licensed by the State of Minnesota providing companionship, education,
recreational or developmental activities, as well as integral but subordinate medical
services in the form of medical examinations, dental screening, and immunizations.
4.022 (2)(a) Adult Uses Any of the activities and businesses described below constitute Sexually
Oriented Businesses which are subject to the regulations of this Code and more
specifically §4.039C herein.
4,022(2)(a) (i) Adult Uses - Body Painting Studio An establishment or business which
provides the service of applying paint or other substance, whether
transparent or non - transparent, to the body of a patron when such body
is wholly or partially nude in terms of "specified anatomical areas ".
4.022(2)(a) (ii) Adult Use - Bookstore A building or portion of a building used for the
barter, rental or sale of items consisting of printed matter, pictures,
slides, records, audio tape, videotape, or motion picture film if such
building or portion of a building is not open to the public generally but
only to one or more classes of the public excluding any minor by reason
of age and if a substantial or significant portion of such items are
distinguished and characterized by an emphasis on the depiction or
description of "specified sexual activities" or "specified anatomical
areas ".
4.02,242)(a) (iii) Adult Use - Cabaret A building or portion of a building used for
providing dancing or other live entertainment, if such building or portion
of a building excludes minors by virtue of age and if such dancing or
other live entertainment is distinguished and characterized by an
emphasis on the presentation, display, depiction or description of
"specified sexual activities" or "specified anatomical areas ".
4,02:2(2)(aa) (iv) Adult Use - Companionship Establishment A companionship
establishment which excludes minors by reason of age, and which
provides the service of engaging in or listening to conversation, talk or
discussion between an employee of the establishment and a customer, if
such service is distinguished and characterized by an emphasis on
"specified sexual activities" or "specified anatomical areas ".
4-3 072684
4.022(2)(a) (v) Adult Use - Conversation /Rap Parlor A conversation /rap parlor which
excludes minors by reason of age, and which provides the services of
engaging in or listening to conversation, talk, or discussion, if such
service is distinguished and characterized by an emphasis on "specified
sexual activities" or "specified anatomical areas ".
4, ,022( 2 .)(a) (vi) Adult Use - Health /Sport Club A health /sport club which excludes
minors by reason of age, and if such club is distinguished and
characterized by an emphasis on "specified sexual activities" or
"specified anatomical areas ".
4.022(2)(:x) (vii) Adult Use - Hotel or Motel Adult hotel or motel means a hotel or
motel from which minors are specifically excluded from patronage and
where material is presented which is distinguished and characterized by
an emphasis on matter depicting, describing or relating to "specified
sexual activities" or "specified anatomical areas ".
4.022(2)(a) (viii) Adult Use - Massage Parlor, Health Club A massage parlor or health
club which restricts minors by reason of age, and which provides the
services of massage, if such service is distinguished and characterized by
an emphasis on "specified sexual activities" or "specified anatomical
areas ".
4.022(2)(x) (ix) Adult Use - Mini - Motion Picture Theater A building or portion of a
building with a capacity for less than 50 persons used for presenting
material if such building or portion of a building as a prevailing practice
excludes minors by virtue of age, and if such material is distinguished
and characterized by an emphasis on "specified sexual activities" or
"specified anatomical areas" for observation by patrons therein.
4.022(2)(a) (x) Adult Use - Modeling S, tud o : An establishment whose major business
is the provision, to customers, of figure models who are so provided
with the intent of providing sexual stimulation or sexual gratification to
such customers and who engage in "specified sexual activities" or
display "specified anatomical areas" while being observed, painted,
painted upon, sketched, drawn, sculptured, photographed, or otherwise
depicted by such customers.
4.022(2)(a) (xi) Adult Use - Motion Picture Arcade Any place to which the public is
permitted or invited wherein coin or slug- operated or electronically,
electrically or mechanically controlled or operated still or motor picture
machines, projectors or other image - producing devices are maintained
to show images to five or fewer persons per machine at any one time,
and where the images so displayed are distinguished and characterized
by an emphasis on depicting or describing "specified sexual activities"
or "specified anatomical areas".
4.022(2)(a) (xii) Adult Use - Motion Picture Theater A building or portion of a building
with a capacity of 50 or more persons used for presenting material if
such building or portion of a building as a prevailing practice excludes
minors by virtue of age and if such material is distinguished and
characterized by an emphasis on "specified sexual activities" or
"specified anatomical areas" for observation by patrons therein.
4-4 072684
4.022(2)(a) (xiii) Adult Use - Novelty Business A business which has as a principal
activity the sale of devices which stimulate human genitals or devices
which are designed for sexual stimulation.
4.022(2)(a) (xiv) Adult Use - Sauna A sauna which excludes minors by reason of age, and
which provides a steam bath or heat bathing room used for the purpose of
bathing, relaxation, or reducing, utilizing steam or hot air as a cleaning,
relaxing or reducing agent, if the service provided by the sauna is
distinguished and characterized by an emphasis on "specified sexual
activities" or "specified anatomical areas ".
4.022(2)(a) (xv) Adult Use - Steam Room/Bathhouse Facility A building or portion of a
building used for providing a steam bath or heat bathing room used for
the purpose of pleasure, bathing, relaxation, or reducing, utilizing steam
or hot air as a cleaning, relaxing or reducing agent if such building or
portion of a building restricts minors by reason of age and if the service
provided by the steam room/bathhouse facility is distinguished and
characterized by an emphasis on "specified sexual activities" or "specified
anatomical areas ".
4,022(3) Alley A public right -of -way less than thirty feet in width which affords secondary
access to abutting property.
....................... ............................... (Code 072684)
4.022)(3A) Applicant Any person, corporation, partnership, association of any type, public agency
or any other legal entity who submits an application to the Issuing Authority for a
permit or license pursuant to this Code.
............. ............................... (Code 072684, Ord. 90 -07)
4.022 (3B) Antenna Any of the below described uses requiring an antenna shall be subject to the
regulations of this Code and more specifically § §4.032(3)(h) and 4.039D herein:
442(311) (i) Antenna Personal Wireless Service A device consisting of a metal, carbon
fiber, or other electromagnetically conductive rods or elements on a single
supporting pole or other structure, and used for the transmission and reception
of wireless communication radio waves including cellular, personal
communication service (PCS), enhanced specialized mobilized radio (ESMR),
paging and similar services and including the support structure thereof.
4.022(3 B) (ii) Antenna, Public or Commercial Radio and Television, Broadcast Transmitting
A wire, set of wires, metal or carbon fiber rod or other electromagnetic
element used to transmit public or commercial broadcast radio, or television
programming and including the support structure thereof.
4.022(313) (iii) Antenna, Public Utility Microwave A parabolic dish or cornucopia shaped
electromagnetically reflective or conductive element used for the transmission
and /or reception of point to point UHF or VHF radio waves in wireless
telephone communications, and including the supporting structure thereof.
4.022(3 B) (iv) Antenna, Radio and Television Receiving A wire, set of wires, metal or
carbon fiber element(s), other than satellite dish antennas, used to receive
radio, television, or electromagnetic waves, and including the supporting
structure thereof.
4 -5 072684
4.022 {313) (v) Antenna Satellite Dish A device incorporating a reflective surface that is
solid, open mesh or bar configured and is in the shape of a shallow dish, cone,
horn, or cornucopia. Such device is used to transmit and/or receive radio or
electromagnetic waves between terrestrially and/or orbitally based uses. This
definition shall include, but not be limited to, what are commonly referred to
as satellite earth stations, TVROs (television, receive only) and satellite
microwave antennas and support structure thereof.
4.022(313) (A) Antenna. Short-Wave Radio Transmitting and Receiving A wire, set of wires
or a device, consisting of a metal, carbon fiber, or other electromagnetically
conductive element used for the transmission and reception of radio waves
used for short-wave radio communications, and including the supporting
structure thereof.
4,022 (3C) Antenna Support Structure Any building or other structure other than a tower which
can be used for location of antennas.
4.022 (3D) Antenna Tower A self - supporting lattice, guyed or monopole structure constructed
from grade which supports personal wireless service antennas. The term tower shall not
include amateur radio operators' equipment, as licensed by the FCC.
4.022 (3E) Antenna Tower - Temporary Mobile Any mobile tower, pole or structure located on a
trailer, vehicle or temporary platform intended primarily for the purpose of mounting
an antenna or similar apparatus for personal wireless service, which is commonly
referred to as cellular on wheels (COW).
.......................... ............................... (Ord. 97 -4)
4,022(4) Artificial Obstruction Means any obstruction which is not a natural obstruction (see
obstruction).
........................ .................. I........... (Code 072684)
4,022 (4A) As Graded The surface conditions extant on completion of grading.
. .................... . ..... I .............. I............. (Ord. 90 -07)
4,022 (5) Automobile Repair - Manor General repair, rebuilding or reconditioning of engines,
motor vehicles or trailers; collision service, including body, frame or fender
straightening or repair; overall painting or paint job; vehicle steam cleaning.
4,022(6) Automobile ReRair - Minor Minor repairs, incidental body and fender work, painting
and upholstering, replacement ofparts and motor services to passenger automobiles and
trucks not exceeding twelve thousand pounds gross weight, but not including any
operation specified under "Automobile Repair - Major ".
4,021 (7) Automobile Service Station See "Motor Fuel Station ".
4-6 072664
4,022 (8) Automobile Wrecking or Junk Yard Any place where two or more vehicles not in
running condition and /or not licensed, or parts thereof, are stored in the open and are
not being restored to operation or any land, building or structure used for wrecking
or storing of such motor vehicles or parts thereof; and including any commercial
salvaging and scavenging of any other goods, articles or merchandise.
............ ............................... (Code 072684)
1.022 (9) Basement Means any area of a structure, including crawl spaces, having its floor or
base subgrade (below ground level) on all four sides, regardless of the depth of
excavation below ground level.
.... ............................... (Code 072684, Ord. 91 -04)
.1122 (9A) Bedrock In place solid rock.
4 0 22 (9B) Bench A relatively level step excavated into earth material.
4.022. (9C) Best Management Practices A technique or series of techniques which, when used
in an erosion control plan, is proven to be effective in controlling construction- related
runoff, erosion and sedimentation.
............. ............................... (Ord. 90 -07)
4.022 (9D) Bluff A topographic feature such as a hill, cliff, or embankment having the following
characteristics (an area with an average slope of less than eighteen (18) percent over
a distance for fifty (50) feet or more shall not be considered part of the bluff):
4.1,)22( 'D) (a) Part or all of the feature is located in a shoreland area;
w1.022(9D) (b) The slope rises at least twenty -five (25) feet above the ordinary high water
level of the waterbody;
41 0220D) (c) The grade of the slope from the toe of the bluff to a point twenty -five (25)
feet or more above the ordinary high water level averages thirty (30) percent
or greater; and
4.022(99) (d) The slope must drain toward the waterbody.
............. ............................... (Ord. 98 -17)
4,022 (9E) Bluff Impact Zone A bluff and land located within twenty (20) feet from the top of
a bluff.
............. ............................... (Ord. 98 -17)
4.022 (10) Board of Appeals and Adjustments The City Council sitting as a review board for
zoning matters as provided in Minn. Stat. 462.351 Subd. 6.
............................... (Code 072684, Ord. 85 -2, 88 -14)
4,022 (11) Boarding House A building other than a hotel where, for compensation and by
prearrangement for definite periods, meals or lodging and meals are provided to three
or more persons, not of the principal family therein, pursuant to previous
arrangements and not to anyone who may apply, but not including a building providing
these services for more than ten persons.
4-7 072684
4 J 22 (11A) Boulevard That portion of the dedicated street or right -of -way lying between the
curb, or traveled portion of the right -of -way if there is no curb, and the lot or property
line.
............ ............................... (Code 072684)
4,022(11B) Borrow Earth material acquired from an off -site location for use in grading on a site.
............. ............................... (Ord. 90 -07)
4.022 (12) Buildable Area The portion of a lot remaining after required yards and set -backs
have been provided.
4,022 (12A) Building Line A line parallel to a lot line or the ordinary high water level at the
required setback beyond which a structure may not extend.
...................................... I..... (Ord. 98 -17)
1.022 (13) Building Any structure used or intended for supporting or sheltering any use or
occupancy.
4,022 (14) Building Height A distance to be measured from the mean ground level to the top of
a flat roof, to the mean distance of the highest gable on a pitched or hip roof, to the
deck line of a mansard roof, to the uppermost point on all other roof types.
4,022 (15) Business Any establishment, occupation, employment or enterprise where
merchandise is manufactured, exhibited or sold, or where services are offered for
compensation.
4,022 (16) Carport A canopy constructed of metal or other material supported by posts either
ornamental or solid and completely open on more than one side.
4,022 (17) Cellar That portion of a building having more than one -half of the floor to ceiling
height below the average land grade.
4,022, (18) Channel A natural or artificial depression of perceptible extent, with definite bed and
banks to confine and conduct water either continuously or periodically.
............... I ........................... (Code 072684)
4.022 (19) Deleted
..... ............................... (Code 072684, Ord. 85 -2)
4.022 (20) Children One or more persons under the age of 16, or persons over 16 years of age,
but under 21, if for reasons of mental retardation they still require the protection
needed by persons under 16 years of age.
4.022 (21) Church A building, together with its accessory buildings and uses, where persons
regularly assemble for religious worship and which building, together with its
accessory buildings and uses, is maintained and controlled by a religious body
organized to sustain public worship.
............ ............................... (Code 072684)
4 J)22 (22A) Civil Engineer A professional engineer registered in the State of Minnesota to
practice in the field of civil works.
4-8 072684
4.022 (22B) Civil Engineering The application of the knowledge of the forces of nature,
principles of mechanics and the properties of materials to the evaluation, design and
construction of civil works for the beneficial uses of mankind.
............. ............................... (Ord. 90 -07)
4,02 (22) Club or Lodge A club or lodge is a non - profit association of persons who are
bonafide members paying annual dues; use of premises being restricted to members
and their guests.
4.02'2 (23) Commercial Recreation Bowling alley, golf, pool hall, dance hall, skating,
trampoline, and similar uses.
4,022 (23A) Commercial Use "Commercial" refers to the use classification defined as B -1, B -2,
B -3, and B4 under provisions of the New Hope Code Chapter 4.
............. ............................... (Ord. 98 -17)
4.(,')22 (24) Commercial Sales Wholesale sales to others for resale, or for installation in business
establishments.
,02 (24A) Comprehensive Municipal Plan Sometimes described as the Comprehensive Plan:
"Comprehensive municipal plan" means a compilation of policy statements, goals,
standards, and maps for guiding the physical, social and economic development, both
private and public, of the City of New Hope and includes but is not limited to, the
following: statements of policies, goals, standards, a land use plan, a community
facilities plan, a transportation plan, and recommendations for plan execution. The
comprehensive plan represents the planning commission's recommendations for the
future development of the community, as approved by the Council.
............ ............................... (Code 072684)
4.022 (24B) Compaction The densification of a fill by mechanical means.
............. ............................... (Ord. 90 -07)
4,02 (24C) Commissioner Relating to §4.16 of this Code "Commissioner" shall mean
Commissioner of the Department of Natural Resources.
............. ............................... (Ord. 98 -17)
4 x022 (25) Conditional Accessory Use An accessory use which because of special problems of
control require a Conditional Use Permit.
4.02.2 (26) Conditional Use A use, which because of special problems of control inherent in the
particular use, requires reasonable, but special, unusual or extraordinary limitations
peculiar to the use for the protection of the public welfare and the integrity of the
municipal land use plan.
4,022(27) Conditional Use Permit. A permit, issued by the Council by resolution, as a flexibility
device to enable the Council to assign dimensions to a proposed use or conditions
surrounding it after consideration of adjacent uses and their functions and the special
problems which the proposed use presents. Resolutions authorizing Conditional Use
Permits shall be filed with the appropriate County officials as required by Minnesota
Statutes. Frequently identified by its initials, CUP, or C.U.P.
........................... I ............ (Ord. 79 -11, 84 -3)
4-9 072684
4.022 (28) Condominium A multiple dwelling or development containing individually owned
dwelling units and jointly owned and shared areas and facilities, which dwelling is
subject to the provisions of the Minnesota Condominium Law, Minnesota Statutes.
............ ............................... (Code 072684)
4.022 (29) Convenience Food Establishment An establishment which serves food in or on
disposal or edible containers in individual services for consumption on or off the
premises. Customers are generally served at a pick -up station by clerks rather than
served at tables, booths or eating counters by waiters or waitresses. Also, commonly
known as fast food establishments.
............................... (Code 072684, Ord. 85 -20)
4.022 (30) Convenience Food Take Out /Delivery Establishmen An establishment where the
exclusive operation is limited to the preparation and sale of food in disposable
containers for consumption off the premises. All food sales shall be over the counter
sales to customers who pick up and take out food orders or to food sales which are
delivered directly to the customer at a place designated by the customer. Over the
counter pick -up and take -out food sales shall not include sales from a drive- through
service window.
............. ............................... (Ord. 86 -13)
4,022 (31) Cooperative (Housing) A multiple family dwelling owned and maintained by the
residents. The entire structure and real property is under common ownership as
contrasted to a condominium dwelling where individual units are under separate
individual occupant ownership.
.......................... (Code 072684, Ord. 86 -13)
4.022 (32) Court An unoccupied open space other than a yard which is bounded on three or
more sides by the walls of the buildings.
.......................... (Code 072684, Ord. 86 -13)
4,022(32) (a) Curb Cut Width Curb cut width will be measured at the property line on a
curb face to curb face basis.
....... ............................... (Ord. 88 -10)
4,022(33) Day Care Facility Any state licensed facility, public or private, which for gain or
otherwise regularly provides one or more persons with care, training, supervision,
habilitation, rehabilitation, or developmental guidance on a regular basis, for periods
of less than 24 hours per day, in a place other than the person's own home. Day care
facilities include, but are not limited to: family day care homes, group family day
care homes, day care centers, day nurseries, nursery schools, daytime activity centers,
day treatment programs, and day services, as defined by Minn. Stat. Section 245.782,
Subd. 5.
...................... (Code 072684, Ord. 85 -2, 86 -13)
4,022 (33A) Deck A horizontal, unenclosed platform with or without attached railings, seats,
trellises, or other features, attached or functionally related to a principal use or site
and at any point extending more than three (3) feet above ground.
............. ............................... (Ord. 98 -17)
4 -10 072684
4,022, (34) Department Store A business which is conducted under a single ownership entity
wherein a variety of unrelated merchandise and services are housed or enclosed and
are exhibited and sold directly or retail to the customer for whom the goods and
services are furnished.
4.022 (35) Development Any man -made change to improved or unimproved real estate
including, but not limited to, buildings and other structures, mining dredging, filling,
grading, paving, excavation, drilling operations, or storage of material or equipment.
.............. ............................... (Ord. 80 -9)
4. 022 (36) District A section or sections of the City for which the regulations and provisions
governing the use of buildings and lands are uniform for each class of use permitted
therein.
-1.022 (37) Diversion A channel that intercepts surface water runoff and that changes the
accustomed course of all or part of a stream.
4,022 (38) Dog Kennel Any place where four dogs or more over six months of age are boarded,
bred and /or offered for sale, except a veterinary clinic.
............ ............................... (Code 072684)
4,022 (38A) Drainage Way A natural or man-made channel which collects and intermittently or
continuously conveys stormwater runoff.
............. ............................... (Ord. 90 -07)
,022 (39) Draining The removal of surface water or groundwater from land.
a.«:'2 (40) Dredging To enlarge or clean-out a waterbody, watercourse, or wetland.
1,022 (41) Drive -In Establishment An establishment which accommodates the patron's
automobile from which the occupants may receive a service or in which products
purchased from the establishment may be consumed.
„ 4.0 22 (42) Dwelling For purposes of this Code, a dwelling shall be defined as a building or
portion thereof, designated exclusively for residential occupancy, including one-
family, two - family and multiple family dwellings, but not including hotels, motels and
boarding houses.
4.022 (43) Dwelling, Manufactured Home A residential dwelling unit designed for
transportation after fabrication on streets or highways on its own wheels or on flatbed
or other trailers, and arriving at the site where it is to be occupied as a dwelling
complete and ready for occupancy except for minor and incidental unpack and
assembly operations, location on jacks or other temporary or permanent foundations,
connections to utilities. A travel trailer is not considered a manufactured home.
.............. I ......................... (Ord. 79 -11, 84 -3)
4.022 (44) Dwelling, Multiple (Apartment) A building designed with three or more dwelling
units exclusively for occupancy by three or more families living independently of each
other but sharing hallways and main entrances and exits.
4.022 (45) Dwelling, Single - Family A detached dwelling unit designed exclusively for
occupancy by one family.
4 -11 072684
4.022 (46) Dwelling, Two- Family A dwelling designed exclusively for occupancy by two
families living independently of each other.
4,022(46) (a) Double Bungalow A two- family dwelling with two units side by side.
4.022(46) (b) Duplex A two - family dwelling with one unit above the other.
4.022 (47) Dwelling Unit A residential building or portion thereof intended for occupancy by
one family but not including hotels, motels, nursing homes, seasonal cabins, boarding
or rooming houses, tourist homes, or trailers.
............ ............................... (Code 072684)
4,022 (47A) Earth Material Any rock, natural soil or fill and combination thereof.
....................... I.................... (Ord. 90 -07)
41 02,2 (48) Elderly (Senior Citizen) Housing A public agency owned controlled or financed
multiple dwelling building with open occupancy limited to persons sixty years of age
or over.
............ ............................... (Code 072684)
4.022 (48A) Engineering_ Geologist A geologist experienced and knowledgeable in engineering
geology and certified by the State of Minnesota to practice engineering geology.
-4,022 (48B) Engineering Geology The application of geologic knowledge and principles in the
investigation and evaluation of naturally occurring rock and soil for use in the design
of civil works.
............. ............................... (Ord. 90 -07)
4.0 2 22 (49) Efficiency Apartment A dwelling unit consisting of one principal room exclusive of
bathroom, hallway, closets, or dining alcove.
............ ............................... (Code 072684)
41 02 (49A) Erosion The wearing away of the ground surface as a result of the movement of
wind, water or ice.
............. ............................... (Ord. 90 -07)
.................... ............................... (Code 072684)
4,022 (50) Essential Services The erection, construction, alteration, or maintenance by public
utilities or municipal departments of underground or overhead telephone, gas,
electrical, communication, water, or sewer transmission, distribution, collection,
supply or disposal systems, including poles, wires, mains, drains, sewers, pipes,
conduits, cables, fire alarm boxes, police call boxes, traffic signals, hydrants and other
similar equipment and accessories in connection therewith for the furnishing of
adequate service by such private or public utilities or municipal departments. Personal
wireless service and commercial broadcasting antennas and towers shall not be
considered an essential service.
.............. ............................... (Ord. 97 -4)
4.022 (51) Equal Degree of Encroachment A method of determining the location of
encroachment lines so that flood plain lands on both sides of a stream are capable of
conveying a proportionate share of flood flows. This is determined by considering the
effect of encroachment on the hydraulic efficiency of the flood plain along both sides
of a stream for a significant reach.
4 -12 072684
a A 22 (52) Family One or more persons each related to the other by blood, marriage, adoption,
or foster care, or a group of not more than four persons not so related maintaining a
common household and using common cooking and kitchen facilities, exclusive of
servants.
............ ............................... (Code 072684)
.022 (53) Final Erosion and Sediment Control Plan (Final Plan) A set of best management
practices or equivalent measures designed to control surface runoff and erosion and
to retain sediment on a particular site after all other planned final structures and
permanent improvements have been erected or installed.
...................... (Ord. 90 -07) (Previous #53 deleted, Ord. 85 -2)
1.022 (54) Filling The act of depositing any rock, soil, gravel, sand, or other material so as to
fill or partly fill a waterbody, watercourse, wetland, channel or natural or excavated
hole, trench, or other swell or depression in the earth.
41,022 (55) Flood A temporary rise in stream flow or stage which results in inundation of the
areas adjacent to the channel, or other terrain or buildings not normally under water.
4.022 (56) Flood Frequency The average frequency, statistically determined, for which it is
expected that a specific flood stage or discharge may be equaled or exceeded. By
strict definition, such estimates are designated "exceedence frequency", but in practice
the term "frequency" is used. The frequency of a particular stage or discharge is
usually expressed as having a probability of occurring once within a specific number
of years.
4 0 - (57) Flood Fringe That portion of the flood plain outside of the floodway.
....................... I................... (Code 072684)
4.022 (58) Flood Plain The channel or beds proper and the areas adjoining a wetland, lake or
watercourse which have been or hereafter may be covered by the regional flood.
Flood plain areas within New Hope shall encompass all areas designated as Zone A
on the Flood Insurance Rate Map.
....... ............................... (Code 072684, 91 -04)
4.022 (59) Flood Profile A graph or a longitudinal plot of water surface elevations of a flood
event along a reach of a stream or river.
,022 (60) Flood Proofing A combination of structural provisions, changes, or adjustments to
properties and structures subject to flooding, primarily, for the reduction or
elimination of flood damages.
..... ............................... (Code 072684, Ord. 80 -9)
4 022 (61) Floodway The bed of a wetland or lake and the channel of a watercourse and those
portions of the adjoining flood plain which are reasonably required to carry or store
the regional flood discharge.
.... ............................... (Code 072684, Ord. 91 -04)
4,022 (62) Floor Area The sum of the gross horizontal areas of the several floors of the building
or the portions thereof, devoted to a particular use, including accessory storage areas
located within selling or working space such as counters, racks or closets and any
basement floor area devoted to retailing activities, to the production or processing of
goods, or to business or professional offices. However, the floor area shall not
include basement floor area other than area devoted to retailing activities, to the
4 -13 072684
production or processing of goods, or to business or professional offices. In
determining the floor area minimum requirements of one family structures, two family
structures and townhouse structures, the area of either attached, unattached or
basement garages not to exceed 200 square feet per dwelling unit, shall be included
but shall not include closed breezeways or porches, or basement (cellar) area other
than such area devoted to garage purposes, unless such basement area meets all
requirements for occupancy as living area. Floor area of other residences shall not
include basement area or the area of attached or unattached garages, enclosed
breezeways or porches.
4,022 (63) Garage Private An accessory building or accessory portion of the principal building
which is intended for and used to store the private passenger vehicles of the family or
families resident upon the premises, and in which no business service or industry is
carried on.
4.022 (64) Garage Public A building or portion of a building, except any herein defined as a
private garage or as a repair garage, used for the storage of motor vehicles, or where
any such vehicles are kept for remuneration or hire and in which any sale of gasoline,
oil and accessories is only incidental to the principal use.
4,022 (65) Grade (Adjacent Ground Elevation). The lowest point of elevation of the finished
surface of the ground, paving or sidewalk within the area between the building and the
property line, or when the property line is more than five feet from the building,
between the building and a line five feet from the building. Grade also means the
following for purposes of 4.039B of this Code. The vertical location of the ground
surface existing grade means the grade prior to grading; rough grade means the stage
at which the grade approximately conforms to the approved plan; final grade means
stage at which the grade conforms to the approved plan.
.......... . ........................ ( Code 072684, Ord. 90 -07)
4,022 (66) Gradin . Changing the natural or existing topography of land.
............ ............................... (Code 072684)
4 022 (67) Group Care Facility Any state licensed facility, public or private, which for gain or
otherwise regularly provides one or more persons with a 24 hour per day substitute
for care, food, lodging, training, education, supervision, habilitation, rehabilitation,
and treatment they need, but which for any reason cannot be furnished in the person's
own home, Group care facilities include, but are not limited to: state institutions
under the control of the commissioner of public welfare, foster homes, residential
treatment centers, maternity shelters, group homes, residential programs, or schools
for handicapped children, as defined by Minn. Stat. Section 245.782, Subd. 6.
..... ............................... (Code 072684, Ord. 85 -2)
4.022 (68) Deleted
4.022 (69) Deleted
.......... ............................... (Ord. 84 -3, 85 -2)
4.022 (70) Deleted
.............. ............................... (Ord. 85 -2)
4,022 (71) Guest Room A room occupied by one or more guests for compensation and in which
no provision is made for cooking, but not including rooms in a dormitory for sleeping
purposes primarily.
4 -14 072684
4.x;22 (71A) Hardship A situation where property in question cannot be put to a reasonable use
under the conditions allowed by the official controls; the plight of the landowner is due
to circumstances unique to the property, not created by the landowner; and the
variance, if granted, will not alter the essential character of the locality. Economic
considerations alone shall not constitute a hardship if a reasonable use for the property
exists under the terms of the official controls.
............. ............................... (Ord. 98 -17)
:1.022 (72) Home Occupation A business conducted in a residential area in which the home is
used as the base or central location for operating said business.
4 M22 (73) Hotel A building which provides a common entrance, lobby, halls and stairway and
in which lodging is offered with or without meals to ten or more guests.
..022. (74) Impervious Surface An artificial or natural surface through which water, air, or roots
cannot penetrate.
..... ............................... I ...... (Code 072684)
4,022 (74A) Interim Erosion and Sediment Control Plan A set of best management practices or
equivalent measures designed to control surface runoff and erosion and to retain
sediment on a particular site during the period in which pre - construction and
construction- related land disturbances, fills, and soil storage occur, and before final
improvements are completed.
............. ............................... (Ord. 90 -07)
4.122 (74B) Industrial Use The use of land or buildings for the production, manufacture,
warehousing, storage, or transfer of goods, products, commodities, or other wholesale
items.
............. ............................... (Ord. 98 -17)
4M2 (74C) Intensive Vegetation Clearing The complete removal of trees or shrubs in a
contiguous patch, strip, row, or block.
............. ............................... (Ord. 98 -17)
4,022 (75) Intermittent A stream or portion of a stream that flows only in direct response to
precipitation.
4,022 (75A) Kennel See "Dog Kennel".
............ ............................... (Code 072684)
4,02 (75AA) Key. A designed compacted fill placed in a trench excavated in earth material
beneath the toe of a proposed fill slope.
.......... ............................... (Ord. 90 -07)
4,(,')22 (75B) Land Use Plan "Land use plan" means a compilation of policy statements, goals,
standards, and maps, and action programs for guiding the future development of
private and public property. The term includes a plan designating types of uses for
the entire City of New Hope as well as a specialized plan showing specific areas or
specific types of land uses, such as residential, commercial, industrial, public or semi-
public uses or any combination of such uses
............ ............................... (Code 072684)
4 -15 072684
4.022 (75C) Land Disturbance /Land - Disturbing Activities Any moving or removing by manual
or mechanical means of the soil mantle or top 6 inches of soil whichever is shallower,
including but not limited to excavations.
4.02'2 (75D) Land Fill Any human activity depositing soil or other earth materials.
............. ............................... (Ord. 90 -07)
4M22 (76) Lodging; House A building other than a hotel, where for compensation for definite
periods, lodging is provided for three or more persons not of the principal family, but
not including a building providing this service for more than ten persons.
4.022 (77) Lodging Room A room rented as sleeping and living quarters but without cooking
facilities and with or without an individual bathroom. In a suite of rooms without
cooking facilities, each room which provides sleeping accommodation shall be counted
as one lodging room.
4.022 (78) Lot (Of Record) A parcel of land, whether subdivided or otherwise legally described,
as of the effective date of this Code, or approved by the City as a lot subsequent to
such date and which is occupied by or intended for occupancy by one principal
building or principal use together with any accessory buildings and such open spaces
as required by this Code and having its principal frontage upon a street.
4.022 (79) Lot. Land occupied or to be occupied by a building and its accessory buildings,
together with such open spaces as are required under the provisions of this zoning
regulation, having not less than the minimum area required by this Zoning Code for
a building site in the district in which such lot is situated and having its principal
frontage on a street, or a proposed street approved by the Council.
4.022 (80) Lot Area The area of a horizontal plane within platted or unplatted lot lines.
4M2 (81) Lot, Base Lots meeting all the specifications in the zoning district prior to being
subdivided into a two family dwelling, townhouse, or quadraminium subdivision.
.............. ............................... (Ord. 84 -3)
4.022 (82) Lot, Corner A lot situated at the junction of and abutting on two or more intersecting
streets; or a lot at the point of deflection in alignment of a single street, the interior
angle of which is one hundred thirty -five degrees or less.
4.022 (83) Lot, Depth The shortest horizontal distance between the front lot line and the rear
lot line measured from a ninety degree angle from the street right -of -way within the
lot boundaries.
4.022 (84) Lot, Frontage The front of a lot shall be, for purposes of complying with this Code,
that boundary abutting a public right -of -way having the least width.
4.022 (85) Lot, Interior A lot, other than a corner lot, including through lots.
4.0212. (86) Lot, Line A property boundary line of any lot held in single or separate ownership;
except that where any portion of the lot extends into the abutting street or alley, the
lot line shall be deemed to be the street or alley right -of -way.
4.022(87) Lot, Through A lot fronting on two parallel streets.
4 -16 072684
CO22 (88) Lot, Unit Lots created from the subdivisions of a two family dwelling, townhouse,
or quadraminium having different minimum lot size requirements than the
conventional base lots within the zoning district.
.............. ............................... (Ord. 84 -3)
4,022 (89) Lot, Width The shortest horizontal distance between the side lot lines measured at
right angles to the lot depth.
............ ............................... (Code 072684)
M22 (90) Manual of Standards A compilation of technical standards and design specifications
adopted by the City as being proven methods of controlling construction- related
surface runoff, erosion and sedimentation.
............... I ....... (Ord. 90 -07) (Previous #90 deleted, Ord. 85 -2)
4,022 (91) Medical Uses Those uses concerned with the diagnosis, treatment and care of human
beings. These include: hospitals; dental services; medical services or clinic; nursing,
convalescent home; orphan's home, rest home; sanitarium and the furnishing and sales
or prescription drugs; prosthesis, rehabilitative and optical devices and equipment.
t(Q.22 (92) Motel /Motor Hotel A building or group of detached, semi - detached or attached
buildings containing guest rooms or units, each of which has a separate entrance
directly from the outside of the building, or corridor, with garage or parking space
conveniently located to each unit, and which is designed, used or intended to be used
primarily for the accommodation of transient guests traveling by automobile.
4 22 (93) Motor Fuel Station A place where gasoline is stored only in underground tanks,
kerosene or motor oil and lubricants or grease, for operation of automobiles, are
retailed directly to the public on premises, and including minor accessories and
services for automobiles, but not including automobile major repairs and rebuilding.
Also sometimes described as an Automobile Service Station.
4 M22 (94) Motor Freight Terminal (Truck Terminal) A building in which freight brought by
motor truck is assembled and sorted for routing in intrastate and interstate shipment.
4,022 (95) Multiple Family (or Multifamily) A structure with three or more dwelling units.
$,022. (96) Natural Drainage System All land surface areas which by the nature of their contour
configuration, collect, store and channel surface water run -off.
4.022 (97) Natural Obstruction Any rock, tree, gravel or analogous natural matter that is an
obstruction and has been located within a waterbody, watercourse, or wetland by a
non -human cause.
4.022 (98) Non - Conforming Structure or Use Any structure or use which on the effective date
of Ordinance 79 -11, July 5, 1979, does not, even though lawfully established, conform
to the applicable conditions if the structure or use was to be constructed or developed
under the requirements of this Code.
4,02:2 (99) Normal High Water Mark A continuous mark of reference at an elevation where land
and water meet for some period of record; is commonly that point where the natural
vegetation changes from predominantly aquatic to predominantly terrestrial.
, i 0_22 (100) Nursing Home (Rest Home) A building having accommodations where care for pay
is provided for two or more invalids, infirm, aged or convalescent persons who are
4 -17 072684
not of the immediate family; but not including hospitals, clinics, sanitariums, or
similar institutions.
............ ............................... (Code 072684)
41 022 (101) Obstruction (Flood Plain) Any dam, wall, wharf, embankment, levee, dike, pile,
abutment, projection, dredged soil, channel modification, culvert, building, wire,
fence, stockpile, refuse, fill, structure, stockpile of sand or gravel or other material,
or matter in, along, across, or projecting into any channel, watercourse, lake bed, or
regulatory flood plain which may impede, retard, or change the direction of flow,
either in itself or by catching or collecting debris carried by floodwater.
. . . .......................... (Code 072684, Ord 91 -04)
4,022 (102) Off - Street Loading Space A space accessible from the street or alley in a building
or on the lot, for the use of trucks while loading or unloading merchandise or
materials. Such space shall be of such size as to accommodate one truck of the type
typically used in the particular business.
............ ............................... (Code 072684)
4.022 (102A) Open Outdoor Storage Any open land used or occupied for the purpose of
outdoor storage of material, equipment, product or semi- trailers accessory to the
principal use of the property. Outdoor storage shall not include the temporary
parking of licensed and operable motor vehicles in designated parking stalls, or
trucks being serviced in designated loading areas.
.......... ............................... (Ord. 94 -17)
.0 (103) Open Sales Lot Any open land used or occupied for the purpose of buying selling
and /or renting merchandise and for the storing of same prior to sale.
4 022 (103A) Ordinary High Water Level The boundary of public waters and wetlands which
shall be an elevation delineating the highest water level which has been
maintained for a sufficient period of time to leave evidence upon the landscape,
commonly that point where the natural vegetation changes from predominantly
aquatic to predominantly terrestrial. For watercourses, the ordinary high water
level is the elevation of the top of the bank of the channel. For reservoirs and
flowages, the ordinary high water level is the operating elevation of the normal
summer pool.
.......... ............................... (Ord. 98 -17)
4.02' (104) Out - Patient Care Medical examination or service available to the public in a hospital.
This service is provided without overnight care and shall be considered a separate,
independent, principal use when combined or operated in conjunction with a hospital.
4022 (104A) Outdoor Sales of Seasonal Farm Produce The sale, from an outdoor location
which may include a temporary structure, tent, kiosk, booth or truck bed, by
vendors who are not a part of the principal use otherwise occurring on the site,
of Christmas trees or other agricultural commodities harvested in season and
hauled fresh to the site.
........... ............................... (Ord. 95 -9)
4.022 (105) Parking Ramp An accessory structure designed and used for the storage of motor
vehicles at, below and /or above grade.
4 -18 072684
4.t: 22 (106) Parking Space An area, enclosed in the main building, in an accessory building, or
unenclosed, sufficient in size to store one automobile, which has access to a public
street or alley, permitting satisfactory ingress and egress of an automobile.
............ ............................... (Code 072684)
4,022 (106A) Permittee The applicant in whose name a valid permit or license is duly issued
pursuant to this Code and his /her agents, employees and others acting under
his /her direction.
.......... ............................... (Ord. 90 -07)
4.022 (107) Permitted Use A use which may be lawfully established in a particular district or
districts, provided it conforms with all requirements, regulations, and performance
standards (if any) of such districts.
............ ............................... (Code 072684)
.022 (107A) Personal Services Personal Services shall include the following: barber shops,
beauty salon, electrolysis, manicurist, tanning parlor, physical therapy,
therapeutic massage, and tattooing.
........... ............................... (Ord 95 -13)
4,022 (108) Person An individual, firm, partnership, association, corporation, or organization of
any kind. Person also means an adult who is handicapped by reason of mental
retardation, mental illness, chemical dependency, or physical handicap and a child,
whether handicapped or not, as defined per Minn. Stat. Section 285.482, Subd. 2.
..... ............................... (Code 072684, Ord. 85 -2)
4,022 (109) Physically Handicapped Encompasses those orthopedic, incoordinative, sight, and
hearing disabilities that culminate in the significant reduction of mobility, flexibility,
coordination, or perceptiveness and that, singly or in combination, interfere with the
individual's ability to live and function independently; that are not the result of the
normal aging process; and that are medically diagnosed as chronic conditions.
............ ............................... (Code 072684)
1,022 (109A) Physically Handicapped Citizen Residential Housing Housing within the City
which is particularly suitable as to location and amenities intended solely for
physically handicapped persons.
.......... ............................... (Ord. 88 -19)
4,022 (110) Planned Unit Development (PUD) Grouping of land parcels for development under
integrated management, planning, architecture, operation and maintenance. Also
identified by its initials, PUD or P.U.D.
.021" (111) Principal Use The main use of land or buildings as distinguished from subordinate
or accessory uses. "Principal use" maybe either permitted or conditional. Such a use
is to be interpreted in the general, broad sense of a given use classification, such as
residential, commercial, industrial, etc. and is comprised of and limited to one or
more activities specified in a given zoning district.
......... ............................... (Ord. 79 -11, 84 -3)
.(22 (112) Public Uses Uses owned or operated by municipal, school districts, county, state,
or other governmental units.
............ ............................... (Code 072684)
4 -19 072684
1.022 (112A) Public Structure An edifice or building of any kind, or any piece of work
artificially built up or composed of parts joined together in some definite manner
which is owned or rented, and operated by a federal, state, or local government
agency.
........... ............................... (Ord. 97-4)
4.022 (112B) Public Waters Any waters as defined in Minn. Stat. §103G.005, Subd. 15 and
15a.
.......... ............................... (Ord. 98 -17)
4.022 (113) PUD Planned Unit Development (See definition above)
4 022 (114) Ouadraminium A single structure which contains four separately owned dwelling
units, all of which have individually separate entrances from the exterior of the
structure. Except where otherwise noted, quadraminiums are applicable under the
same conditions and standards as townhouses in this Code.
4,022 (115) Reach A hydraulic engineering term to describe a longitudinal segment of a stream,
river or creek influenced by a man-made obstruction. In New Hope, the segment of
a stream between two consecutive culverts; under streets or highways the stream
would most typically constitute a reach.
............................... I ............. (Ord. 80 -9)
4,022 (116) Recreation, Field or Building An area of land, water or any building in which
amusement, recreation or athletic sports are provided for public or semi- public use,
whether temporary or permanent, except a theatre, whether provision is made for the
accommodation of an assembly or not. A golf course, arena, baseball park, stadium,
circus or gymnasium is a recreation field or building for the purpose of this Code.
,02:2 (117) Recreational Vehicle A self - propelled vehicle which is used primarily for
recreational- leisure time activities and purposes.
............ ............................... (Code 072684)
4,022 (118) Regional Flood A flood which is representative of large floods known to have
occurred generally in Minnesota and reasonably characteristic of what can be expected
to occur on an average frequency in magnitude of the 100 year recurrence interval.
Regional flood is synonymous with the term "base flood" used in the Flood Insurance
Rate Map.
......... ............................... (Ord. 80 -9, 91 -04)
4,022 (119) Regulatory Flood Protection Elevation The Regulatory Flood Protection Elevation
shall be an elevation no lower than one foot above the elevation of the regional flood
plus any increases in flood elevation caused by encroachments on the flood plain that
result from designation of a floodway.
.... ............................... (Code 072684, Ord 91 -04)
4.112 (120) Restaurant An establishment which serves food in or on non- disposable dishes.
Customers are generally seated at tables, booths or eating counters within the building
where food is served for consumption by waiters or waitresses rather than served at
pick -up stations by clerks. The term restaurant for purposes of the sale of intoxicating
liquor or wine shall have the meaning described in section 10.038 of this Code.
........................... (Code 072684, Ord. 85 -20, Ord. 87 -2)
4.022 (121) Retail Sales The sale of goods in small quantities directly to the consumer.
4-20 072684
M22 (122) Satellite Dish Shall mean a combination of 1) antenna or dish antenna, purpose of
which is to receive communication or any other electronic signals from orbiting
satellites and other extraterrestrial sources; 2) a low -noise amplifier (LNA) which is
situated at the focal point of the receiving component and whose purpose is to magnify
and transfer signals; and 3) a coaxial cable for the purpose of carrying the signals into
the interior of the building, and 4) such other state of the art parts or modifications
which do not substantially increase the height or bulk of the Satellite Dish.
.............. ............................... (Ord. 84 -3)
4422 (122A) Sediment Earth material deposited by water or wind.
. ............................... (Code 072684, Ord. 90 -07)
,022 (122B) Secondary Use A use of land or of a building or a portion thereof which is
subordinate to and does not constitute the primary use of the land or building.
........... ............................... (Ord. 97 -4)
4,022 (122C) Semipublic Use The use of land by a private, nonprofit organization to provide
a public service that is ordinarily open to some persons outside the regular
constituency of the organization.
.......... ............................... (Ord. 98 -17)
4 022 (122D) Sensitive Resource Management The preservation and management of areas
unsuitable for development in their natural state due to constraints such as shallow
soils over groundwater or bedrock, highly erosive or expansive soils, steep
slopes, susceptibility to flooding, or occurrence of flora or fauna in need of
special protection.
................................ I........ (Ord. 98 -17)
4.022 (123) Setback The minimum horizontal distance between a building, street lot line,
shoreline or bluff. The setback distance is measured at ground level from the lot line,
lake ordinary high water level, top of bluff, or street right -of -way, to a point on the
ground directly under the most outwardly extended portion of the side of the structure
nearest the lot line, lake ordinary high water level, top of bluff or street right -of -way.
............. ............................... (Ord. 98 -17)
4.022 (124) Shopping Center An integrated grouping of individual retail and service stores
located in one or more principal buildings, sharing parking, entrance and exit areas,
under single ownership or unified control. Shopping centers are planned unit
developments and processed accordingly.
............................. (Ord. 79 -11, 84 -3)
, 4M2 2 (124A) Site. A space, parcel or parcels of real property owned by one or more than one
person which is being or is capable of being developed as a single project.
.......... ............................... (Ord. 90 -07)
4,022 22 (124B) Shore Impact Zone Land located between the ordinary high water level of a
public water and a line parallel to it at a setback of fifty (50) percent of the
structure setback.
.......... ............................... (Ord. 98 -17)
4.022 (125) Slope The degree of deviation of a surface from the horizontal, usually expressed in
percent or degrees. Slope also means an inclined ground surface the inclination of
which is expressed as a ratio of horizontal distance to vertical distance.
.... ............................... (Code 072684, Ord. 90 -07)
4-21 072684
4.022 (125A) Soil. Naturally occurring superficial deposits overlying bedrock.
4M2 (125B) Soils Engineer A civil engineer experienced and knowledgeable in the practice
of soils engineering.
4,022 (125C) Soils Enaineerina The application of the principles of soil mechanics in the
investigation, evaluation and design of civil works involving the use of earth
materials and the inspection and testing of the construction thereof.
.......... ............................... (Ord. 90 -07)
4.022 (125d) Specified Anatomical Areas
4,022(125d) (i) Less than completely and opaquely covered human genitals, pubic region,
buttock, anus, or female breast(s) below a point immediately above the top
of the areola; and
4.022(125d) (ii) Human male genitals in a discernibly turgid state, even if completely and
opaquely covered.
4.022 (125e) Specified Sexual Activities
4.022(125e) (i) Actual or simulated sexual intercourse, oral copulation, anal intercourse,
oral -anal copulation, bestiality, direct physical stimulation of unclothed
genitals, flagellation or torture in the context of a sexual relationship, or
the use of excretory functions in the context of a sexual relationship, and
any of the following sexually- oriented acts or conduct: anilingus,
buggery, coprophagy, coprophilia, cunnilingus, fellatio, necrophilia,
pederasty, pedophilia, piquerism, sapphism, zooerasty; or
4,0220250 (R) Clearly depicted human genitals in the state of sexual stimulation,
arousal or tumescence; or
4.022(1.250 (iii) Use of human or animal ejaculation, sodomy, oral copulation, coitus, or
masturbation; or
4.022(125e) (iv) Fondling or touching of nude human genitals, pubic region, buttocks, or
female breast; or
4.022 (1,25c) (v) Situations involving a person or persons, any of whom are nude, clad in
undergarments or in sexually revealing costumes, and who are engaged
in activities involving the flagellation, torture, fettering, binding or other
physical restraint of any such persons; or
4.022(125e) (vi) Erotic or lewd touching, fondling or other sexually- oriented contact with
an animal by a human being; or
4.022(125e) (vii) Human excretion, urination, menstruation, vaginal or anal irrigation.
.... ..I ............................ (Ord. 92 -06)
4,022 (125F) Steep Slope Land where agricultural activity or development is either not
recommended or described as poorly suited due to slope steepness and the site's
soil characteristics, as mapped and described in available county soil surveys or
other technical reports, unless appropriate design and construction techniques and
4-22 072684
reports, unless appropriate design and construction techniques and farming
practices are used in accordance with the provisions of this Code. Where specific
information is not available, steep slopes are lands having average slopes over
twelve (12) percent, as measured over horizontal distances of fifty (50) feet or
more, that are not bluffs.
........................... I............. (Ord. 98 -17)
4.022 (126) Story That portion of a building included beneath the upper surface of a floor and
upper surface of floor next above, except that the top -most story shall be that portion
of a building included between the upper surface of the top -most floor and the ceiling
or roof above. If the finished floor level directly above a basement or cellar, or
unused underfloor space is more than six feet above grade as defined herein for more
than fifty percent of the total perimeter or is more than twelve feet above grade as
defined herein at any point, such basement, cellar, or unused underfloor space shall
be considered as a story.
4,022 (127) Street Frontage The proximity of a parcel of land to one or more streets. An interior
lot has one street frontage and a corner lot has two frontages.
4.022 (128) Structure Anything constructed or erected on the ground or attached to the ground
or on -site utilities, including, but not limited to, buildings, factories, sheds, detached
garages, cabins, manufactured homes and travel trailers /vehicles.
.... ............................... (Code 072685, Ord 91 -04)
J)22 (128A) Tattooing The marking of the skin of a person with insertion of permanent
colors by introducing them through puncture of the skin.
,822 (128B) Therapeutic Massage A scientific health care, health maintenance and
rehabilitation technique, carried out by a massage therapist, involving the
massaging and kneading of human skin, muscles and tissues for the exclusive
purpose of easing mental and physical tension, alleviation of aches and pains, the
breaking up of fatty tissues and muscle spasms, physical fitness, relaxation,
beautification, or improvement of circulation through the body, and for no other
purpose.
................ I........................ (Ord. 95 -13)
4.022 (128C) Toe of the Bluff The lower point of a 50 -foot segment with an average slope
exceeding eighteen (18) percent.
.......... ............................... (Ord. 98 -17)
4.022 (128D) Top of the Bluff The higher point of a 50 -foot segment with an average slope
exceeding eighteen (18) percent.
....................................... (Ord. 98 -17)
€ .022 (129) Townhouses. Structures housing three or more dwelling units of not more than two
stories each and contiguous to each other only by the sharing of one common wall,
such structures to be of the town or row house type as contrasted to multiple dwelling
apartment structures. Each dwelling unit shall have separate and individual front and
rear entrances from the exterior.
............... I ................. I ......... (Code 072684)
4-23 072684
4,022 (129A) Trees, Understory /Overstory
4.022(129A) (a) Overstory - A tree with a normal mature height of 25 feet or more.
4.022(129A) (b) Understory - A plant with a normal mature height of less than 25 feet.
........ ............................... (Ord. 96 -2)
4M2 (130) Use. The purpose or activity for which the land or building thereon is designated,
arranged, or intended, or for which it is occupied, utilized or maintained, and shall
include the performance of such activity as defined by the performance standards of
this Code.
4.022(131) Useable Open Space A required ground area or terrace area on a lot which is graded,
developed, landscaped and equipped and intended and maintained for either active or
passive recreation or both, available and accessible to and useable by all persons
occupying a dwelling unit or rooming unit on the lot and their guests. Such areas shall
be grassed and landscaped or covered only for a recreational purpose. Roofs,
driveways and parking areas shall not constitute useable space.
4.022 (132) Variance The waiving by Council action of the literal provisions of the Zoning Code
in instances where their strict enforcement would cause undue hardship because of
physical circumstances unique to the individual property under consideration.
4.022 (132A) Water - Oriented Accessory Structure or Facility A small, above ground building
or other improvement, except stairways, fences, docks, and retaining walls,
which because of the relationship of its use to a surface water feature, reasonably
needs to be located closer to public waters than the normal structure setback.
Examples of such structures and facilities include gazebos, screen houses, pump
houses, and detached decks.
.......... ............................... (Ord. 98 -17)
4.022 (133) Waterbody A body of water (lake, pond) in a depression of land or expanded part
of a river, or an enclosed basin that holds water and surrounded by land.
4M2 (134) Watercourse A channel or depression through which water flows, such as rivers,
streams, or creeks, and may flow year - around or intermittently.
4,$02.2: (135) Watershed The area drained by the natural and artificial drainage system, bounded
peripherally by a bridge or stretch of high land dividing drainage area.
4.022 (136) Wetlands Swamps, bogs, marshes, potholes, wet meadows, and sloughs are
wetlands, and properly, may be shallow waterbodies, the waters of which are stagnant
or actuated by very feeble currents, and may at times be sufficiently dry to permit
tillage but would require drainage to be made arable. The edge of a wetland is
commonly that point where the natural vegetation changes from predominantly aquatic
to predominantly terrestrial. An area where water stands near, at, or above the soil
surface during a significant portion of most years, saturating the soil and supporting
a predominantly aquatic form of vegetation, and which may have the following
characteristics:
4.022(136) (a) Vegetation belonging to the marsh (emergent aquatic), bog, fen, sedge
meadow, shrubland, southern lowland forest (lowland hardwood), and
northern lowland forest (conifer swamp) communities. (These communities
correspond roughly to wetland types 1, 2, 3, 4, 6, 7, and 8 described by the
4-24 072684
United States Fish and Wildlife Service, Circular 39, "Wetlands of the U.S.,
1956).
.022(136) (b) Mineral soils with gley horizons or organic soils belonging to the Histosol
order (peat and muck).
.022(136) (c) Soil which is water logged or covered with water at least three months of the
year.
4.£::22 (137) Yard Except as permitted in the yard encroachment provisions, a yard shall be
defined as an open space on the lot which is unoccupied and unobstructed by artificial
structures from its lowest level to the sky. A yard extends along a lot line at right
angles to such lot line to a depth or width specified in the yard regulations for the
zoning district in which such lot is located.
1 022 (138) Yard, Front A yard extending across the front of the lot and lying between the front
line of the lot and the nearest line of the building.
4,022 (139) Yard, Reaz A yard extending across the full width of the lot and lying between the
rear line of the lot and the nearest line of the principal building.
4,02:2 (140) Yard, Side A yard between the side line of the lot and the nearest line of the
principal building and extending from the front line of the lot to the rear lot line.
4-25 072684
4.03 GENERAL PROVISIONS
4.031 Non - Conforming Buildings, Structures and Uses
1 031 (1) Purpose It is the purpose of this section to provide for the regulation of non-
conforming buildings, structures and uses and to specify those requirements,
circumstances and conditions under which non - conforming buildings, structures and
uses will be operated and maintained. The Zoning Code establishes separate districts,
each of which is an appropriate area for the location of uses which are permitted in
that district. It is necessary and consistent with the establishment of these districts that
non - conforming buildings, structures and uses not be permitted to continue without
restriction. Furthermore, it is the intent of this section that all non - conforming uses
shall be eventually brought into conformity.
4.031 (2) Grandfather Clause. Any structure or use lawfully existing on July 5, 1979, shall not
be enlarged, but may be continued at the size and in the manner of operation existing
upon such date except as hereinafter specified or, subsequently amended.
4 M 1 (3) Remedial Work Nothing in this Code shall prevent the placing of a structure in safe
condition when said structure is declared unsafe by the Building Official providing the
necessary repairs shall not constitute more than fifty percent of fair market value of
such structure. Said value shall be determined by the City Assessor.
4,031(4) Moving ofNon- Conforming Structures No non - conforming building, structure or use
shall be moved to another lot or to any other part of the parcel of land upon which the
same was constructed or was conducted at the time of this Code adoption unless such
movement shall bring the non - conformance into compliance with the requirements of
this Code.
4.11:11 (5) Reversal of Non - Conformity When any lawful non - conforming use of any structure
or land in any district has been changed to a conforming use, it shall not thereafter be
changed to any non - conforming use.
4M31 (6) Reduction of Non - Conformity A lawful non - conforming use of a structure or parcel
of land may be changed to lessen the non - conformity of use. Once a non - conforming
structure or parcel of land has been changed, it shall not thereafter be so altered as to
increase the non - conformity.
4.031 (7) Partial Destruction If at any time a non - conforming building, structure or use shall
be destroyed to the extent of more than fifty percent of its fair market value, said
value to be determined by the City Assessor, then without further action by the
Council, the building and the land on which such building was located or maintained
shall, from and after the date of said destruction, be subject to all the regulations
specified by these zoning regulations for the district in which such land and buildings
are located. Any building which is damaged to an extent of less than fifty percent of
its value may be restored to its former extent provided reconstruction is completed
within twelve months of said damage. Estimate of the extent of damage or destruction
shall be made by the Building Official.
4.031 (8) Discontinuance Whenever a lawful non - conforming use of a structure or land is
discontinued for a period of six months, following written notice from an authorized
agent of the City, any future use of said structure or land shall be made to conform
with the provisions of this Code.
4-26 072684
.031 (9) Blank
4.0331 (10) Maintenance Normal maintenance of a building or other structure containing or
related to a lawful non - conforming use is permitted, including necessary non - structural
repairs and incidental alterations which do not physically extend or intensify the non-
conforming use.
............ ............................... (Code 072684)
4,031 (11) Alterations Alterations may be made to a building containing lawful non - conforming
residential units when they will improve the livability thereof, provided they will not
increase the number of dwelling units, or the number of bedrooms in any dwelling
unit, or size or volume of the building.
.... ............................... (Code 072684, Ord. 93 -01)
4-27 072684
4.032 General Building Requirements
4.032 (1) Dwelling Unit Restriction
4.032(1) (a) Garages and Tents as Dwellings No garage, tent or accessory building shall at
any time be used as living quarters, temporarily or permanently. Camping
trailers or recreational vehicles may be used for temporary living quarters for
periods not to exceed one (1) week.
4.0:32(1) (b) Basements as Living Quarters Basements and cellars may be used as living
quarters or rooms as a portion of the principal residential dwelling, provided they
meet the applicable regulations of the Building Code.
4.032(1) (c) Recreational Uses Tents, playhouses, or similar structures may be used for play
or recreational purposes.
4.032(2) Platted and Unplatted Property
4.0 32(2) (a) Platting_ Required No building shall be constructed on unplatted property, except
for the addition of accessory structures or additions to existing buildings. Platting
is required in all instances where Industrial Development Revenue Bonds or Tax
Increment Districts or like governmentally sponsored financing is involved.
4.032(2) (b) Detailed Data Required Any person desiring to improve property shall submit
to the Building Official a survey or acceptable scale drawing of the premises and
information on the location and dimensions of existing and proposed structures,
location of easements crossing the property, encroachments, and any other
information which may be necessary to insure conformance to this Code.
4.032(2) (c) Future Streets All buildings shall be so placed that they will not obstruct future
streets which may be constructed by the City in conformity with existing streets
and according to the system and standards employed by the City.
4M:32(2) (d) Existing Smaller Lots A lot of record, existing upon the effective date of this
Code in a Residential District, which does not meet the requirements of this Code
as to area or width may be utilized for single family detached dwelling purposes
provided the measurements of such area or width are within seventy -five percent
of the requirements of this Code.
1.032(2) (e) Principal Building Except in the case of Planned Unit Development as provided
for in Section 4.19 of this Code, not more than one principal building shall be
located on a lot. The words "principal building" shall be given their common,
ordinary meaning; in case of doubt or on any question of interpretation, the
decision of the Building Official shall be final, subject to the right of appeal as
provided in Chapter 1. For purposes of this Code, all shopping centers shall be
interpreted as having more than one principal building, thus requiring that they
be handled under Section 4.19, Planned Unit Development.
4.032( 2) (f) Double Front Lots On a through lot (a lot fronting on two parallel streets), both
street lines shall be front lot lines for applying the yard and parking regulations
of this Code.
4-28 072684
4,032 (3) Accessory Buildings, Uses and Equipment An attached garage or attached accessory
building shall be considered an integral part of the principal building. Attached
garages and attached accessory buildings shall meet all required building setbacks of
the applicable zoning district. Detached garages and accessory buildings must comply
with the location, setback, size and area restrictions of this section.
. ............................... I ............ (Ord. 98 -5)
4.032(3,p (a) Permitted Locations and Setbacks Accessory garages and buildings, both
attached and detached, are permitted in side yards and rear yards. Detached
structures are also subject to the following setback conditions:
4.032(3)( ,'() (i) side yard interior 5 feet
4.032(3)(a) (ii) side yard abutting a street 20 feet
4.032(3)(a) (iii) side yard abutting a collector or arterial street 30 feet
41.032(3)(<a;) (iv) all rear yards - accessory buildings 5 feet
4.032(3)(a) (v) all rear yards - garage 10 feet
............................ (Previous (a) deleted, Ord. 98 -5)
, .1.(:32(3) (b) Prohibited Locations No garage or accessory building shall be located in any
front yard or a drainage and utility easement.
............................... (Previous (b) deleted, Ord. 98 -5)
43.x:02 (3) (c) Permitted Side Yard Setback Variance Notwithstanding §4.032(3)(a)(ii) and (iii)
of this Code, a 3 foot variance into a required side yard abutting a street will be
permitted for construction of an accessory building or garage subject to the
following conditions and §4.22 of this Code:
e3.032(3)(c) (i) The physical constraints of the lot make the encroachment necessary to
maximize indoor storage on the property which would be prevented by
strict compliance with setback standards.
43 032(3)0) (ii) The proposed structure will not be located in a drainage or utility
easement.
4.032(3)(c3 (iii) The City Council shall determine that the building will not negatively
impact the neighboring or adjacent property.
4.032(3)(c) (iv) The same or similar quality building material shall be used in the
accessory building as in the principal building. Additionally, the exterior
appearance and architectural design of the accessory building are to be
similar to that of the principal building.
............................ (Previous (c) deleted, Ord. 98 -5)
............................ (Previous (d) deleted, Ord. 98 -5)
43.032(3) (d) Area Limits General Accessory building and garage area in the R -1 and R -2
Zoning Districts shall be limited to a combined total area of 1,400 sq. ft. Alson,
no individual garage shall exceed 1,000 square feet of floor area or exceed 15 feet
in height. No storage type building shall exceed 400 square feet of floor area or
exceed 12 feet in height. Construction of storage type accessory buildings or
garages are regulated by Chapter 3 of this Code.
........... ............................... (Ord. 98 -5)
............................. (Previous (0 deleted, Ord. 98 -5)
4 032 (3) (e) Garage and On -Site Parking Space Each applicant for a building permit to
construct any dwelling shall be required to provide an off - street parking space for
4-29 072684
at least 1 automobile per dwelling to be housed in addition to any garage space to
be used. Every dwelling unit hereafter erected shall be so located on the lot so
that garage space for at least 2 vehicles, either attached or detached, can be
located on said lot.
........... ............................... (Ord. 98 -5)
4.032(3) (f) Limit on Numbers Every lot in the R -1 and R -2 Zoning Districts shall be limited
to no more than 2 accessory buildings, including an attached garage.
............................. (Code 072684, Ord. 84 -3, 98 -5)
4.032(3)(g) Air Conditioners Accessory uses or equipment such as air conditioning cooling
structures or condensers (ground mounted) which generate noise shall be located
in rear yards behind the rear building line. Air conditioning cooling structures or
condensers located within a required side yard at the effective date of this section
may lawfully continue and may be replaced at such a location provided the
following conditions are met:
4.032(3)(8) (i) The cooling structure or condenser shall not produce noise levels
contrary to § §9.423 and 9.424 of this Code.
N4 M32(3)(8) (ii) The cooling structure or condenser shall be screened by landscaping,
fencing, or other means rendering it concealed from view from adjacent
property.
4.032(3)(g) (iii) The cooling structure or condenser shall not lie within a required
drainage and /or utility easement.
(Code 072684, Ord. 84 -3, 92 -17, 98 -5)
4.032(3) (h) Accessory Antennas Accessory Antennas shall be limited to radio and television
receiving antennas, satellite dishes, TVROs, short-wave dispatching antennas and
amateur short -wave radio transmitting and receiving antennas. Accessory
Antennas that are accessory to the principal use of property are permitted
accessory uses in all zoning districts provided they meet the following conditions:
4.032(3)(h) (i) Height A ground mounted accessory antenna shall not exceed twenty
(20) feet in height from ground level.
4.032(3)(h) (ii) Yards Accessory antennas shall not be located within the required front
yard setback or side yard setback abutting a street, except for wall
mounted antennas less than twenty- four (24) inches in dimension, wall
mounted to a principal building and the setback encroachment does not
exceed two (2) feet.
4.032(3)(h) (iii) Roofs If vegetation or obstructions interfere with satellite signals at a
location in any allowable placement area, the accessory antenna may be
placed on the roof of any authorized structure on the premises.
'i 032(3)(h) (iv) Setbacks The height of the accessory antenna attached to an antenna
support structure may exceed five feet above the peak of the roof only
by conditional use permit. Accessory antennas shall not be located
within five (5) feet of any lot lines of adjoining lots or within a drainage
or utility easement.
4-30 072684
4.032(3)(W (v) Building Permits A building permit shall be required for the installation
of any accessory antenna requiring a conditional use permit. Building
permit applications shall be accompanied by a site plan and structural
components data for the accessory antenna, including details of
anchoring. The Building Official must approve the plans before
installation.
4.032(2)(h (A) Lightning Protection Each accessory antenna shall be grounded to
protect against natural lightning strikes in conformance with the National
Electrical Code as adopted by the City of New Hope.
,032(3)(h) (vii) Electrical Code Accessory antenna electrical equipment and
connections shall be designed and installed in conformance with the
National Electrical Code as adopted by the City of New Hope.
............................ (Ord. 84 -3, 88 -8, 97 -4)
(viii) Color /Content Accessory antennas shall be of a neutral color and
any lettering or scenes contained on said device qualifying it as a
sign shall be subject to the regulations of sections 3.40 through
3.485 of the New Hope Sign Code,
4.032(3)(h) (ix) Effective Date The provisions of this section shall be applicable to all
accessory antennas erected after April 7, 1988. All such structures
existing prior to this date shall be addressed as legal non - conforming
uses.
. ............................... (Ord. 88 -8, 97 -4)
........... ............................... (Ord. 98 -5)
4r 032(03) (i) Pump Island Canopy Canopies located over pump islands shall be allowed as
accessory structures in the B -3 zoning district for automobile serrvice stations and
convenience stores with gasoline allowed by § §4.124 (1) and (2) of this Code.
4,032(3)(i) i. Canopy setbacks shall be a minimum of fifteen (15) feet from the
property line. Adequate visibility both on and off site must also be
maintained.
4.032(3)(i) ii. Canopies shall not be allowed in rear yards not abutting a public street.
1.032(3)(i) W. Maximum canopy height may not exceed twenty (20) feet, and shall
provide a minimum clearance of fourteen (14) feet.
4,032(3)(D iv. Canopy facades may not exceed three (3) feet in height.
,032(3)€i) v. Reflected glare or spill light may not exceed five - tenths (0.5) foot
candles, as measured on the property line when abutting residentially
zoned property and one (1) foot candle measured on the property line
when abutting other commercial or industrially zoned property.
4,032(:)(i) A. Signage may be allowed on the canopy as permitted in §3.465 of this
Code.
...... ............................... (Ord. 94 -04, 98 -5)
4-31 072684
4.032 (4) Drainage Plans In the case of all residential plats, multiple family dwellings,
business and industrial developments, the drainage plans shall be submitted to the
City Engineer for his review and the final drainage plan shall be subject to his
written approval.
4-32 072684
4.033 Performance Standards
4 03:3 (1) Purpose The performance standards established in this section are designed to
encourage high quality development by providing assurance that neighboring land uses
will be compatible. The performance standards are also designed to prevent and
eliminate those conditions that cause blight. All future development in the City shall
be required to meet these standards. The standards shall also apply to existing
development where so stated. The Building Official shall be responsible for enforcing
these standards and may require the submission of information showing compliance
or non - compliance with the standards.
.3,0:33 (2) Conformance to Standards Before any building permit or certificate of occupancy is
approved, the Building Official shall determine whether the proposed use is likely to
conform to the performance standards. The developer shall supply additional data
about the proposed use (such as equipment to be used, hours of operation, method of
refuse disposal, type and location of exterior storage, etc.), where required to do so
by the Building Official. It may occasionally be necessary for a developer or business
to employ specialized consultants to demonstrate that a given use will conform with
the performance standards.
............ ............................... (Code 072684)
4.033 (3) Fencing and Screening
4.033(3) (a) General Provisions
4.033(3)(a) (i) On all corner lots, fences shall not be permitted within twenty (20) feet
of any corner formed by the intersection of two (2) streets or the right -
of -way of a railway intersecting a street. The twenty (20) feet shall be
in the form of a triangle with two sides formed by the property lines and
the third side formed by a straight line connecting the two twenty (20)
foot points on each side of the corner.
4.033(3 (ii) The required screening provisions as specified in subsection (d) of this
section, shall supersede, where applicable, the provisions of this
Subsection.
4 (iii) All posts or similar supporting instruments used in the construction of
fences shall be faced inward toward the property being fenced, unless
symmetrical.
4.033(3)(a$) (iv) No fence shall obstruct natural drainage.
4,033(3)(a) (v) The height of a fence, in the case of grade separation, shall be
determined on the basis of measurement from the average point between
the highest and lowest grade.
4,033(43)(a) (vi) In the case of a corner lot with the building front oriented to the side
yard abutting a street, fences over forty -two (42) inches may not
encroach into either the required front yard setback or the required side
yard setback abutting a street.
4-33 072684
4.033(3)(a) (vii) In the case of double front lots as defined by §4.022(87) of this Code,
fences over 42 inches in height shall not be permitted within 15 feet from
the apparent back lot line.
.. . .............. (Code 072684, Ord. 81 -7, 82 -17, 92 -01)
4,033(3)(a) (viii) No planting or structure which extends a width of twenty -four (24)
inches shall be allowed within the sight triangle referred to in (i) above
in such a manner as to materially impede vision at a height of eight (8)
feet or less where it will interfere with traffic or pedestrian visibility
from a public right -of -way.
.... ............................... (Ord. 92 -09)
4.033(3) (b) Residential Fencing and Screening Subject to the general provisions of this
section:
X1,03 3(3)(b) (i) Fences shall be at least five (5) percent open for passage of air and light.
Fences not meeting this design standard will be treated as walls and will
be required to meet building setbacks.
4.i:t33(3)(b) (ii) Short Fences. Fences forty -two (42) inches in height or less may be
located on any part of a lot.
=1.033(3)(1.0 (iii) Tall Fences. Fences up to eight (8) feet in height maybe located within
the required side and rear yard setbacks of a lot which is behind the
required front yard building setback as defined by Section 4.034 (3).
4..033(3) (c) Commercial and Industrial District Fences Subject to the general provisions of
this section:
4,033(3)(c:) (i) Commercial and industrial fences may be erected up to eight (8) feet in
height. Fences in excess of eight (8) feet shall require a conditional use
permit.
4,033(3)(c) (ii) Fences which are primarily erected as a security measure may have
projecting arms on which barbed wire can be fastened commencing at a
point at least seven (7) feet above the ground on condition that the arms
and barbed wire do not encroach onto or over public right -of -way or
property lines of adjacent property.
4.033(3)(c) (iii) Commercial and industrial fencing may be located within the required
side and rear yard setback of a lot which is behind the required front
yard building setback as defined by Section 4.034 (3).
4.033(3) (d) Required Fencing and Screening Where any business or industrial use (i.e.,
structure, parking or storage) abuts property zoned for residential use, that
business or industry shall provide screening along the boundary of the residential
property. Screening shall also be provided where a business or industry is across
the street from a residential zone, but not on that side of a business or industry
considered to be the front (as determined by the Building Official). All the
fencing and screening specifically required by this Code shall be subject to (a),
above, and shall consist of either a fence or green belt planting strip as provided
for below:
4-34 072684
4,033(3)(d) (i) Green Belts A green belt planting strip shall consist of evergreen trees
and /or deciduous trees and large shrubs and shall be of sufficient width
and density to provide an effective visual screen. This planting strip
shall contain no structures. Such planting strips shall be designed to
provide complete visual screening to a minimum height of six feet.
Earth mounding or berms may be used but shall not be used to achieve
more than three feet of the required screen. The planting plan and type
of plantings shall require the approval of the Planning Commission,
which shall have before it the recommendations of the City Engineer or
Building Official.
4,033(3)(d) (ii) Screen Fencing A required screening fence shall be constructed of
masonry, brick, wood or steel. Such fence shall provide a solid
screening effect and not exceed eight feet in height or be less than six
feet in height. The design and materials used in constructing a required
screening fence shall be subject to the approval of the Planning
Commission which shall have before it recommendations of the City
Engineer or Building Official.
................. (Code 072684, Ord. 81 -7, 82 -17, 92 -01)
4.033 (4) Landscaping
4.033(47 (a) Required Landscaping- General Residential The lot area remaining after
providing for off - street parking, off - street loading sidewalks, driveways, building
site and /or other requirements shall be landscaped using ornamental grass, shrubs,
trees or other acceptable vegetation or treatment generally used in landscaping.
Fences or trees placed upon utility easements are subject to removal if required
for the maintenance or improvement of the utility. (The planting of large trees
is not recommended under overhead wires).
4J)33(4) (b) Required Landscaping Semi - Public and all income producing property use
Prior to approval of a building permit, all of the above uses shall be subject to a
mandatory Landscape Plan requirement. Said Landscape Plan should be
developed with an emphasis upon the following areas:
The boundary or perimeter of the proposed site at points adjoining another
existing or proposed site or sites: the immediate perimeter of the structure or
building at points of its placement on the site; and the public boulevard areas at
points of interface with streets or sidewalk areas of the city.
All landscaping incorporated in a Landscape Plan shall conform to the following
standards and criteria:
........ ............................... (Code 072684)
4.033(4)(b) (i) Minimum Plant Sizes All plants must equal not less than the following
minimum sizes:
4-35 072684
Tall Shrubs and
Hedge material
(evergreen or
deciduous)
3 -4 feet
3 -4 feet
Low Shrubs:
Deciduous
3 gallon
3 gallon
Evergreen
18 -24 inches
24 -30 inches
Spreading evergreen
potted
18 -24 inches
Type and mode are dependent upon time of planting season, availability,
and site conditions (soils, climate, ground water, man-made irrigation,
grading, etc.
*All boulevard trees must be not less than 2 '/z inches in caliper.
4.033(4)(b) (ii) Spacing
4.4 33(4)(bl(ii) (aa) Trees shall not be placed closer than five feet from the fence
line or property line and shall not be planted to conflict with
public planting.
4.033(4)(b)(ii) (bb) Where plant materials are planted in two or more rows,
plantings shall be staggered in rows unless otherwise approved
by the City.
4.033(4)(b)(ii) (cc) Deciduous boulevard trees shall be planted not more than forty
feet apart.
4.033(4)(b)(5) (dd) Tree -like shrubs shall be planted not more than ten (10) feet on
center.
4.033(4)(b)(ii) (ee) Large deciduous shrubs shall be planted not more than five (5)
feet on center.
4.033(4)(b)6i) (ff) Narrow evergreens shall be planted not more than three (3) feet
on center.
.033(4)(b)(ii) (gg) Massing of plants where screening is intended, large deciduous
shrubs shall not be planted more than four feet on center,
and /or, evergreen shrubs shall not be planted more than three
feet on center.
............................. (Code 072684)
4 -36 072684
41033(4,)(b) (iii) Prohibited boulevard /street trees The following trees are specifically
prohibited within the public right -of -way:
Abies sp.
Fir species
Acer negundo
Box Elder
Acer Saccharinum
Silver Maple
Ginkgo biloba (female only)
Ginkgo
Picea sp.
Spruce species
Pinus sp.
Pine species
Populus alba (and varieties)
White Poplar
Populus deltoides
Eastern Cottonwood
Populus nigra `Italica'
Lombardy Poplar
Pseudotsuga sp.
Douglas fir species
Robina Pseudoacacia
Black Locust
Salix species
Willow
Tsuga sp.
Hemlock species
Ulmus species (non- disease
resistant)
Elm
Understory deciduous and coniferous trees and shrubs
4.033(4)(b) (iv) Design
4.03:3(4)(b)(iv) (aa) The landscape plan must show a form of designed site
amenities, (i.e. composition of plant materials, and /or creative
site grading, decorative lighting, exterior sculpture, etc., which
are largely intended for aesthetic purposes).
4.033(4)(b)(N) (bb) All area within the property lines (or beyond, if site grading
extends beyond) shall be treated. All exterior areas not paved
or designated as roads, parking, or storage must be planted into
ornamental vegetation lawns, ground covers, or shrubs unless
otherwise approved by the City.
4.033(4')(b' iv) (cc) Turf slopes in excess of 1:1.5 are prohibited.
4.033(4)(b)(iv) (dd) All ground areas under the building roof overhang must be
treated with a decorative mulch and /or foundation planting.
xl 0 3(4 (ee) All buildings must have an exterior water spigot in a location
adequate for providing for landscape maintenance.
4-37 072684
4.033(4)(b)(iv) (ff) Landscape Guarantee. All plants shall be guaranteed for one
full year from the time planting has been completed. All plants
shall be alive and in satisfactory growth at the end of the
guarantee period or be replaced.
.................. (Code 072684, Ord. 89 -8, 96 -2)
4.033 (5) Glare Any lighting used to illuminate an off - street parking area, sign, or other
structure, shall be arranged to deflect direct light away from any adjoining residential
zone or from the public streets. Direct or sky- reflected glare, whether from
floodlights or from high temperature processes such as combustion or welding shall
not be directed into any adjoining property. The source of lights shall be hooded or
controlled in a manner so as not to light adjacent property. Bare incandescent light
bulbs shall not be permitted in view of property adjacent to the public right -of -way.
Any light or combination of lights which cast light on a public street shall not exceed
one foot candle (meter reading) as measured from the center line of the street. Any
light or combination of lights which cast light on residential property shall not exceed
four foot candles (meter reading) as measured at or on the adjoining property.
4.033 (6) Dust Odor and Smoke The emission of smoke odors, dust and other particulate
matter by any use shall be in compliance with and regulated by the State of Minnesota
Pollution Control Standards.
4,033 (7) Noise Noise shall not exceed the standards in the Noise Provisions of Chapter 9.
......... ............................... (Ord. 79 -11, 84 -3)
4: 033 (8) Refuse
4.033(8) (a) Except for licensed vehicles in winter storage, passenger automobiles, station
wagons and trucks not currently licensed by the state, or which are because of
mechanical deficiency incapable of movement under their own power, are parked
or stored outside for a period in excess of thirty days, and all other materials
stored outside in violation of the City Code are considered refuse or junk and shall
be removed from premises in the City.
4. €333(8) (b) In all areas the owner of vacant land shall keep such land free of refuse, weeds
and waste fill.
4.033 (9) Exterior Storage All materials and equipment, except as specifically authorized
elsewhere in this Code, shall be stored within a building or fully screened so as not
to be visible from adjoining properties, except for the following:
4.033(9) (a) Clothesline pole and wires.
4.033(9) (b) Recreational equipment and vehicles.
4.033(9) (c) Construction and landscaping material currently being used on the premises.
4.033(9) (d) Off - street parking of passenger vehicles and trucks not exceeding a gross weight
of 12,000 pounds in R -1, R -2, R -3 and R -4 District.
4M3 (10) Open Sales Lots Open sales are prohibited except for sales promotions of not more
than 3 days duration which are ancillary to and consistent with the principal authorized
use of the premises. All second hand passenger cars and/or trucks, motor scooters,
4- 38 072684
motorcycles, boats, trailers, aircraft construction equipment and monuments held for
sale or stored for sale, shall be stored within a building.
......... ............................... (Ord. 79 -11, 84 -3)
4,033 (11) Radiation and Electrical Emissions No activity shall be permitted that emits
dangerous radioactivity beyond enclosed areas. There shall be no electrical
disturbance adversely affecting the operations at any point of any equipment other than
that of the creator of such disturbances.
4.034 Yard Requirements
4 3 d (1) Purpose This section identifies minimum yard spaces, exceptions, and areas to be
provided for in each zoning district.
4034 (2) Minimum is Required No lot, yard or other open space shall be reduced in area or
dimension so as to make such lot, yard or open space less than the minimum required
by this Code, and if an existing yard or other open space is less than the minimum
required, it shall not be further reduced. No required open space provided about any
building or structure shall be included as a part of any open space required for another
structure.
4,034(3) Setbacks All setback distances, as listed in the table below, shall be measured from
the appropriate lot line.
4.034(3) (a) Where adjacent structures within the same block have front yard setbacks
different from those required, the front yard minimum setback shall be the
average of the adjacent structures. If there is any one adjacent structure, the front
yard minimum setback shall be the average of the required setback and the
4-39 072684
Front Yard
Side Yard
Rear Yard
R -1
30ii(a)
(b)(c)
25
R -2
30(a)
(b)(c)
25
R -3
30
20
35
R -4
35
20
35
R -5
35
20
35
R -0
35
10(b)
35
B -1
35(a)
10(b)
35
B -2
35(a)
10(b)
35
B -3
35
10(b)
35
B -4
35
10
35
I -1
50
20
35
I -2
50
10(a)
35
...... ...............................
(Ord. 79 -11. 84 -3. 98 -4)
4.034(3) (a) Where adjacent structures within the same block have front yard setbacks
different from those required, the front yard minimum setback shall be the
average of the adjacent structures. If there is any one adjacent structure, the front
yard minimum setback shall be the average of the required setback and the
4-39 072684
setback of the adjacent structure. In no case shall the minimum front yard setback
exceed thirty feet.
4.034(3) (b) Not less than twenty feet from lot line, if lot is on a corner.
...... ............................... (Ord. 79 -11, 84 -3)
4.034(3) (c) Ten feet on one side of the building and five feet on the garage side.
...... ............................... (Ord. 79 -11, 84 -3)
4,034 (4) Special Exceptions to Setback Standards
4.0:34 =1(4) (a) Setback Adjacent to Residential Areas Where a proposed non - residential
principal structure is proposed to be located adjacent to a residential district, the
minimum side setback from the lot line adjacent to the residential district shall be
twenty -five feet. In the case of limited industrial districts, the minimum side and
rear setback shall be seventy -five feet. In the case of General Industrial districts,
the minimum side and rear setbacks shall be one hundred feet. Where any
industrial district is across the street from a residential district, the industrial
development shall have a minimum front setback of seventy-five feet.
........... I ......................... (Ord. 79 -11, 84 -3)
,034(4) (b) Setbacks along Thoroughfares Heavily used streets designated as collector
streets, or thoroughfares, have special minimum set back needs and requirements:
4.034(4)(b) (i) Along the following throughfares the minimum front setback shall be
seventy -five feet from the center line of the street or thirty -five feet from
the street right -of -way line, whichever is the greater setback.
Medicine Lake Road
36th Avenue North
42nd Avenue North
49th Avenue North
Bass Lake Road
West Broadway
Winnetka Avenue
State Highway 169 (including service roads)
Boone Avenue North
4.034(4)(b) (ii) Where the side yard is adjacent to one of above named thoroughfares,
the minimum setback shall be thirty feet from the right -of -way line or
seventy feet from the center line of the street, whichever is the greater
setback.
......................... I ........ (Ord. 79 -I1, 84 -3, 98 -4)
4.034(4) (c) Setbacks at the Intersection of Certain Thoroughfares and Railroad At the
intersection of all thoroughfares identified in paragraph (b) above, and railroad
right -of -ways and tracks where the paved portion of the thoroughfare crosses the
tracks in the right -of -way on the same grade, there shall be a setback line in each
of the quadrants formed by the railway right -of -way and the street right -of -way
as follows:
4,034(4)(c) (i) The setback line in each quadrant shall be a line drawn from a point two
hundred fifty feet distant along the outside railroad right -of -way line
4-40 072684
from its intersection with the street right -of -way line to a point two
hundred fifty feet distant from said intersection along the street right -of-
way line. Within said setback area there shall be constructed no fence
or structure nor shall there be permitted any tree, shrubbery or any other
planting which would obscure the line of sight across the setback.
4.034 (4)(c) (ii) Where non - adherence to such setback lines and prohibition of
obstructions, or adherence to lesser setback lines and controlling
structures and obstructions by limiting their height to specified
measurements, will not endanger or be likely to endanger any person or
property, and the carrying on a of the provisions will create unnecessary
hardships, a variance may be granted.
4.034 (5) Permitted Encroachments. This subsection is not intended to effect or make
nonconforming any existing building, structure or use. Accordingly, the
following provisions shall pertain to new construction only. The following
structural elements or equipment shall not be considered as encroachments on
yard setback requirements:
4,034(5) (a) In all yards chimneys, flues, belt courses, leaders, sills, pilasters, lintels,
ornamental features, cornices, eaves, gutters, and the like provided they do
not project more than two feet into a yard.
4.034(5) (b) In all yards terraces, steps, decks, stoops or similar features provided they
do not extend above the height of the ground floor level of the principal
structure or to a distance less than two feet from any lot line.
4,034 (5) (c) In rear yards recreational and laundry drying equipment, arbors and
trellises, balconies, breezeways, open porches, decks, detached outdoor
living rooms, garages, and air conditioning or heating equipment. Porches,
outdoor living rooms which become closed in and attached to the dwelling
subsequent to initial construction of the principal dwelling shall not remain
exempt from yard setback requirements.
...... I ........................... (Ord. 79 -11, 84 -3)
4.034 (6) Side and Rear Yard Setbacks for Industrial Districts Adjacent to Railroads In
either the General Industrial District or Limited Industrial District, the minimum
side or rear yard setback from the lot line of the side or rear yard of the parcel
adjacent to a railroad right -of -way shall be ten feet.
4-41 072684
4.035 Area and Building Size Regulation _s
4035 (1) Purpose This section identifies minimum area and building size requirements to be
provided for in each zoning district as listed in the table below:
District
Lot Area
Lot Width
Building Height
R -1
9,500 sq. ft.
75 feet
2 -1/2 stories
R -2
9,500 sq. ft.
75 feet
2 -1/2 stories
R -3
10,000 sq. ft.
80 feet
3 stories
R -4
15,000 sq. ft.
100 feet
4 stories
R -5
15,000 sq. ft.
100 feet
4 stories
R -0
15,000 sq. ft.
100 feet
3 stories
B -1
10,000 sq. ft.
80 feet
2 stories
B -2
1 acre
100 feet
3 stories
B -3
n/a
n/a
3 stories
B -4
n/a
n/a
3 stories
1 -1
1 acre
150 feet
3 stories
1 -2
1 acre
100 feet
3 stories
.............. ............................... (Ord. 81 -1)
4.035(2) Lot Area Per Unit The lot area per unit requirement for townhouses, multiple family
dwellings and planned unit developments shall be calculated on the basis of the total area
in the project and as controlled by an individual and joint ownership. Other minimum
areas are:
Single Family
9,500 square feet
Two Family
7,000 square feet
Townhouse
5,000 square feet
Multiple Family
3,000 square feet*
Elderly Housing and /or
Physically Handicapped
1,000 square feet
*4,000 square feet in a R -3 District.
........ ............................... (Ord. 79 -11, 84 -3, 88 -19)
4.035(3) Useable Open Space
4,035(3) (a) Single and Two Family Dwellings No dwelling may occupy in excess of twenty
percent of the lot area on single or two - family dwelling sites.
............................... (Ord. 79 -11, 84 -3, 85 -23, 93 -01)
4-42 072684
44)35(3) (b) Multiple Family Dwellings Every multiple family dwelling site shall comply with the
following open space requirements for each dwelling unit contained thereon exclusive
of the front yard area:
4 .035(3)(b) (i) 1 - 3 Bedrooms - 500 square feet per unit.
4.035(3)(b) (ii) 4 or more Bedrooms - 600 square feet per unit.
4,035(3) (c) Recreation Areas Each multiple family building or complex of two or more buildings
containing eight (8) or more dwelling units shall include visually defined or fenced
active recreation areas. Said areas need not be contiguous. The size of the recreation
area shall be determined by multiplying the number of dwelling units times 50 square
feet exclusive of parking or loading areas. This section shall not apply to R -5 senior
citizen or physically handicapped multiple family dwellings.
............. ............................... (Ord. 93 -01)
4�0 5 (4) Exceptions The building height limits established herein for districts shall not apply to the
following:
43.():35( (a)
4.035(4) (b)
4.035(4) (c)
4,035(4) (d)
4.035(4) (e)
, 3.():3 (:.3) (f)
4.035(4) (g)
4,035(4) (h)
43,035(4) (i)
4.1)35(4) (k)
4.035(4) 0)
Belfries
Chimneys or flues
Church spires
Cooling towers
Cupolas and domes which do not contain useable space
Elevator penthouses
Flag poles
Monuments
Parapet walls extending not more than three feet above the limiting height of the
building.
Water towers
Necessary mechanical and electrical appurtenances
Poles, towers and other structures for essential services.
..... ............................... (Code 072684, 88 -8)
4(.3)35(4) (m) Personal wireless service and commercial broadcasting antennas not exceeding
twenty (20) feet above the roof of the antenna support structure
4.0:35(41) (n) Antenna towers
................. ............................... (Ord. 97 -4)
4.035(5) Exception Limits No excluded roof equipment or structural element extending beyond the
limited height of a building may occupy more than twenty -five percent of the area of such
roof nor exceed ten feet in height unless otherwise noted.
43,035 (6) Minimum Floor Area Per Dwelling; Unit
4.(.,)13, (6) (a) One, two family dwellings and townhouses The minimum floor area for these types
of buildings shall be as follows:
Single Family Dwelling 1,240 square feet
Two Family Dwelling and
Townhouse 1,050 square feet
4-43 072684
4.035(6) (b) Multiple dwelling units Except for elderly housing, living units classified as multiple
dwellings shall have the following minimum floor areas per unit:
Efficiency units 500 square feet
One bedroom units 600 square feet
Two bedroom 750 square feet
More than two bedroom
units - an additional 100
square feet for each
additional bedroom.
............ ............................... (Code 072684)
41.035(6) (c) Elderly (Senior Citizen) and/or Physically Handicapped Housing Living units
classified as elderly (senior citizen), physically handicapped or R -5 housing units shall
have the following minimum floor areas per unit:
Efficiency units 440 square feet
One bedroom 520 square feet
Two bedroom 700 square feet
.... ............................... (Code 072684, Ord. 88 -19)
4.0 35(6) (d) Building Widths In no event shall either the length or width of the structures referred
to in this section 4.035(6) be less than twenty -four feet.
.... ............................... (Code 072684, Ord. 85 -23)
$ 035 (7) Maximum Unit Type
.035(7) (a) Efficiency Apartments Except for elderly (senior citizen or R -5) housing, the number
of efficiency apartments in a multiple dwelling shall not exceed five percent of the
total number of apartments. In the case of elderly (senior citizen or R -5) housing,
efficiency apartments shall not exceed twenty percent of the total number of
apartments.
4.035�:;) (b) Three (3) or More Bedroom Apartments The number of dwelling units containing
three (3) or more bedrooms in a multiple dwelling containing eight (8) or more units
shall not exceed forty (40) percent of the total number of apartments within a single
building.
.. . . ............................... (Code 072684, Ord. 93 -01)
4.035 (8) Subdivision of Double Bungalow, Quadraminium, or Townhouse Lot The subdivision of
base lots containing double bungalows, quadraminiums, or townhouses to permit individual
private ownership of a single dwelling unit within such a structure is acceptable upon
approval by the City Council, but is contingent on the following requirements:
4,035(3) (a) Meet Zoning Requirements Prior to a double bungalow, quadraminium, or
townhouse subdivision, the base lot must meet all the requirements of the zoning
district.
4-44 072684
4. 35tI8) (b) Minimum Area and Width The following are minimum unit lot requirements for
double bungalow, quadraminium, or townhouse subdivisions:
4.035(8) (c) Principal Structure There shall be no more than one principal structure on a base lot
in all residential districts. The principal structure on a unit lot created in a double
bungalow, quadraminium, or townhouse subdivision will be the portion of the attached
dwelling existing or constructed on the platted unit lots.
4,- ,035(8) (d) Conformity to Existing Setbacks The principal structure on the base lot shall conform
to the established setbacks and yard requirements of the zoning district.
4.035(8) (e) Accessory Uses Permitted accessory uses as defined by the zoning districts are
acceptable provided they meet all the zoning requirements.
4.0 35(8) (f) Individual Public Utilities Separate public utility services shall be provided to each
subdivided unit and shall be subject to the review and approval of the City Engineer.
4 035(`) (g) Platting Required The subdivision shall be platted and recorded in conformance to
all other requirements of the New Hope Platting Code, specifically including the
providing of a Subdivision Bond.
....... ............................... I...... (Ord. 84 -3)
4.036 Off - Street Parking Requirements
4.036(l) Purpose The regulation of off - street parking spaces in these zoning regulations is
intended to alleviate or prevent congestion of the public right -of -way and to promote
the safety and general welfare of the public, by establishing minimum requirements
for off - street parking of motor vehicles in accordance with the intensity of utilization
of the various parcels of land or structures.
4.036(2) Application of Off - Street Parking Regulations The regulations and requirements set
forth herein shall apply to all off - street parking facilities in all of the zoning districts
of the City.
4.036(3) Site Plan Drawing Necessary All applications for a building or an occupancy permit
in all zoning districts shall be accompanied by a site plan drawn to scale and
dimensioned indicating the location of off - street parking and loading spaces in
compliance with the requirements set forth in this section.
4,036(4) General Provisions.
4.036(4) (a) Floor Area The term "floor area" for the purpose of calculating the number of
off - street parking spaces required shall be determined on the basis of the exterior
4-45 072684
floor area dimensions of the buildings, structure or use times the number of
floors, minus ten percent except as may be hereinafter modified.
4.036(4) (b) Reduction of Existing Off - Street Parking Space or Lot Area Off - street parking
spaces and loading spaces or lot area existing upon the effective date of this Code
shall not be reduced in number or size unless said number or size exceeds the
requirements set forth herein for a similar new use.
4.036(4) (c) Non - Conforming Structures Should a non - conforming structure or use be
damaged or destroyed by fire, it may be re- established if elsewhere permitted in
these zoning regulations, except that in doing so, any off - street parking or loading
space which existed before shall be retained.
4.036(4) (d) Change of Use or Occupancy of Land No change of use or occupancy of land
already dedicated to a parking area, parking spaces, or loading spaces shall reduce
the area necessary for parking, parking stalls, or parking requirements below the
minimum prescribed by these zoning regulations.
4.036(4) (e) Change of Use or Occupancy of Buildings Any change of use or occupancy of
any building or buildings including additions thereto requiring more parking area
shall not be permitted until there is furnished such additional parking spaces as
required by these zoning regulations.
4.036(4) (f) Residential Off - Street Parking Off - street parking facilities accessory to
residential use shall be utilized solely for the parking of licensed and operable
passenger automobiles; no more than one truck not to exceed gross weight of
twelve thousand pounds; and recreational vehicles and equipment. Under no
circumstances shall parking facilities accessory to residential structures be used
for the storage of commercial vehicles or equipment or for the parking of
automobiles belonging to the employees, owners, tenants, or customers of
business or manufacturing establishments not a resident at the residential site.
4.036(4) (g) Calculating Space
4.036(4)(g) (i) Fractions of a Space When determining the number of off - street
parking spaces results in a fraction, each fraction of one -half or more
shall constitute another space.
4.0:36(4)(g) (ii) Places of Public Assembly In stadiums, sports arenas, churches and
other places of public assembly in which patrons or spectators occupy
benches, pews or other similar seating facilities, each eighteen inches of
such seating facilities shall be counted as one seat for the purpose of
determining requirements.
(Ord. 79 -11, 84 -3)
4.036(4)(g) (iii) More Than One Use Except for shopping centers, should a structure
contain two or more types of uses, the gross floor area of each use shall
be calculated and a 10 percent reduction shall be made for non-
productive space. The resulting net useable floor space figure shall be
utilized to determine the off - street parking requirement.
...................... (Code 072684, Ord. 85 -20)
4-46 072684
4,036(4)(g) (iv) Snow Storage in Parkin Stalls talls Provision shall be made in the parking
area for adequate snow storage or removal to ensure that the required
number of spaces are available at all times during the year.
........................... (Code 072684, Ord. 84 -3)
4,036() (h) Stall, Aisle and Driveway Desi>rn
4.036(4)(b) (i) Parking Space Size Each parking space shall be not less than eight feet nine
inches (8'9 ") wide and nineteen (19') feet in length exclusive of access aisles,
and each space shall be served adequately by access aisles.
.............................. (Code 072684, Ord. 87 -8)
4.036(4)(h) (ii) Within Structures The off - street parking requirements may be furnished by
providing a space so designed within the principal building or one structure
attached thereto; however, unless provisions are made, no building permit
shall be issued to convert said parking structure into a dwelling unit or living
area or other activity until other adequate provisions are made to comply with
the required off - street parking provisions of this Code.
4.036(4)(h) (iii) Streets Not Used Except under joint parking provisions or in the case of
single two family and town house dwellings, parking areas shall be designed
so that circulation between parking bays or aisles occurs within the
designated parking lot and does not depend upon a public street or alley.
Except in the case of single, two family and townhouse dwellings, parking
area design which requires backing into the public street is prohibited.
4.036(4)(h) (iv) Curb Cut Proximity to Intersection No curb cut or other driveway access
shall be located less than forty feet from the intersection of two or more
street right -of -ways. This distance shall be measured from the intersection
of lot lines, not curb lines.
......... ............................... (Code 072684)
i.03((4)(h) (v) Parking Stall Standards Except in the case of single family, two family and
townhouse dwellings, parking areas and their aisles shall be developed in
compliance with the following standards:
4-47 072684
Stall
Stall
Depth
Curb
Depth
Inter-
Aisle
Width
Angle of
Stall
Length
Stall
Wall to
lock to
One
Two
Parking
Width
Per Car
Length
Aisle
Aisle
Way
Way
90°
8'9"
8'9"
19'0"
19'0"
19'0"
24'0"
24'0"
8'9 "*
8'9"
18'0"
18'0"
18'0"
24'0"
1 24
75°
8'9"
9
19'0"
20'3"
19'5"
20'11"
23'0"
8'9 "*
9'0"
18'0"
19'3"
18'5"
20'11"
23'0"
60°
8'9"
10'0"
19'0"
20'3"
19'5"
18'6"
22'0"
8'9 "*
10'0"
18'0"
197"
18'6"
18'6"
22'0"
45°
8'9"
12'3"
19'0"
18'5"
17'3"
13'0"
22'0"
8'9 "*
12'3"
18'0"
13
22'0"
0°
8'0"
22'0"
22 1
8'0"
8'0"
12'0"
24'0"
4-47 072684
*The parking lot dimensions may be reduced upon submission and prior City
Council approval of a comprehensive snow removal site plan. The snow
removal site plan shall be contractual in nature, signed by the property owner
and filed with the City Clerk. The reduction shall not be allowed until the
conditions of this section are met.
................ I ............. (Code 072684, Ord. 87 -8)
4-48 072684
4.036(4) (h) (vi) Curb Cut Maximum No curb cut access shall exceed the following width
dimensions measured at a point setback twenty (20) feet from the property
line:
Residential 24 feet
Commercial /Industrial 26 feet
All curb cuts shall be installed to comply with the City's curb cut design
standards. The curb radius for any curb cut shall not exceed thirty -five (35)
feet. Curb cut widths not exceeding 32 feet may be permitted subject to
review and recommendation of the City Engineer and approval of the City
Manager. Before the City Engineer recommends a curb cut exceeding the
maximum widths set out herein, he shall consider the type of land use the
curb cut will serve, the extent and nature of the vehicular traffic anticipated
and the type and width of the street serving the property where the curb cut
will be located. The City Engineer shall also consider any regulations
promulgated by the Minnesota Commissioner of Transportation relative to
driveway and curb cut dimensions before making a recommendation to
exceed the 26 foot maximum width.
........................ (Code 072684, Ord. 88 -10, 98 -18)
,036(4)(h) (vii) Curb Cut Minimum Curb cut openings shall be located at minimum five
feet from the side yard lot line in all districts.
4,036(4)(h)(viii) Curb Cut Separation Driveway access curb openings on a public street
except for single, two family and townhouse dwellings shall not be located
less than forty feet from one another.
3_.036(4)(h) (ix) Parking Area Grades The grade elevation of any parking area shall not
exceed five percent.
4.036(4)(h) (x) Driveway Access Minimum Each property shall be allowed one driveway
access for each one hundred twenty -five feet of street frontage. All property
shall be entitled to at least one driveway access. Single family uses shall be
limited to one driveway access per lot.
... ............................... (Ord. 79 -11, 84 -3)
4.036(4)(h) (A) Surfacing All areas intended to be utilized for parking space and driveways
shall be surfaced with materials suitable to control dust and drainage.
Driveway aprons shall be constructed and surfaced with either concrete or
bituminous in compliance with adopted city construction specifications.
Except in the case of single family and two family dwellings, driveways and
stalls shall be surfaced with a six inch class five base and two inch
bituminous topping. Plans for surfacing and drainage of driveways and stalls
for five or more vehicles shall be submitted to the City Engineer for his
review and the final drainage plan shall be subject to written approval of the
Engineer.
4,036(4)(11) (xii) Stri in . Except for single family, two family and townhouses, all parking
stalls shall be marked with white painted lines not less than four inches wide,
which striping shall be maintained for legibility on a regular basis.
4.036�4)(lt)(xiii) Lim Any lighting used to illuminate an off - street parking area shall be
so arranged as to reflect the light away from adjoining property, abutting
4-49 072684
residential uses and public right -of -ways and be in compliance with Section
4.033 (5) of this Code.
4.036(4)(Ii) (xiv) Sims No sign shall be so located as to restrict the sight lines and orderly
operation and traffic movement within any parking lot.
4.036(4)(h) (xv) Curbing and Landscaping. All open off - street parking shall have a
continuous perimeter concrete curbing, unless otherwise recommended by the
City Engineer, around the entire parking lot, said curb barrier shall not be
closer than five feet to any lot line. Plantings or surfacing material shall be
provided in all areas bordering the parking area. No landscaping in the
boulevard shall interfere with the view of the street for driver's entering or
exiting the premises. This requirement shall not apply to off - street parking
areas for single family or two family dwellings or townhouse units with
direct street access to garages.
........ ............................... (Ord 96 -14)
4.036(4)(h)(xvi) Required Screening All open, off - street parking areas of five or more
spaces shall be screened and landscaped from abutting or surrounding
residential districts in compliance with Section 4.033 (3) of this Code.
4°036 (5) Maintenance It shall be the joint and several responsibility of the owner of the
principal use (or Lessee, if there be one), to use and to maintain in a neat and adequate
manner, the parking space, accessways, striping, landscaping, and required fences.
4.036(6) Location All accessory off - street parking facilities required by this Code shall be
located and restricted as follows:
(1.036(6) (a) Same Lot Required accessory off - street parking shall be on the same lot under
the same ownership as the principal use being serviced, except under the
provisions of Section 4.033 (11).
4.036(b) (b) Head In Parkin Except for single, two family and townhouse dwellings, head -in
parking, directly off of and adjacent to a public street, with each stall having its
own direct access to the public street, shall be prohibited.
4.036(6) (c) Parking Distance From Property Line There shall be no off - street parking within
three feet of any property line.
4,.036(6) (d) Boulevard Parking Prohibited The boulevard portion of the street right -of -way
shall not be used for parking.
4.036(7) Other Use of Required Parking Area Required accessory off - street parking spaces
in any district shall not be utilized for open storage, sale or rental of goods, storage
of inoperable vehicles as regulated by Section 4.033 (8) of this Code, and /or storage
of snow. No parking area shall be used for sales, dead storage , body repair work,
including but not limited to frame or fender repair, or mechanical repairs of any kind,
except that this shall not apply to home maintenance work of a customary or routine
nature necessary for the efficient operation of a vehicle, provided that it does not result
in oil spillage, litter or other damage to the parking area surface, and provided that
such routine home maintenance and upkeep work is completed within forty -eight
hours.
4-50 072684
4,036 (8) Sidewalks Sidewalks shall be provided from apartment parking areas, loading zones
and recreation areas to the entrances to the building. Portland cement type concrete
sidewalks to a width of not less than five feet shall be provided in the boulevards along
all streets abutting the property.
4,036 (9) Garages A private garage shall be provided in connection with the erection or
increase of units of any multiple family dwelling structure as follows: One private
garage per dwelling unit. No such private garage shall be less than ten feet in width
nor less than twenty feet in depth. Each garage shall have an individual door for
vehicular access shall be not less than nine feet in width. If more than one private
garage is contained in a single building, an area of each such private garage shall be
separated by a continuous fire - resistant wall extending from the foundation up to the
roof at all points. The side of the garage building containing the doorway for
vehicular access shall be not less than thirty feet from other garage buildings or
apartment house buildings, or from other structures which may interfere with
vehicular movement.
4,036 (10) Number of Spaces Required The following minimum number of off - street parking
spaces shall be provided and maintained by ownership, easement and /or lease for and
during the life of the respective uses hereinafter set forth:
............ ............................... (Code 072684)
4.03 (10) (a) Single and two family dwellings and townhouses One enclosed and one
open space, except that all structures with existing or potential floor area, as
calculated under section 4.036(4)(a) of this Code, in excess of 2,200 square
feet shall require one enclosed and two open spaces for parking.
............................. (Code 072684, Ord. 85 -23)
4.036(10) (b) Boarding house, fraternity house, sorority house At least two parking
spaces for each three persons for whom accommodations are provided for
sleeping.
4.(136(10) (c) Multiple Family Dwellings At least one enclosed and 1 1/4 open spaces per
unit.
4.1136(1 0) (d) Motels Motor Hotels Hotels One space per each rental unit plus one space
for each ten units and one space for each employee on any shift.
=1,036(10) (e) School, Elementary and Junior High At least one parking space for each
classroom plus one parking space for each seven students based on design
capacity plus one for each three classrooms.
X1.0 36�, 10) (f) School, High School Through College and Private and Day or Churc
Schools At least one parking space for each seven students based on design
capacity plus one for each three classrooms.
4J)36(10) (g) Church Theatre Auditorium At least one parking space for each three
seats based on the design capacity of the main assembly hall. Facilities as
may be provided in conjunction with such buildings or uses shall be subject
to additional requirements which are imposed by this Code.
4.036(10) (h) Private or Private Non - Profit Baseball Fields Stadiums At least one
parking space for each eight seats of design capacity.
4 -51 072684
4X')36(10) (i) Community Centers Physical Culture Studios, Libraries, Private Clubs
Lodges, Museums, Art Galleries Ten spaces plus one for each one hundred
fifty square feet in excess of two thousand square feet of floor area in the
principal structure.
...... ............................... (Code 072684)
4.036(:10) (j) Sanitariums Convalescent Homes, Rest Homes, Nursing Homes Four
spaces plus one for each three beds for which accommodations are offered.
............................. (Code 072684, Ord. 91 -18)
4.03600) (k) Elderly (Senior Citizen) Physically Handicapped, or R -5 Housing The
following parking requirements shall be established for uses permitted in the
R -5 zoning district:
4,03600)(k) (1) Elderly (Senior Citizen) Residential Housing One space per every three
units plus reservation of area equal to one parking space per every three
units.
4.036(1 0)(k) (2) Physically Handicapped Citizen Residential Housing One parking space
for each unit.
............................. (Code 072684, Ord. 88 -19)
41 036(10) 0) Drive -in Establishment and Convenience Food One parking space for each
fifteen square feet of gross service and seating floor area excluding the
kitchen, but not less than fifteen parking spaces. Two additional spaces shall
be required for a drive - through service window.
....................... I ..... (Code 072684, Ord. 85 -22)
4.036(10) (m) Office Buildings, Animal Hospitals and Professional Offices Three spaces
plus at least one space for each two hundred fifty square feet of floor area.
............................. (Code 072685, Ord. 94 -01)
4.036(10) (n) Bowling Alley At least six parking spaces for each alley, plus additional
spaces as may be required herein for related uses contained within the
principal structure.
4.036(:10) (o) Motor Fuel Station At least five off - street parking spaces plus three off -
street parking spaces for each service stall. Those facilities designed for sale
of other items than strictly automotive products, parts or service shall be
required to provide additional parking in compliance with other applicable
sections of this Code.
...... ............................... (Code 072684)
4.0360 0) (p) Retail Store, Service or Convenience Food Take- Out /Delivery Establishmen
At least one off - street parking space for each one hundred fifty square feet
of floor area.
............................. (Code 072684, Ord. 86 -13)
1.036(10) (q) Retail Sales and Service Business with Fifty Percent or More of Gross Floor
Area Devoted to Storage, Warehouses and /or Industry At least eight spaces
or one space for each one hundred fifty square feet devoted to public sales or
service plus one space for each five hundred square feet of storage area; or
4-52 072684
at least eight spaces or one space for each employee on the maximum shift
whichever is appropriate.
,.036(10) (r) Restaurants, Cafes, Private Clubs Serving Food and /or Drinks, Bars,
Taverns, Night Clubs At least one space for each forty square feet of gross
floor area of dining and bar area and one space for each eighty square feet
of kitchen area.
4.036(10) (s) Undertaking Establishment At least twenty parking spaces for each chapel
or parlor, plus one parking space for each funeral vehicle maintained on the
premises. Aisle space shall also be provided off the street for making up a
funeral procession.
4,03600) (t) Various Auto Intensive Uses Auto Repair, Major Bus Terminal, Taxi
Terminal, Boats and Marine Sales and Repair, Bottling Company, Shop for
a Trade Employing Six or Less People, Garden Supply Store, Building
Materials in Structure. Eight off - street parking spaces, plus one additional
space for each eight hundred square feet of floor area over one thousand
square feet.
4,036(10) (u) Other Crowd Attractions Private Hockey Arena, Roller Skating Rink,
Dance Hall, or Public Auction House. Twenty off - street parking spaces, plus
one additional off - street parking space for each two hundred square feet of
floor space over two thousand square feet.
4.036 00) (v) Golf Driving Range, Miniature Golf, Archery Range Ten off - street parking
spaces plus one for each one hundred square feet of floor area.
4.€ 36('10) (w) Schools, Such as Gestic Training One and one -half parking spaces for
every two pupils at student capacity, unless it can be demonstrated that a
differing amount of parking is required by that activity.
4.O36(10) (x) Car Wash (In addition to required stacking space):
=1.0:16(10)(x) (i) Automatic Drive Through Serviced A minimum of twenty spaces, or
one space for each employee on the maximum shift, whichever is
greater.
4.036(10)(x) (ii) Self- Service A minimum of two spaces.
, 4,036(1.0)(x)(iii) Motor Fuel Station Car Wash Zero in addition to that required for the
station.
4.036(10) (y) Hospitals Two spaces per each bed.
4.036(l0) (z) Shopping Centers Six spaces per one thousand square feet of building area.
All areas are cumulative and refer to gross leasable building area and do not
include covered or enclosed walkways, malls or lanes between stairs and
similar public areas not intended or used for sales, display or other
commercial purposes.
........ ............................... (Ord 96 -12)
4-53 072684
4.036(10) (aa) Private Racketball Handball and Tennis Courts Not less than six spaces
for each court.
4.036( 10) (bb) Manufacturing Fabricating or Processing of a Product or Materia One
space for each three hundred and fifty square feet of floor area, plus one
space for each company owned truck (if not stored inside principal building).
..... ............................... (Code 0726984)
4,036(10) (cc) Warehousing Storage or Handling of Bulk Good That space which is
solely used as office ancillary to the larger warehouse facility shall provide
one space for each three hundred square feet of floor area used as office and
one space per each one thousand five hundred square feet of floor area used
as warehouse, plus one space for each company owned truck (if not stored
inside).
............................. (Code 027684, Ord. 94 -01)
4.036(10) (dd) Other Uses Other uses not specifically mentioned herein shall be determined
on an individual basis by the City Council. Factors to be considered in such
determination shall include (without limitation) size of building, type of use,
number of employees, expected volume and turnover of customer traffic and
expected frequency and number of delivery or service vehicles.
4.036 (11) Joint Facilities
I.036(I D (a) Off -Site Joint Use of Parking The City Council may, after receiving a
report and recommendation from the Planning Commission, approve a
conditional use permit for one or more businesses to provide the required off -
street parking facilities by joint use of one or more sites where the total
number of spaces provided are less than the sum of the total required for each
business should they provide them separately. When considering a request
for such a permit, the Planning Commission shall not recommend that such
permit be granted except when the following conditions are found to exist.
4.0:16(1 I )t a) (i) Entertainment Uses Up to fifty percent of the parking facilities required
for a theatre, bowling alley, dance hall, bar or restaurant may be
supplied by the off - street parking facilities provided by types of uses
specified as primarily daytime uses in subsection (iv) below.
4.0 36111)(a) (ii) Night Time or Sunday Uses Up to fifty percent of the off - street parking
facilities required for any use specified under (iv) below as primary
daytime uses may be supplied by the parking facilities provided by the
following night -time or Sunday uses; auditoriums incidental to a public
or parochial school, churches, bowling alleys, dance halls, theatres,
bars, restaurants or apartments.
4.036(11)ta)(iii) Schools Auditorium and Church Uses Up to eighty percent of the
parking facilities required by this section for a church or for an
auditorium incidental to a public or parochial school may be supplied by
the off - street parking facilities provided by uses specified under (iv)
below as primarily daytime uses.
4.036(11)ta) (iv) Daytime Uses For the purpose of this section the following uses are
considered as primarily daytime uses: banks, business offices, retail
stores, personal service shops, household equipment or furniture shops,
4-54 072684
clothing or shoe repair or service shops, manufacturing, wholesale and
similar uses.
4M36(1 l) (b) Additional Criteria for Joint Parking In addition to the preceding
requirements, the following conditions are required for joint parking usage:
,0362 1 1 1)(b) (i) Proximitv The building or use for which application is being made to
utilize the off - street parking facilities provided by another building or use
shall be located within three hundred feet of such parking facilities.
4.036(l 1)(b) (ii) Conflict in Hours The applicant shall show that there is no substantial
conflict in the principal operating hours of the two buildings or uses for
which joint use of off - street parking facilities is proposed.
4.1136(11)(b)(iii) Written Consent and Agreement A legally binding instrument, executed
by the parties concerned, for joint use of off - street parking facilities,
duly approved as to title of grantors or lessors, and form and manner of
execution by the City Attorney, shall be filed with the City Clerk and
recorded with the Hennepin County Recorder or Registrar of Titles, and
a certified copy of the recorded document shall be filed with the City
within 60 days after approval of the joint parking use by the City.
4.036 (12) Off -Site Parking
4,036(12) (a) A Conditional Use Any off -site parking which is used to meet the
requirements of this Code shall be a conditional use as regulated by
Section 4.20 of this Code and shall be subject to the conditions listed
below.
4.031(12) (b) Code Compliance Off -site parking shall be developed and maintained
in compliance with all requirements and standards of this Code.
4.036 02) 2) (c) Access Reasonable access from off - street parking facilities to the use
being serviced shall be provided.
4.036(12) (d) Lessee Agreement Required The site used for meeting the off -site
parking requirements of this Code shall be secured by a lease agreement
between the parties, with term approved by the City Council subject to
the review and approval of the City Attorney, filed with the City Clerk
and recorded with the Hennepin County Recorder or Registrar of Title,
and a certified copy of the recorded document shall be filed with the City
Clerk within 60 days after approval of the agreement by the City
Council.
4M36(12) (e) Proximitv to Multiple Residence Off -site parking for multiple family
dwellings shall not be located more than one hundred feet from any
normally used entrance of the principal use serviced.
4.036(12)(f) Proximity for Non - Residential Uses Off -site parking for non - residential
uses shall not be located more than three hundred feet from the main
entrance of the principal use being served. No more than one main
entrance shall be recognized for each principal building.
4-55 072684
4.036(13) (g) Term of Parking Agreement Any use which depends upon off -site
parking to meet the requirements of this code shall maintain ownership
and parking utilization of the off -site location until such time as on -site
parking is provided or a site in closer proximity to the principal use is
acquired and developed for parking.
... ............................... (Code 072684)
4..036 (13) Deferment of Required Parkins A reduction in the number of required parking
stalls may be permitted by conditional use permit provided that:
4.036(13) (a) Evidence is provided demonstrating that the parking requirements of the
proposed use will be less than the parking required under 4.036 of this
Code during the peak demand period. Factors to be considered when
reviewing the proposed parking demand shall include, but not be limited
to:
4.036(13)(a) (i) Size, type and use of building.
4.036(1.3)(a) (ii) Number of employees.
4.036(13)(a)(iii) Projected volume and turnover of employee and /or customer traffic.
4.036(13)(a) (iv) Projected frequency and volume of delivery or service vehicles.
4.036(13)(a) (v) Number of company owned vehicles.
4.036t 13)(a) (vi) Storage of vehicles on site.
4.036 13) (b) In no case shall the amount of parking provided be less than one -half
( /2) to the amount of parking required by Ordinance.
4.03603) (c) The property owner can demonstrate that the site has sufficient property
under the same ownership to accommodate the expansion of the parking
facilities to meet the minimum requirements of 4.036 of this Code if the
parking demand exceeds on -site supply.
4.036(13) (d) On -site parking shall only occur in areas designed and constructed for
parking in accordance with 4.036 of this Code. The area reserved as
"proof of parking" shall be sodded or seeded and maintained as green
space or a recreational area. No permanent buildings shall be permitted
in the "proof of parking" area.
4.036(13) (e) The property owner shall record a restrictive covenant against the title
to the property providing that additional parking shall be constructed in
accordance with 4.036 of this Code if the site parking demand exceeds
the actual on -site parking supply in the sole opinion of the City. The
form of the restrictive covenant shall be approved by the City Attorney
before the issuance of the conditional use permit.
4.03 (13) (f) To qualify for a parking deferment, the site plan must comply with all
current zoning standards.
4-56 072684
4,036 (l.3) (g) Application for and approval of a conditional use permit for deferment
of required parking shall also be subject to the provisions of 4.20 et al
of this Code.
...................... I ............. (Ord. 91 -2)
4-57 072684
4.037 Off - Street Loading
4.€ 37 (1) Purpose The regulation of loading spaces in these zoning regulations is to
alleviate or prevent congestion of the public right -of -way and in off - street parking
areas so to promote the safety and general welfare of the public, by establishing
minimum requirements for off - street loading and unloading from motor vehicles
in accordance with the specific and appropriate utilization of various parcels of
land or structures.
. ............................... (Code 072684, Ord. 85 -23)
4,03' (2) Location
4,037(2) (a) Off - Street All required loading berths shall be off - street and located on the
same lot as the building or use to be served.
`i 037( ) (b) Distance from Intersection All loading berth curb cuts shall be located at
minimum fifty feet from the intersection of two or more street right -of -ways.
This distance shall be measured from the property line.
...... ............................... (Code 072684)
4,037(2) (c) Distance from Residential Use No loading berth for a non- residential use
shall be located closer than one hundred feet from a residential district unless
within a structure.
........................ (Code 072684, Ord. 85 -23)
4.037(2) (d) Prohibited in Front Yards Loading berths shall not occupy the front yard
setbacks.
...... ............................... (Code 072684)
4-58 072684
=1,037(2) (e) Front or Side Yard Locations A conditional use permit shall be required for
loading berths for non - residential uses where the loading berth is located at
the front or at the side of the building on a corner lot.
............................. (Code 072684, Ord. 85 -23)
4.037(2)(() (i) Pedestrians. Loading berths shall not conflict with pedestrian
movement.
4.037(2)(c) (ii) Visibility Loading berths shall not obstruct the view of the public
right -of -way from off - street parking access.
. ,037(2)(e iii) General Compliance Loading berths shall comply with all other
requirements of this section.
41,037(2) (f) Traffic Interference Each loading berth shall be located with appropriate
means of vehicular access to a street or public alley in a manner which will
cause the least interference with traffic.
4.037 (3) Surfacing All loading berths and accessways shall be improved with not less
than six inch class five base and two inch bituminous surfacing to control the dust
and drainage according to a plan submitted to and subject to the approval of the
City Engineer.
4.037(4) Accessory Use; Parking and Storage Any space allocated as a required loading
berth or access drive so as to comply with the terms of these zoning regulations
shall not be used for the storage of goods, inoperable vehicles or snow and shall
not be included as part of the space requirements to meet the off - street parking
requirements.
4.037(5) Screening Except in the case of multiple dwellings all loading areas shall be
screened and landscaped from abutting and surrounding residential uses in
compliance with Section 4.033(3) of this Code.
......... ............................... (Code 072684)
4.037(6) Number and Size of Loading gerths The number of required off - street loading
berths shall be as follows:
4.037(6) (a) Commercial or Industrial Uses
4.037(6)(a) (i) One loading berth and one additional berth for each additional one
hundred thousand square feet or fraction thereof. The first loading
berth shall be not less than seventy feet in length and additional
berths required shall be not less than thirty feet in length and all
loading berths shall be not less than ten feet in width and fourteen
feet in height, exclusive of aisle and maneuvering space.
4.03'7(6)(x) (ii) Reduction in Size of Space For commercial or industrial buildings
five thousand square feet or less, the size of the loading area may
be reduced or the requirement may be waived upon the approval of
a conditional use permit. To qualify for such exception, the
following provisions must be met:
4 037(6)(M(H) (a) It must be demonstrated that the site cannot physically
accommodate a loading berth to the size required.
4-59 072684
:.037(6)(a)(ii) (b) It must be demonstrated that semi - trailer truck deliveries
will not occur at the site or all deliveries will occur at such
a time as to not conflict with customer or employee access
to the building and parking demand.
4.037(6) (b) Multiple Residential Type Uses One loading area shall be provided for
each multiple family structure containing five or more units and shall be
exclusively reserved for loading and unloading. The space shall be at
minimum forty feet in length and ten feet in width. Said area may be
parallel to a driveway aisle, but shall not serve to block the flow of
traffic or parking spaces.
41 037 (7) Deleted
............................. (Code 072684, Ord. 85 -23)
4.438 Home Occupation
4.038(1) Purpose The regulation of home occupations within residential structures is intended
to insure that the occupational use is clearly accessory or secondary to the principal
dwelling use and that compatibility with surrounding residential uses is maintained.
4.038(2) Application For purposes of this Code, home occupations, as defined in Section
4.022, shall be further defined to distinguish permitted home occupations from
conditionally permitted home occupations. Accordingly, all home occupations which
satisfy the permitted home occupation criteria shall be considered as a permitted
accessory use in all residential zoning districts. Home occupations which fail to
satisfy the permitted home occupation criteria, shall require a conditional use permit,
as provided for in Section 4.20, and may be located in any residential zoning district
based upon conditions set forth in the approved conditional use permit.
4.038(3) Permitted Home Occupations Home occupations which meet the following criteria:
4.038(3) (a) Structural Changes Businesses which require no interior or exterior changes
necessary to conduct the business; which are conducted within a principal
building; and which require no mechanical or electrical equipment not customarily
found in a home.
X3.0 38O (b) Traffic Businesses which do not significantly alter the traffic pattern of the
neighborhood.
4.038(3) (c) Employees Businesses which do not require employees other than those living
on the premises.
4.038(3) (d) Area Permitted Businesses which require no more than twenty percent of the
gross floor area of a dwelling, not to exceed three hundred square feet including
accessory building.
......... ............................... (Code 072684)
=1.038(3) (e) Sales on Premises Businesses which are not involved in direct sales on the
premises except as may be conducted through the use of the U.S. mail,
commercial delivery services by a vehicle no larger than a step van, or by taking
and ordering delivery of orders by telephone.
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4.038(3) (f) Outside Storage Businesses which require no outdoor storage of equipment,
machinery, inventory, tools or any other item required for use by the business,
except for parking of business vehicles in compliance with §4.036(4)(f) of this
Code.
. ............................... (Code 072685, Ord. 94 -07)
4.038(4) Conditional Use Permits Conditionally permitted home occupations shall consist
of those home occupations which do not meet all of the provisions of (3) above.
Said home occupation may be granted a conditional use permit provided that:
4.038(4) (a) Adverse Effect on Neighborhood The City Council shall find that all
business related activity occurring on the premises shall not cause any
adverse changes to the residential character of the neighborhood.
,038(4) (b) Screening of Exterior Changes The City Council shall find that any exterior
changes necessary to conduct the business are sufficiently screened, properly
designed, or separated by distance so as to be consistent with existing
adjacent residential uses and compatible with the residential occupancy.
4.038(4) (c) Interior Changes The City Council shall find that any interior changes
necessary to conduct the business comply with all building, electrical,
mechanical and fire codes governing the use in a residential occupancy.
4.0380) (d) Traffic The City Council shall find that the traffic generated by the business
involves only vehicles of the type that typically service single family
residences and that such traffic constitutes neither a nuisance nor a safety
hazard.
4.039 Temporary Uses
4.039 (1) Purpose Certain uses that are generally not suitable within a particular zoning district
are potentially suitable on a temporary basis. This may be due to the lack of
development on existing property due to a short -term need (such as highway
construction), or to the limited degree of adverse affects upon adjacent land use.
Accordingly, it is the intention of this Subdivision to recognize certain temporary uses
as being potentially allowable and provide regulations for their control, if permitted.
4M39 (2) Application Where not specifically listed, all temporary uses shall be permitted in
any zoning district provided they apply for and receive approval of a conditional use
permit or appropriate City license (as may be required by the nature of the use).
4.039 (3) Temporary Uses Subject to Licensing
4.039(3) (a) Christmas Trees Christmas tree sales for a period not to exceed ninety days.
4.0390) (b) Sales Promotions Carnivals and circuses held as promotional activities in
conjunction with developed commercial uses in "B -2 ", "B -3 ", and "B -4" Districts
only.
4 .039(3) (c) Civic Activities Community activities by non - profit civic groups, upon approval
by the City Council of the proposed program as being in harmony with area uses,
and upon issuance of appropriate permits and licenses.
4039 (4) Temporary Uses Requiring a Conditional Use Permit
4-61 072684
4.039(4) (a) Road Materials Black -top or crushing plant for highway materials.
:1.039 4) (b) Excavating For Sale Excavating businesses - sand, gravel, or black dirt.
4 (c) Stoc ilin . Stockpiling of material for use in highway construction.
4.039(4) (d) Religious Religious meeting in a temporary structure for a period not to exceed
ten days.
4.(339(4) (e) Carnival Carnivals or circuses when operated as a separate commercial business
for a period not to exceed fifteen days.
4.039(5) Additional Criteria All conditionally permitted temporary uses shall satisfy the
following criteria in addition to the general criteria imposed for all conditional use
permits as provided for in Section 4.201 (5).
4.039(5) (a) Adjacent Sites Adjacent vacant land is not yet impacted by development
pressures or will not be affected by the proposed use.
4.1339(5) (b) Noise and Nuisance Adjacent developed land will not be adversely affected by
the proposed use because of traffic, noise, dust, smoke, unsightliness, or other
nuisance characteristic.
4.039(5) (c) Term of Permit The period of time for which the conditional use permit is to be
granted will terminate before any adverse effects are felt upon adjacent property.
4.039(5) (d) Performance Bond There is adequate assurance, guaranteed by performance
bond in a form accepted by the City Council, if deemed necessary by the
Council, that the property will be left in suitable condition after the temporary use
is terminated.
.................. ............................... (Code 072684)
4.039A Site and Building Plan Review To insure that the purposes of this Code are adhered to, it is
hereby determined that a comprehensive review of site, building and development plans shall
be made by the New Hope Planning Commission and approved by the New Hope City Council
prior to the issuance of any building permits by the Building Official pursuant to the procedure
established by this section.
4,039A (1) Approval Required None of the following actions shall occur and no building permit
or certificate of occupancy shall be issued unless such action shall be in complete
accord with site and building plans that have been approved as provided in this section.
Actions which shall require approval of building and site plans shall be:
4.039A(1) (a) Erection of a building or buildings.
4.039A(1) (b) Moving of a building or buildings to a location or locations within the City
of New Hope.
4.039A(l) (c) Changing the use of a building or parcel from one type of land use to
another. Changes in occupancy envisioned by this section shall include office
to retail, warehouse to assembly, retail to restaurant and similar actions that
result in a different intensity of use.
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4.039A(1) (d) Modification of or additions or enlargements to a building, or buildings,
accessory site improvements, and /or land features of a parcel of land that
result in the need for additional parking.
4.0399(4) (e) Grading, site preparation, and removal or placement of soils, rock and
concrete material.
€A)39= (2) Exceptions To Review The following shall be excepted from the foregoing
requirements:
4.()39A(2) (2) (a) New on -site construction of detached single or double family residential
structures, or uses or structures accessory thereto.
4.039A( (b) Modifications, additions, or enlargements which do not increase the gross
floor area of the building by more than ten percent (10 %) and which do not
involve a variance from the provisions of this Zoning Code may, at the
discretion of the City Manager be exempted from some, or all, of the
procedures for building and site plan approval. In these instances an
administrative Site Plan Review shall be performed and suitable
documentation of such be placed in the property file. The City may require
such improvements as deemed necessary to meet the intent and standards of
this Code and to maintain or improve the quality of the existing site plan.
4.039A(2) (c) Changes in the use of leasable space in multi -tenant buildings where the
change of tenant does not intensify the use of such space nor require
additional parking or result in an inability to maintain the required
performance standards.
4,039 (3) Standards For Review In making recommendations and decisions upon site and
building plan review applications, the staff, Planning Commission and City Council
shall consider the compliance of such plans with the following standards:
4.0 9A(3) (a) Consistency with the various elements and objectives of the City's long range
plans, including but not limited to the Comprehensive Plan.
4. 039A(3) (b) Consistency with the purposes of the New Hope Code.
4.039A(34 (c) Preservation of the site in its natural state, insofar as practicable, by
minimizing tree and soil removal, and designing any grade changes so as to
be in keeping with the general appearance of neighboring developed or
developing areas.
, i . X39 A (3) (d) Creation of a harmonious relationship of buildings and open spaces with the
terrain and with existing and future buildings having a visual relationship to
the proposed development.
-4.039A(3) (e) Creation of a functional and harmonious design for structures and site
features including:
1.()39 (3)(c) (i) Creation of an internal sense of order for the various functions and
buildings on the site and provision of a desirable environment for
occupants, visitors, and the general community.
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4. ?39A(3)(e) (ii) Appropriateness of the amount and arrangement of open space and
landscaping to the design and function of the development.
4,039r (3)(e)(iii) Appropriateness of the materials, textures, colors, and details of
construction as an expression of the design concept of the project and the
compatibility of the same with the adjacent and neighboring structures
and functions.
4.039A(3)(e)(iv) Adequacy of vehicular, cycling and pedestrian circulation, including
walkways, interior drives and parking, in terms of location and number
of access points to the public streets, width of interior drives and access
points, general interior circulation, separation of pedestrian, cycling and
vehicular traffic and arrangement and amount of parking so as to be
safe, convenient and, insofar as practicable, compatible with the design
of proposed buildings, structures and neighboring properties.
4.039A(3) (f) Creation of an energy - conserving design through design, location, orientation
and elevation of structures, the use and location of glass in structures, and the
use of landscape materials and site grading.
4.039A(3) (g) Protection of adjacent and neighboring properties through reasonable
provisions for such matters as surface water drainage, sound and sight
buffers, preservation of views, light and air, and those aspects of design, not
adequately covered by other regulations, which may have substantial effects
on neighboring land uses.
4.39A (4) Procedures For Review All applications for site and building plan review shall be
submitted on forms prepared by the City, documented by information as requested in
said forms and processed pursuant to the procedures set forth in 4.20 et seq. of this
Code.
4.039A (5) Plan Agreements All site and construction plans officially submitted to the City shall
be treated as a formal agreement between the applicant and the City. Once approved,
no changes, modifications, or alterations shall be made to any plan detail, standard or
specification without prior submission of a plan modification request to the Building
Official for his review and approval.
............... ............................... (Ord 89 -9)
4.039A (6) Fee. The fee for site and building plan reviews shall be as prescribed by section 4.36
and Chapter 14 of this Code.
.............. ............................... (Ord. 90 -2)
4.039B Grading, Erosion and Sediment Control Regulation s.
4M39B (1) Title This section shall be known as the "Grading, Erosion and Sediment Control
Regulations" and may be so cited.
4.039B (2) Purpose The purpose of this section is to safeguard property, and to preserve and
enhance the natural environment, including but not limited to water quality, by
regulating clearing and grading on public and private property.
4.€339 (3) Scope This section sets forth rules and regulations to control land disturbances, land
fill, soil storage, and erosion and sedimentation resulting from such activities. This
4-64 072684
section establishes procedures for issuance, administration and enforcement of a
permit.
4.0398 (4) Other Laws Neither this section nor any administrative decision made under it:
4.0:3 9hi(4) (a) Exempts the Permittee from procuring other required permits or complying
with the requirements and conditions of such permit; or
4.091:1(4) (b) Limits the right of any person to maintain, at any time, any appropriate
action at law or in equity, for relief or damages against the Permittee arising
from the permitted activity.
4.039B(5) Severabililty and Validity If any part of this section is not found valid, the remainder
of this section shall remain.
4.039 (6) Permit Required No person may grade, fill, excavate, store or dispose of soil and
earth materials or perform any other land - disturbing or land- filling activity without
first obtaining a Permit as set forth in this section.
4.t�)39B (7) General Exemptions All land - disturbing or land - filling activities or soil storage shall
be undertaken in a manner designed to minimize surface runoff, erosion and
sedimentation and to safeguard life, limb, property, and the public welfare. A person
performing such activities need not apply for a Permit pursuant to this chapter, if all
the following criteria are met:
4.039B(17) (a) The disturbed or filled area is 15,000 square feet or less.
4 J)3 13(7) (b) Volume of soil or earth materials stored or moved is 50 cubic yards or less.
4.0 39B(7) (c) Rainwater runoff is diverted, either during or after construction, from an area
smaller than 2 acres.
4.0:399(7) (d) An impervious surface, if any, of less than 10,000 square feet is created.
, 1.039B(7) (e) No drainageway is blocked or has its stormwater carrying capacities or
characteristics modified.
4.O39B( 7) (f) The activity does not take place within 100 feet by horizontal measurement
from the top of the bank of a watercourse, the mean high water mark (line
of vegetation) of a body of water or within the wetlands associated with a
watercourse or water body, whichever distance is greater.
4,0:399 (S) Categorical Exemptions Sections 6 and 7 (a) -(e) notwithstanding, the following
activities are exempt from the permit requirements:
4 .039B(8) (a) An excavation below finished grade for basements and footings of a building,
retaining wall or other structure authorized by a valid building permit. This
shall not exempt any fill made with the material from such excavation nor
exempt any excavation having an unsupported height greater than 5 feet after
the completion of the structure.
4.()398(8) (b) Cemetery graves.
4.039B( (g) (c) Refuse disposal sites controlled by other regulations.
4-65 072684
4.(')39B(8) (d) Excavations for tunnels.
4.0399(8) (e) Mining, quarrying, excavating, processing, stockpiling of rock, sand, gravel,
aggregate or clay where established and provided for by law, provided such
operations do not affect the lateral support or increase the stresses in or
pressure upon any adjacent or contiguous property.
4J.)39B(8) (f) Exploratory excavations under the direction of soil engineers or engineering
geologists.
4.03913(8) (g) Routine agricultural crop management practices.
4.0399(8) (h) Emergencies posing an immediate danger to life or property, or substantial
flood or fire hazards.
4.0301(8) (i) Any activity where total volume of material disturbed, stored, disposed of or
used as fill does not exceed 50 cubic yards and which does not obstruct a
drainage course.
4.0399(8) Q) Sections 6 and 7 (a) -(e) notwithstanding, any activity where total volume of
material disturbed, stored, disposed of or used as fill does not exceed 5 cubic
yards is always exempt for the permit requirements.
4.0:3913 (9) Handbook Adopted by Reference The standards and specifications contained in the
Manual of Standards are hereby incorporated into this section and made a part hereof
by reference for the purpose of delineating procedures and methods of operation under
site development and erosion and sedimentation control plans approved under Article
III. In the event of conflict between provisions of said manual and of this ordinance,
the ordinance shall govern.
4.039 (10) Application The application for a Permit must include all of the following items:
4.039B(I O) (a) Application.
4,039B(10) (b) Site Map and Grading Plan.
4.0399(10) (c) Interim Erosion and Sediment Control Plan.
4.039B(IO) (d) Final Erosion and Sediment Control Plan, where required.
4.039B(I O) (e) Soil Engineering Report, where required.
4,039B(10) (f) Engineering Geology Report, where required.
4.0399(10) (g) Work Schedule.
4.039B(10) (h) Application Fees.
4.039 (IO) (i) Performance Bond or other acceptable security (see section 18).
4.1)39B(1 0) (j) Any supplementary material required by the issuing authority.
4-66 072684
1.0399 (11) Application Form The following information is required on the application form:
4.039B(H) (a) Name, address and telephone number of the Applicant
1.1)31113(1 1) (b) Names, addresses and telephone numbers of any and all contractors,
subcontractors or persons actually doing the land- disturbing and land - filling
activities and their respective tasks.
, .1.1339.1:3(11) (c) Name(s), address(es) and telephone number(s) of the person(s) responsible
for the preparation of the Site Map and Grading Plan.
1.0w31113(11) (d) Name(s), address(es) and telephone number(s) of the person responsible for
the preparation of the Final Erosion and Sediment Control Plan.
4.03 (e) Name(s), address(es) and telephone number(s) of the registered engineer(s)
responsible for the preparation of the soil engineering and engineering
geology reports, where required.
41.053913(11) (f) A vicinity map showing the location of the site in relationship to the
surrounding area's watercourses, water bodies and other significant
geographic features, and roads and other significant structures.
4.0 399(.11) (g) Date of the Application.
4.03 13(I 1) (h) Signature(s) of the owner(s) of the site or of an authorized representative.
4.039B (12) Site Map and Grading Plan (Grading; Plan ) . The Site Map and Grading Plan shall
contain all the following information:
1.0399(12) (a) Existing and proposed topography of the site taken at a contour interval
sufficiently detailed to define the topography over the entire site. Ninety
percent of the contours shall be plotted within one -half contour intervals of
the true location.
41 039B(12) (b) Contour lines that extend a minimum of 100 feet off -site, or sufficient to
show on -site and off -site drainage.
1.03113(12) (c) Site's property lines shown in true location with respect to the plan's
topographic information.
1.031113(1.2) (d) Location and graphic representation of all existing and proposed natural and
man-made drainage facilities.
4.0399(12) (e) Detailed plans of all surface and subsurface drainage devices, walls,
cribbing, darns and other protective devices to be constructed with or as a
part of the proposed work, together with a map showing the drainage area
and the estimated runoff of the area served by any drain.
4.039B( 12) (f) Location and graphic representation of proposed excavations and fills, of on-
site storage of soil and other earth material, and of on -site disposal.
4,0:3913(12) (g) Location of proposed final surface runoff, erosion and sediment control
measures.
4-67 072684
4.03913(12) (h) Quantity of soil or earth material in cubic yards to be excavated, filled,
stored or otherwise utilized on -site.
21.039B(1.2) (i) Outline of the methods to be used in clearing vegetation, and in storing and
disposing of the cleared vegetative matter.
4.039P(12) 0) Proposed sequence and schedule of excavation, filling and other land -
disturbing and filling activities, and soil or earth material storage and
disposal.
4.03913(1.2) (k) Location of any buildings or structures on the property where the work is to
be performed and the location of any buildings or structures on land of
adjacent owners which are within 15 feet of the property or which may be
affected by the proposed grading operations.
Specifications shall contain information covering construction and material
requirements.
4.039B (13) Interim Erosion and Sediment Control Plan (Interim Plan)
4.03913(13) (a) Maximum surface runoff from the site shall be calculated using the method
approved by the issuing authority and maintained in the Manual of Standards,
or any other method proven to the issuing authority to be as or more
accurate.
4.1)3913(1.3) (b) The Interim Plan shall also contain the following information:
4.039I3(13)(b) (1) A delineation and brief description of the measures to be undertaken
to retain specifications for sediment detention basins and traps, and
a schedule for their maintenance and upkeep.
4.039I3(13)(b) (2) A delineation and brief description of the surface runoff and erosion
control measures to be implemented, including but not limited to,
types and method of applying mulches, and designs and
specifications for diverters, dikes and drains, and a schedule for
their maintenance and upkeep.
4.039I3(1 3)(b) (3) A delineation and brief description of the vegetative measures to be
used, including but not limited to, types of seeds and fertilizer and
their application rates, the type, location and extent of pre- existing
and undisturbed vegetation types, and a schedule for maintenance
and upkeep.
4.039:B(I3) (c) The location of all the measures listed by the Applicant under Subsection (b)
above, shall be depicted on the Grading Plan, or on a separate plan at the
discretion of the City.
4.0399(13) (d) An estimate of the cost of implementing and maintaining all interim erosion
and sediment control measures must be submitted in a form acceptable to the
City.
µ1.1:139l3(13) (e) The Applicant may propose the use of any erosion and sediment control
techniques in the Interim Plan provided such techniques are proven to be as
4-68 072684
or more effective than the equivalent best management practices contained in
the Manual of Standards.
4,039B (14) Final Erosion and Sediment Control Plan (Final Plan) All the following information
shall be provided with respect to conditions existing on the site after final structures
and improvements (except those required under this Section) have been completed and
where these final structures have not been covered by an Interim Plan (see section 25):
4.0399(14) (a) Maximum runoff from the site shall be calculated using the method approved
by the issuing authority and maintained in the Manual of Standards, or any
other method proven to the issuing authority to be as or more accurate.
4039B(14) (b) The Final Plan shall also contain the following information:
4.03913(14) (b) (1) A description of and specifications for sediment retention devices.
4.039N, 14)(b) (2) A description of and specifications for surface runoff and erosion
control devices.
4.03991 14)(b) (3) A description of vegetative measures.
4.031113(l4)(b) (4) A graphic representation of the location of all items in Subsections
(1) - (3) above (see section 12(g)).
4.039B(14) (c) An estimate of the costs of implementing all final erosion and sediment
control measures must be submitted in a form acceptable to the City.
=1.031113(14) (d) The Applicant may propose the use of any erosion and sediment control
techniques in the Final Plan provided such techniques are proven to be as or
more effective than the equivalent best management practices contained in the
Manual of Standards.
4.03113 (15) Soils Engineering Report A soil engineering report, when required by the City, shall
be based on adequate and necessary test borings, and shall contain all the following
information:
4.031113(15) (a) Data regarding the nature, distribution, strength and erodibility of existing
soils.
4.039B( 15) (b) Data regarding the nature, distribution, strength and erodibility of soil to be
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placed on the site, if any.
4.(:31313(15) (c)
Conclusions and recommendations for grading procedures.
4.0399(15) (d)
Conclusions and recommended designs for interim soil stabilization devices
and measures and for permanent soil stabilization after construction is
completed.
4.0313(15) (e)
Design criteria for corrective measures when necessary.
4.039B(15) (f)
Opinions and recommendations covering adequacy of sites to be developed
by the proposed grading.
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Recommendations included in the report and approved by the City shall be
incorporated in the grading plans or specifications.
4.039B (16) Engineering Geology Report An engineering geology report, when required by the
City, shall be based on adequate and necessary test borings and shall contain the
following information:
.1.039B(16) (a) An adequate description of the geology of the sites.
wl .039B([ 6) (b) Conclusions and recommendations regarding the effect of geologic conditions
on the proposed development.
4. {;0331'3(16) (c) Opinions and recommendations covering the adequacy of sites to be
developed by the proposed grading.
Recommendations included in the report and approved by the City shall be
incorporated in the grading plans or specifications.
4,039B (17) Work Schedule The Applicant must submit a master work schedule showing the
following information:
4.03913(17) (a) Proposed grading schedule.
4.0399([7) (b) Proposed conditions of the site on the 15th of each month between and
including the months of April through October.
4.0333B((.7) (c) Proposed schedule for installation of all interim erosion and sediment control
measures including, but not limited to, the stage of completion of erosion and
sediment control devices and vegetative measures on each of the dates set
forth in Subsection (b).
4.033B(17) (d) Schedule for construction of final improvements, if any.
4.0333B(17) (e) Schedule for installation of permanent erosion and sediment control devices
where required.
4,039B (18) Security
4.0333B(I 8) (a) The Applicant shall provide security for the performance of the work
described and delineated on the approved Grading Plan in an amount to be
set by the City. The form of security shall be one or a combination of the
following to be determined by the City.
4,03)1B(1 8)(a) (1) Bond or bonds issued by one or more fully authorized corporate
sureties. The form of the bond or bonds shall be subject to the
approval of the (City) (Watershed Management Organization)
Attorney.
4.039B(18)(a) (2) Deposit, either with the (City) (Watershed Management
Organization) or a responsible escrow agent or trust company at the
option of the (City) (Watershed Management Organization), of
money, negotiable bonds of the kind approved for securing deposits
of public monies, or other instrument of credit from one or more
financial institutions subject to regulation by the State or Federal
4-70 072684
government wherein said financial institution pledges funds are on
deposit and guaranteed for payment.
4.039B(18)(s) (3) Cash in United States currency.
4.0399(18) (b) The Applicant shall provide security for the performance of the work
described and delineated in the Interim Plan in an amount to be determined
by the City but not less than 100% of the approved estimated cost of
performing said work. The form of the security shall be as set forth in
Subsection (a) (2) and (3) above.
4.039B(18) (c) The Applicant shall provide security for the performance of the work
described and delineated in the Final Plan in an amount to be determined by
the City but not less than 100% of the approved estimated cost of performing
said work. The form of the security shall be as set forth in Subsection (a) (2)
and (3).
4,039 (19) Fees. Fees are to be paid pursuant to a schedule of fees as set forth in Chapter 14 of
this Code.
<039B (20) Decision on a Permit The City shall review all documents submitted pursuant to this
section, and, if necessary, request additional data, clarification of submitted data or
correction of defective submissions within 10 working days after the date of
submission. The City shall notify Applicant of the decision on the Permit within 40
days of submission by the Applicant, which submission shall include action by any
affected permitting authority having jurisdiction.
1 0398 (21) Notice Applicant shall be notified of the City's decision on the application within 3
working days of the decision.
4.0399 (22) Permit Duration Permits issued under this chapter shall be valid for the period during
which the proposed land - disturbing or filling activities and soil storage takes place or
is scheduled to take place, whichever is shorter. Permittee shall commence permitted
activities within 60 days of the scheduled commencement date for grading or the
Permittee shall resubmit all required application forms, maps, plans, schedules and
security to the City except where an item to be resubmitted is waived by the City.
4,039B (23) Permit Denial The Applicant may request a hearing before the City Council within
5 working days of notification of a permit denial. The hearing shall be held at the
earliest possible regularly scheduled City Council meeting following the date of the
request for a hearing, allowing adequate time for all background materials to be
submitted to Councilmembers in the regular course of business.
4,03913 (24) Assignment of Permit A permit issued pursuant to this chapter may be assigned,
provided:
4.()3113 (,244 (a) The Permittee notifies the City of the proposed assignment.
1.0330(2 (b) The proposed assignee:
1 039B(24)J)) (1) Submits an application form pursuant to Section 11; and
4.039B(24)(b) (2) Agrees in writing to all the conditions and duties imposed by the
Permit; and
4-71 072684
4.039B(24)(b) (3) Agrees in writing to assume responsibility for all work performed
prior to the assignment; and
4,039B(24)0,)) (4) Provides security pursuant to section 18; and
4.039B(24)(b) (5) Agrees to pay all applicable fees.
4.0391 (24) (c) The City approves the assignment.
The City shall set forth in writing the reasons for its approval or disapproval of
an assignment.
4,039 (25) No Improvements Planned Where an Applicant does not plan to construct permanent
improvements on the site, or plans to leave portions of the site graded but unimproved,
Applicant must:
4.0391(25) (a) Meet all the requirements of this chapter except that an Interim Plan designed
to control runoff and erosion on the site for the period of time during which
the site, or portions thereof, remain unimproved must be submitted in lieu of
a Final Plan; and
4,039B(25) (b) Submit executed contract(s) as defined in Section 29 (a) after completion of
grading.
4,039B (26) Issuance of Permits The City shall issue a Permit upon approval of a Grading Plan,
Interim Plan, and where required, a Final Plan, soils engineering report, and
engineering geology report, deposit of appropriate security and payment of fees. The
Permit shall be issued subject to the following conditions:
4.039B(26) (a) The Permittee shall maintain a copy of the Permit, approved plans and
reports required under Section 27 on the work site and available for public
inspection during all working hours.
,, 1.0391 (26) (b) The Permittee shall, at all times, be in conformity with approved Grading
Plan, Interim and Final Plans.
4,0 39I1(27) Implementation of Permits - Permittee's Duties In addition to performing as required
under Section 26:
4.0391 (a) Unless this requirement is waived by the City, Permittee shall notify the City
within 72 hours of:
4.039%27)(a) (1) The beginning of the permitted activity.
4,039 (27)( &a) (2) The completion of rough grading.
4.039B(27)(a) (3) The completion of finished grading.
4.039P(27)(a) (4) The installation of all erosion control devices and the completion of
planting requirements.
4.0:39I3(27)(a) (5) Readiness of the site for final inspection, including but not limited
to, finished grading, installation of drainage devices and final
erosion control measures.
4-72 072684
4,039B1 2) (b) Permittee shall submit to the City, reports if:
4.03913(27)(b) (1) There are delays in obtaining materials, machinery, services or
manpower necessary to the implementation of the Grading, Interim
or Final Plans as scheduled.
41 03913(127)(b) (2) There are any delays in land- disturbing or filling activities or soil
storage.
4.039B(27)(ia) (3) The work is not being done in conformance with the approved
Grading, Interim or Final Plans.
4.039B(27)(b) (4) There are any departures from the approved Grading Plan which
may affect implementation of the Interim or Final Plans as
scheduled.
4.03913(27)(b) (5) There are any delays in the implementation of the Interim or Final
Plans.
4 0:39B(27)(b) (6) There are any other departures from implementation of the Interim
or Final Plans.
4039B(27) (c) Unless this requirement is waived by the City, Permittee shall submit
recommendations for corrective measures, if necessary and appropriate, with
the reports made under Subsection (b).
4M3 9B (28) Implementation of Permits
4.039B(28) (a) The City shall review all reports submitted by Permittee. The City may
require Permittee to modify the Grading Plan, Interim or Final Plans, and
maintenance methods and schedules. The City shall notify the Permittee in
writing of the requirement and specify a reasonable period of time within
which Permittee must comply. All modifications are subject to City's
approval.
4.039B(28) (28) (b) The City may inspect the site:
4.02913(28) (b) (1) Upon receipt of a report by Permittee under provisions of Section
27 (a) and (b).
41 039B(28)O (2) To verify completion of modifications required under Section 28
(a).
4.()3913(28)(b) (3) During and following any rainfall.
4,0'1 B(2 -8)(b) (4) At any other time, at the City's discretion.
4.039B(28) (c) Upon completion of the rough grading work and at the final completion of the
work, the City may require the following reports and drawings and
supplements thereto:
4,0:3 +13(28)(c) (1) An as- graded grading plan prepared by the civil engineer including
original ground surface elevations, as- graded ground surface
elevations, lot drainage patterns and locations, and elevations of all
4-73 072684
surfaces and subsurface drainage facilities. The engineer shall
provide approval that the work was done in accordance with the
final approved Grading Plan.
4.039B(28)(c) (2) A soil grading report prepared by the soils engineer including
locations and elevations of field density tests, summaries of field
and laboratory tests and other substantiating data and comments on
any changes made during grading and their effect on the
recommendations made in the soil engineering investigation report.
The engineer shall provide approval as to the adequacy of the site
for the intended use.
4.039B(28)(c) (3) A geologic grading report prepared by the engineering geologist
including a final description of the geology of the site including any
new information disclosed during the grading and the effect of
same on recommendations incorporated in the approved Grading
Plan. The geologist shall provide approval as to the adequacy of the
site for the intended use as affected by geologic factors.
4.039Ii (29) Post Grading Procedures Upon completion of final grading and permanent
improvements, where such permanent improvements are planned at the time grading
is performed, Permittee shall submit:
4.039I1(29) (a) Executed contract(s) for maintenance and upkeep of Final Plan runoff and
erosion control measures for a period of 3 years. (Less desirable
alternatives: deed restrictions requiring maintenance; instructions on
maintenance provided subsequent owners.)
4.039I1 (30) Suspension or Revocation of Permit The City shall first have resorted to the
procedures set forth in this Section before any other work enforcement procedure set
forth in this Article.
4.039B(30) (a) The City shall suspend the Permit and issue a stop work order, and Permittee
shall cease all work on the work site, except work necessary to remedy the
cause of the suspension, upon notification of such suspension when:
4.03W30' ')(a) (1) The City determines that the permit was issued in error or on the
basis of incorrect information supplied, or in violation of any
ordinance or regulation or the provisions of this Code.
4,039B(30)(a) (2) Permittee fails to submit reports when required under Sections 27
and 28.
4.039B(30)(a) (3) Inspection by the City under Section 28(b) reveals that the work or
work site:
4.039B(30)(a)(3) (i) Is not in compliance with the conditions set forth in Section 26,
or
4.0391(30)(a)(3) (ii) Is not in conformity with the Grading Plan, Interim or Final
Plan as approved or as modified under Section 28(a), or
4.039B(30)(a)(3)(iii) Is not in compliance with an order to modify under Section
28(a).
4- 74 072684
4,039B(30)(a) (4) Permittee fails to comply with an order to modify within the time
limits imposed by the City (see section 28(a)).
4.039B(30) (b) The City shall revoke the Permit and issue a stop work order, and Permittee
shall cease work if Permittee fails or refuses to cease work, as required under
Section 34(a) above, after suspension of the Permit and receipt of a stop
work order and notification thereof.
4.03913(30) (c) The City shall reinstate a suspended Permit upon Permittee's correction of
the cause of the suspension.
4.03913(30) (d) The City shall not reinstate a revoked Permit unless and until the Permittee
has corrected all conditions which resulted in the revocation.
4 03913 (31) Fines and Penalties Any person, firm, corporation or agency acting as principal
agent, employee or otherwise, who fails to comply with the provisions of this Code
shall be guilty of a misdemeanor and upon conviction thereof shall be punishable by
a fine of not more than Seven Hundred Dollars ($700), or by imprisonment in jail for
not more than 90 days, or by both, for each separate offense. Each day any violation
of this chapter shall continue shall constitute a separate offense.
4 039B (32) Action Against the Security The City may act against the appropriate security if any
of the conditions listed in Subsection (a) - (d) below exists. The City shall use funds
from the appropriate security to finance remedial work undertaken by the City or a
private contractor under contract to the City, and to reimburse the City for all direct
costs incurred in the process of the remedial work.
4.0391:3(32) (a) The Permittee ceases land- disturbing activities and/or filling and abandons the
work site prior to completion of the Grading Plan.
1.( 399(32) (b) The Permittee fails to conform to the Interim Plan or Final Plan as approved
or as modified under Section 28(a) and has had his /her permit revoked under
Section 30.
, 4.03913(32) (c) The techniques utilized under the Interim or Final Plan fail within 1 year of
installation, or before a Final Plan is implemented for the site or portions of
the site, whichever is later.
4.039B(,32) (d) The City determines that action by the City is necessary to prevent excessive
erosion from occurring on the site.
4 �0391 (33) Release of Security Security deposited with the City for faithful performance of the
grading and erosion control work and to finance necessary remedial work shall be
released according to the following schedule:
4.0399(33) (a) Securities held against the successful completion of the Grading Plan and the
Interim Plan, except for Interim Plans described in Section 25, shall be
released to the Permittee after inspection by the City at the termination of the
Permit, provided all conditions have been met and no action against such
security is filed prior to that date.
44)3913(33) (b) Securities held against the successful completion of the Final Plan and an
Interim Plan described in Section 29 shall be released to the Permittee after
inspection by the City and approval of all work and either 1 year after
4 -75 072684
termination of the Permit or when a Final Plan is submitted for the
unimproved site, whichever is later, provided all conditions have been met
and no action against such security has been filed prior to that date.
4,039B (34) Cumulative Enforcement Procedures The procedures for enforcement of a Permit,
as set forth in this section, are cumulative and not exclusive.
.................. I......................... (Ord. 90 -07)
4.039C Regulation of Sexually Oriented Businesses and Adult Uses
4.039C (1) Purpose and Intent The regulations of this section have neither the purpose nor effect
of imposing a limitation or restriction on the content of any communicative materials,
including sexually oriented materials. It is not the intent nor effect of this Code to
restrict or deny access by adults to sexually oriented materials protected by the First
Amendment, or to deny access by distributors and exhibitors of sexually oriented
entertainment to their intended market. It is the purpose of this Code to regulate
Sexually Oriented Businesses and Adult Uses to promote the health, safety, morals,
and general welfare of the citizens of the City and to establish reasonable and uniform
regulations to:
4.039C(1.) (a) Prevent additional criminal activity within the City;
4.0399) (b) Prevent deterioration of neighborhoods and its consequent adverse effect on
real estate values of properties within the neighborhood;
4,0 39t;(1) (c) To locate Sexually Oriented Businesses away from residential areas, schools,
churches, and parks and playgrounds;
=4.039CO (d) Prevent concentration of Sexually Oriented Businesses within certain areas
of the City;
4.039C(1) (e) Prevent the spread of sexually transmitted diseases.
4,039('(2) General Provisions Sexually Oriented Businesses or Adult Uses as defined in Section
4.022 of this Code shall be subject to the following general provisions:
4.039C(2) (a) Activities defined as obscene by Minnesota Statute §617.241 are not
permitted and are prohibited.
4..039C(2) (b) Sexually Oriented Businesses and Adult Uses, either principal or accessory,
shall be prohibited from locating in any building which is also utilized for
residential purposes.
4,039C(2) (c) Sexually Oriented Businesses and Adult Uses, either principal or accessory,
shall be prohibited from locating in any place which is also used to dispense,
consume or sell alcoholic beverages.
4.029C(2) (d) A Sexually Oriented Business or Adult Use which does not qualify as an
accessory use shall be classified as an adult use - principal.
4.039C.(2) (e) Sexually Oriented Businesses or Adult Uses classified as an adult use -
principal may not locate or operate within the City without first obtaining a
Sexually Oriented Businesses Adult Uses Principal License as required by
§8.27 of this Code.
4- 76 072684
4.() 39C (3) Adult Uses - Principal
4.039C(3') (a) Sexually Oriented Businesses classified as adult use - principal shall be located
at least three hundred (300) radial feet, as measured in a straight line from
the closest point of the property line of the building upon which the adult use -
principal is located to the property line of:
4.0390 (i)
Residentially zoned property or residential uses.
4.03 C:(:3)(aa) (ii)
A licensed day care center.
4.039C(3)(aa) (iii)
Public or private educational facilities including preschools,
elementary, junior high or senior high schools.
4.039C(3)(a) (iv)
A public library.
4.03903)(aa) (v)
A public park.
4. )39C(3)(ar,) (vi)
Another adult use, principal.
4.03903)(a) (vii)
An on -sale liquor, wine or beer establishment.
4.039('(3)(:a'( (viii)
Churches.
4.03903)(a) (ix)
Commercial recreational facilities if the majority of its customers
consist of minors.
4.039C(;3)(a) (x) Specialty schools if the majority of its students consist of minors.
4 039Q3) (b) Adult use - principal activities, as defined by this Code shall be classified as
one use. Two or more Sexually Oriented Businesses or Adult Uses - Principal
shall not be located in the same building or upon the same property.
4.031('(3) (c) Sexually Oriented Businesses shall adhere to the following signing
regulations.
4.03' C::(3)(c) (i) Sign messages shall be generic in nature and shall only identify the type
of business or use which is being conducted; and
4.039C::(3)(c) (ii) Shall not contain material classified as advertising; and
1.03903)(c)(iii) Shall comply with the requirements of size and number for the district
in which they are located.
4.039C "(:3) (d) Adult use - principal activities shall be prohibited at any public show, movie,
caravan, circus, carnival, theatrical, or other performance or exhibition
presented to the general public where minors are permitted.
4-77 072684
4M39C (4) Adult Uses - Accessory
4,039C(4) (a) Adult use - accessory shall:
4.039C(4)(a) (i) Comprise no more than ten (10) percent of the floor area of the
establishment in which it is located.
4.039(.'(4)(a) (ii) Comprise no more than twenty (20) percent of the gross receipts of the
entire business operation.
4.()39C(4)ka)(iii) Not involve or include any activity except the sale or rental of
merchandise.
4.039C(4) (b) Adult use - accessory shall be restricted from and prohibit access to minors by
the physical separation of such items from areas of general public access.
Business owner shall make every reasonable precaution to limit access to
minors.
4.039C(4)(b) (i) Movie Rentals Display areas shall be restricted from general view and
shall be situated in such fashion as to prohibit access and visibility to
minors, the access of which is in clear view and under the control of the
persons responsible for the operation.
4.039C(4)(b) (ii) Magazines Publications classified or qualifying as adult uses shall not
be accessible to minors and shall be covered with a wrapper or other
means to prevent display of any material other than the publication title.
4,039C(4)(b)(iii) Other Use Adult uses - accessory not specifically cited shall comply with
the intent of this section subject to the approval of the City Council.
4.039C(4) (c) Adult use - accessory shall be prohibited from both internal and external
advertising and signing of adult materials and products.
4 M39C. (5) Non - Conforming Sexually Oriented Businesses, Adult Use - Principal or Accessory
Sexually Oriented Businesses and Adult Uses which are classified as legal non-
conforming uses may continue in accordance with the provision of this Code except
that any such non - conforming use shall be terminated and become illegal on and after
August 1, 1993. To the extent possible, the City shall attempt to identify all such uses
which become classified as non - conforming under the provisions of this subdivision
and shall notify the property owners and operators of such uses in writing of the
change in status and the terms and conditions which apply. The owner of any property
on which an adult use is located may apply to the City Council for an extension of the
termination date. Any such application shall be in writing and be received by the City
no later than August 1, 1992. Failure to submit a timely extension application shall
constitute a waiver of the right to request an extension. The extension may be granted
if the applicant demonstrates that the amortization period is an unreasonable burden
upon the business and does not allow adequate time to recover a reasonable return
upon the business investment. The applicant shall have the burden of proof to
demonstrate hardship with the established termination date and also the time required
for an extension. In making its decision, the City Council may consider any factor
relevant to the issue, including but not limited to:
4.039C.() (a) The degree or magnitude of threat to the public health, safety, and general
welfare posed by the secondary impacts of the operation.
4-78 072684
4.03 9C:;(5) (b) The length of time that the adult use has been operating.
, 1.O39C:: "O (c) The ease by which the property could be converted to a conforming use.
4.O39(',(,S) (d) The nature and character of the surrounding neighborhood.
4.039C(5) (e) The value and condition of the improvements on the property.
4.039C( (f) The amount of the applicant's investment in the business.
-4.039C(5) (g) The amount of investment already realized.
4.039((30 (h) The cost of relocating the adult use.
............. ............................... (Ord. 92-06)
.................. ............................... (Code 072684)
4.039D Personal Wireless Service Antennas and Towers
4A)39D (1) Purpose and Intent The purpose of this section is to establish predictable, balanced
regulations for the siting and screening of wireless communication equipment in order
to accommodate the growth of wireless communication systems within the City of
New Hope while protecting the public against any adverse impacts on the City's
aesthetic resources and the public welfare.
4 0391) (2) Personal Wireless Service Antennas Personal wireless service antennas erected on
an antenna support structure may be allowed as a permitted secondary use in all zoning
districts by administrative permit and provided they comply with the following
standards:
4.039D(2) (a) Unless the antenna /antenna support structure and land is under the same
ownership, written authorization for antenna erection shall be provided by the
property owner as well as the applicant.
4.039D(2) (b) In commercial and industrial zoning districts, the antenna support structure
must be twenty (20) feet in height or greater. Within residential zoning
districts, the support structure must be thirty -six (36) feet in height or
greater.
4.039D(2) (c) The antenna shall not extend beyond the height of the antenna support
structure by greater than twenty (20) feet.
(d) The antenna support structure and antenna shall be in compliance with the
Minnesota State Building Code and all other applicable federal and state
regulations and permits.
4.0:391:x(2) (e) The structural design and mounting plans of the antenna on the existing
antenna support structure shall be in compliance with manufacturer's
specifications and shall be verified and approved by a registered professional
engineer.
°4.(:)391:)(2) (f) No advertising message shall be affixed to the antenna.
4-79 072684
4.039D(2) (g) Antennas shall not be artificially illuminated unless required by law or by the
Federal Aviation Administration (FAA) to protect the public's health and
safety.
4.039D(2) (h) When applicable, proposals to erect new antenna shall be accompanied by
any required federal, state, or local agency licenses.
, 1.039D(2) (i) Transmitting, receiving, and switching equipment which is not self - contained
shall be housed within the existing antenna support structure whenever
possible. Self- contained transmitting, receiving and switching equipment
shall be located at the base of the antenna and screened from view from
residential uses and public right -of -ways.
4.03' 1)(2) (j) All obsolete and unused antennas shall be removed within twelve (12) months
of cessation of operation at the site, unless an exemption is granted by the
City Manager or designate. The removal shall be the joint or several
responsibility of the utility or communication provider and land owner.
4.03913(2) (k) Antennas shall be of a color and configuration as to minimize adverse visual
effect. Antennas mounted to the side of an antenna support structure shall be
of a matching color in order that such facilities harmonize with the character
and environment of the area in which they are located.
61.034)1:.) (3) Personal Wireless Service Antenna Towers Personal wireless service antennas
erected on an antenna tower may be allowed as a conditionally permitted use within
Industrial zoning districts, provided they comply with the following standards:
4.03917(3) (a) Unless the antenna tower and land is under the same ownership, written
authorization for antenna and antenna tower erection shall be provided by the
property owner as well as the applicant.
4.039D(3) (b) All obsolete and unused antenna towers shall be removed within twelve (12)
months of cessation of operation at the site, unless an exemption is granted
by the City Manager or designate. The removal shall be the joint and several
responsibility of the antenna tower owner and land owner.
4.0399(3) (c) All antenna towers shall be in compliance with the Minnesota State Building
Code and all other applicable federal and state regulations and permits.
4,0331:)(3) (d) Structural design and construction plans of the antenna towers shall be in
compliance with manufacturer's specifications and shall be verified and
approved by a registered professional engineer.
=1.0391:)(3) (e) When applicable, proposals to erect new antenna towers shall be
accompanied by any required federal state, or local agency licenses.
4.0399(3) (f) The City may authorize the use of City property for an antenna tower in
appropriately zoned districts in accordance with the procedures of the City
Code. The City shall have no obligation whatsoever to use City property for
such purposes.
4.03313(3) (g) Antenna towers shall maintain a minimum setback to the nearest property line
of seventy -five (75) percent of tower height and a minimum setback from a
building in the same lot of fifty (50) percent of tower height. The setback
4-80 072684
requirements may be reduced if the applicant provides documentation by a
registered engineer that any collapse of the tower will occur in a lesser
distance under all foreseeable circumstances. The setback requirements shall
not be reduced below the collapse area of the tower or the minimum setback
requirements of the base zoning district, whichever is greater.
4.0391)( (h)
All antenna towers shall maintain a minimum separation of one thousand
(1,000) feet from existing towers at the time the conditional use permit is
approved.
4.0399(3) (i)
Maximum height of a two antenna array tower shall be one hundred forty -
five (145) feet. A tower providing for three or more antenna arrays may
have a maximum height of one hundred sixty -five (165) feet.
. €03999) (j)
Antenna towers shall not be artificially illuminated unless required by law or
by the Federal Aviation Administration (FAA) to protect the public's health
and safety.
4.039D(3) (k)
No advertising message shall be affixed to the antenna tower.
43 0399(3) (1)
Antenna towers shall be painted silver or have a galvanized finish to reduce
visual impact, unless otherwise required by federal law.
4,039D(3) (m)
Antenna towers shall be of a color and configuration as to minimize adverse
visual effects in order that such facilities harmonize with the character and
environment of the area in which they are located.
4.0399(3) (n)
A security fence eight (8) feet in height shall be provided around the base of
the antenna tower. A locked anti -climb device shall be installed on all towers
extending twelve (12) feet above the ground.
4.0391)(3) (o)
Transmitting, receiving and switching equipment, whether self - contained or
located in a free - standing equipment building, shall be located at the base of
the antenna tower and shall be screened from view from residential uses and
public right -of -ways.
4.03991 3) (p) If a new antenna tower is to be constructed it shall be designed to
accommodate at least two (2) antenna arrays including but not limited to
other personal wireless service companies, local police, fire, and ambulance
companies.
r..) 0 39 (3) (q) The conditional use permit provisions of Section 4.21 of this Code must also
be satisfied.
4,0399 (4) Commercial and Public Radio and Television Transmitting_ Antennas, and Publi
Utility Microwave Antennas and Related Antenna Towers Such antennas shall be
considered a conditionally permitted use within the I -1 and I -2 Districts of the City and
shall be subject to the regulations and requirements of Section 4.21 of this Code.
Commercial and public radio and television transmitting, public utility microwave
antennas and antenna towers shall also comply with the following standards:
4.039D(4') (a) The applicant must demonstrate by certification of a registered engineer that
any antenna support structure is structurally capable of supporting the antenna
and related equipment and complies with the Minnesota State Building Code.
4 -81 072684
4.0391 (4) (b) Antennas located in an existing structure shall not extend more than twenty
(20) feet above the height of the structure to which they are attached.
4.039D(4) (c) Antennas attached to a tower shall comply with the tower provisions set forth
in Section 4.039D(3) of this Code.
...................... ............................... (Ord. 97 -4)
4-82 072684
4.04 GENERAL DISTRICT PROVISIONS
4.041 Categories of Districts The following zoning classifications are in effect within the City of
New Hope.
4,04:1 (1) Residential Districts
4.(141(1) (a) R -1, Single Family Residential District
4.04,1(1.) (b) R -2, Single and Two Family Residential District
1.041(1) (c) R -3, Medium Density Residential District
4.041(1 ) (d) R -4, High Density Residential District
........... ............................... (Ord. 81 -1)
4.('41(1) (e) R -5, Senior Citizen Residential District
4.041(1) (f) R -O, Residential - Office District
4 0 (2) Business Districts
1.041(2) (a) B -1, Limited Neighborhood Business District
41 (41('`1) (b) B -2, Retail Business District
4.(141(2) (c) B -3, Auto - Oriented Business District
4.041(2) (d) B -4, Community Business District
4.041 (3) Industrial Districts
4.04](3) 41(3) (a) I -1, Limited Industrial District
4.041(3) (b) I -2, General Industrial District
1.(141 (4) Special Districts
1.(341(4) (a) PUD, Planned Unit Development District
4.041(4) (b) FP, Flood Plain District (See Appendix D for sections 4.17 through 4.179C).
4.041(1) (c) W, Wetland Systems District (See Appendix D for sections 4.18 through 4.185).
4.042 Zoning Map Any zoning districts shown on a map published by the City are for general
information and convenience and do not affect the actual Zoning District Boundaries described
in Sections 4.24 through 4.35, and the legal descriptions in these sections shall control in all
questions involving boundaries of Zoning Districts.
............... ............................... (Ord. 79 -11, 84 -3)
4-83 072684
4.043 Zonina District Boundaries Zoning district boundary lines of this Code follow government
survey, Auditor's subdivision, platted lot lines, the center line of street or railroad tracks, the
center of water courses or the corporate limit lines, all as they exist upon the effective date of
this Code, or as this Code is amended.
4JA3 (1) Determination of Location Questions of doubt concerning the exact location of a
zoning district boundary line shall be heard and determined by the Board of Appeals
and Adjustments.
1 04 (2) Effect of Vacation When any street, alley or other public right -of -way is vacated by
official action of the City, the boundary of the zoning district abutting the center line
of the alley, street or other public right -of -way shall not be affected by such vacation.
4-84 072684
4.05 "R -1" SINGLE FAMILY RESIDENTIAL DISTRICT
4.051 Purpose The purpose of the "R -1" Single Family District is to provide for low density single
family detached residential dwelling units and directly related, accessory and complementary
uses.
4.052 Permitted Uses, R -1 . The following are permitted uses in an "R -1" District:
4M52 (1) Single family detached dwellings
4,052 (2) Boarding (house) Home - Foster Children Subject to applicable County and State
licensing requirements.
4,052 (3) Day Care Home Subject to applicable County and State licensing requirements.
3.052 (4) Public Parks and Playgrounds
4,052(5) Essential Services
4.052 (6) Group Home, Single Family
.............. ............................... (Ord. 84 -3)
4,052(7) Personal Wireless Service Antennas Personal wireless service antennas in
conformance with §4.039D of this Code.
.............. ............................... (Ord. 97 -4)
4.053 Accessory Uses, R -1 . The following are permitted accessory uses in an "R -1" District:
43 053 (1) Auto Parking Private garages, parking spaces and carports for licensed and operable
passenger cars and trucks not to exceed a gross weight of twelve thousand pounds, as
regulated by Section 4.036 (Off - Street Parking) of this Code. Private garage space
can be rented to non - residents of the property for private passenger vehicles and /or
non - commercial vehicles, trailers, or equipment if sufficient off - street parking in full
compliance with this Code is provided elsewhere on the property. Such garage shall
not be used for the storage of more than one commercial vehicles owned or operated
by a resident per dwelling unit.
4.053 (2) Recreational Vehicles and Equipment
4.053 (3) Non - commercial Greenhouses and Conservatories
4.053(4) Recreational Facilities Swimming pool, tennis courts and other recreational facilities
which are operated for the enjoyment and convenience of the residents of the principal
use and their guests.
4,053 (5) Storage Sheds Tool houses, sheds and similar buildings for storage of domestic
supplies and non - commercial recreational equipment.
,053 (6) Boarding Rooms ooms Boarding or renting of rooms to not more than one person.
................. ..........................(Code 072684)
4-85 072684
4M53 (7) Accessory Antennas Accessory antennas in conformance with §4.032(3)0) of this
Code.
.............. ............................... (Ord. 97 -4)
4.05 (8) Sians Signs in compliance with applicable sections of this Code.
4.054 Conditional Uses, R -1 . The following are conditional uses in an "R -1" District. (Requires
conditional use permit based upon procedures set forth in and regulated by Section 4.20 and
screening as regulated in Section 4.033)
4.054 (1) Public Educational and Religious Buildings Public or semi- public recreational
buildings and neighborhood or community centers; public and private educational
institutions limited to elementary, junior high and senior high schools; and religious
institutions such as churches, chapels, temples and synagogues provided that:
4.0:54(1) (a) Side Yards Side yards shall be double that required for the district, but no
greater than thirty feet.
4.054(1) (b) Parkin . Adequate off - street parking and access is provided on the site or on lots
directly abutting directly across a public street or alley to the principal use in
compliance with Section 4.036 and that such parking is adequately screened and
landscaped from surrounding and abutting residential uses in compliance with
Section 4.033 (4).
4.054(1) (c) Off -Street Loading Adequate off -street loading and service entrances are
provided and regulated where applicable by Section 4.037.
4.054(2) Recreational Commercial outdoor recreational areas including golf courses and club
house country clubs, swimming pools and similar facilities provided that:
4..054(2) (a) Outdoor The principal use, function or activity is open, outdoor in character.
4.054(2) (b) Limited Structures Not more than five percent of the land area of the site be
covered by buildings or structures.
4.054(2) (c) Area The land area of the property containing such use or activity meets the
minimum established for the district.
4 M54 (3) Government and Utility Building Governmental, publicly regulated communications,
and public utility buildings and structures necessary for the health, safety and general
welfare of the community, provided that:
1.054(3) (a) Compatibility and Setbacks Conformity with the surrounding neighborhood is
maintained and required setbacks and side yard requirements are met.
4.054(3) (b) Equipment Enclosed Equipment is completely enclosed in a permanent structure
with no outside storage.
4. t )54 (4) PUD, Residential Residential planned unit development as regulated by Section 4.19
of this Code.
4-86 072684
4,054 (5) Cemeteries Cemeteries platted after July 5, 1979, provided that:
4.051(5) (a) Platting Required The cemetery must be platted under the Platting Code of the
City.
4.054(5;) (b) Area The overall site does not contain more than twenty -five acres.
4.054(5) (c) Access The site accesses on a minor or principal arterial only.
4.1)54 (5) (d) Comprehensive Plan The applicant has applied for a comprehensive plan
amendment and said amendment has been processed and approved in accordance
with applicable state statutes.
............ ............................... (Code 072684)
4,054(6) Day. Care Facility A state licensed facility, serving thirteen or more people, provided
that:
1.05.4(6) (a) Accessory Use The day care facility is an accessory use of a building used for
educational or religious purposes as permitted by and in compliance with section
4.054(1) of this Code.
4.054(6) (b) Hours of Operation The facilities operating hours are limited to the period of
6:30 a.m. to 6:30 p.m.
4.05 4(6) (c) Front Yard Set -Back The front yard set -back is a minimum of thirty (30) feet.
1.05,:1(6) (d) Off - Street Parking Adequate off - street parking and access is provided in
compliance with Section 4.036 of this Code.
4.054(.6) (e) Off - Street Loading Adequate off - street loading and service entrances are
provided in compliance with Section 4.037 of this Code.
4.15 4(6) (f) Outdoor Plav Area Outdoor play areas are landscaped and screened from
abutting residential properties in compliance with Section 4.033(3) of this Code.
4.051(6) (g) Street Access The site and related parking and service is served by an arterial
or collector street of sufficient capacity to accommodate the traffic which will be
generated.
4.054(6) (h) Suns All signing and information or visual communication devices is in
compliance with Section 3.464(1)(d) of this Code.
=1.054(6) (i) General Conditional Use Requirements The provisions of Section 4.21 through
4.212(6)(c) of this Code are satisfactorily met.
4.054(6) 0) State Regulations The regulations and conditions of Minn. Rules Parts
9545.0510 through 9545.0678 as adopted and amended are satisfactorily met. No
facility shall begin operation without a state license as required by the regulations
referred in this sub - section 0).
4.05.1(6) (k) Building and Fire Codes That all applicable provisions of the Minnesota State
Building Code and Fire Code have all been met. That the City Building Official
and Fire Marshall shall inspect the property prior to the issuance of the
4-87 072684
conditional use permit to determine if this subsection of this Code has been
complied with.
........... ............................... (Ord. 85 -7)
4.054 () Earth Sheltered Homes
4.054(7) (a) Purpose The regulation of earth sheltered homes is intended to insure their
harmony and compatibility as single family detached dwelling units with
neighboring conventional residential development.
4.054(7) (b) All construction and use of earth sheltered homes as defined by Minn. Stat.
1167.06, Subd. 2, as may be amended, shall require a conditional use permit. A
conditional use permit shall be processed according to section 4.20 through 4.233
of this Code and may be granted provided that:
4,054(7)(b) (i) Construction meets all standards of the Minnesota State Uniform
Building Code.
4.054(7)(b) (H) All lot area and setback standards of this Code are met.
4,054(7)(b)(iii) The provisions of Section 4.212 of this Code are considered and
satisfactorily met.
.... ............................... (Ord. 85 -21)
4-88 072684
4.06 "R -2" SINGLE AND TWO FAMILY RESIDENTIAL DISTRICT
4.061 Purpos e. The purpose of the "R -2" Single and Two Family Residential District is to provide
for low density one and two unit dwellings and directly related, complementary uses.
4.062 Permitted Uses R -2 . The following are permitted uses in a "R -2" District:
4,062 (1) Less Intensive Use District All permitted uses allowed in an "R -1" District.
4.062 (2) Two Family Two family dwelling units.
4.063 Accessory Uses Permitted, R -2 . The following are permitted accessory uses in a "R -2"
District:
4,063 (1) Less Intensive Use District All accessory uses as allowed in an "R -1" District.
4.064 Conditional Uses, R -2 . The following are conditional uses in a "R -2" District: (Requires a
conditional use permit based upon procedures set forth in and regulated by Section 4.20)
4,064 (1) Less Intensive Use District All conditional uses and subject to the same conditions
as required in an "R -1" District.
4,0 (2) Deleted
..... ............................... (Code 072684, Ord. 85 -2)
4.07 "R -3" MEDIUM DENSITY RESIDENTIAL DISTRICT
4.071 Purpose The purpose of the "R -3" Medium Density Residential District is to provide for
medium density housing in townhouses and multiple family structures and directly related
complementary uses.
4.072 Permitted Uses, R -3 . The following are permitted uses in an "R -3" District:
4.072 (1) Two Family \Multiple Family Two family and multiple family dwelling structures
containing twelve or less dwelling units.
............. ............................... (Ord. 96 -25)
4.072(2) Boarding Houses Boarding houses limited to not more than ten resident persons.
4,072 (3) Deleted
.......... ............................... (Ord. 84 -3, 85 -2)
4.072 (4) Day Care Facility A state licensed facility serving thirteen to sixteen persons.
.......... ............................... (Ord. 84 -3, 85 -2)
4.072(5) Public Parks and Playgrounds
4,072(6) Essential Services (See definition).
.............. ............................... (Ord. 84 -3)
, 1.072 (7) Deleted
............. I ................... (Ord. 84 -3, 84 -16, 85 -1, 85 -2)
4-89 072684
4.073 Accessory Uses, R -3 . The following are permitted accessory uses in an "R -3" District:
4.073(l) Less Intensive Use District All permitted accessory uses allowed in an "R -2"
District.
4.073 (2) Off - Street Loading
4.074 Conditional Uses, R -3 . The following are conditional uses in an "R -3" District (Requires a
conditional use permit based upon procedures set forth in and regulated by Section 4.20 and
4.036, Parking; 4.037, off- street loading):
4 074 (1) Less Intensive Use District All conditional uses, subject to the same conditions,
allowed in an "R -2" District.
............ ............................... (Code 072684)
4.07.1. (2) Day Care A state licensed facility, serving seventeen or more persons, provided that:
4.074(2) (a) Front Set Back The front yard depth is a minimum of thirty feet.
4.074(2) (b) Off - Street Parking Adequate off - street parking and access is provided in
compliance with Section 4.036 of this Code.
4.074(2) (c) Off - Street Loading Adequate off - street loading and service entrances are
provided in compliance with section 4.037 of this Code.
4.074(2) (d) Street Access The site and related parking and service is served by an arterial
or collector street of sufficient capacity to accommodate the traffic which will be
generated.
4.)074(2) (e) General Conditional Use Requirements The provisions of section 4.21 through
4.212(6)(c) of this Code are satisfactorily met.
4.07x1(2) (f) State Regulations The regulations and conditions of Minn. Rules Part 9545.0510
through 9545.0670 are satisfactorily met. No facility shall begin operation
without a state license as required by the regulations referred to in this sub - section
(f)
4.074(2) (g) Building and Fire Code That all applicable provisions of the Minnesota State
Building Code and Fire Code have been met. That the City Building Official and
Fire Marshall shall inspect the property prior to the issuance of the conditional use
permit to determine if this sub - section of this Code has been complied with.
4,074 (3) Townhouses Townhouses as defined by Section 4.022 provided that the regulations
and requirements of Section 4.19 are satisfactorily completed and met.
4.074 (4) Group Care Facility A state licensed facility serving seven to sixteen persons
provided that the following conditions are met for the protection of the residents of the
facility:
4.0 "74(4) (a) The facility is licensed by the State of Minnesota and the operator of the facility
provides documentation of compliance with all applicable Federal, State,
Metropolitan and County regulations.
4-90 072684
4.074(1) (b) The facility is in compliance with and is maintained in accordance with the
Minnesota State Fire Code and Uniform Building Code.
4.074(4) (c) The facility is in compliance with all regulations as determined by the City
Director of Fire and Safety or his designated agent.
1.074(4) (d) The facility is not located within one thousand three hundred twenty feet of any
similar type use or care facility.
4.074€ 14€ 4) (e) The entrance of the facility is located within four hundred feet of a public transit
route and stop, and pedestrian access is available, or the operators provide a
transportation /access plan which is found acceptable by the City Council.
4.074(4) (f) The operation is subject to annual review and continual monitoring by the
Department of Fire and Safety and is found to be in compliance with all
applicable construction and operation regulations and standards.
.......... ............................... (Ord. 97 -20)
4.4)74(4 ) (g) The criteria as specified in Section 4.212 of this Ordinance are considered and
found to be satisfactorily met.
........... ............................... (Ord. 85 -2)
4-91 072684
4.08 "R -4" HIGH DENSITY RESIDENTIAL DISTRICT
4.081 Purpose The purpose of the "R -4" High Density Residential District is to provide for high
density residential uses, and directly related uses.
4.082 Permitted Uses, R -4 . The following are permitted uses in an "R -4" District:
4M82 (1) Less Intensive Use District All permitted uses allowed in an "R -3" District.
4,082(2) Club or Lodge without the Serving of Food or Beverage
4M2 (3) Multiple Family Dwellings
4.083 Accessory Uses Permitted, R -4 . The following are permitted accessory uses in an "R -4"
District:
4.083(l) Less Intensive Use District All permitted accessory uses as allowed in an "R -3"
District.
4.084 Conditional Uses, R -4 . The following are conditional uses in an "R -4" District: (Requires a
conditional use permit based upon procedures set forth in and regulated by Section 4.20 of this
Code, and compliance with Chapter 3, Signing, 4.036, Parking, and 4.037, Off - Street
Loading).
4,084 (1) Less Intensive Use District All conditional uses, subject to the same conditions, as
allowed in an "R -3" District.
4,084 (2) Nursing Homes Nursing homes, but not including hospitals, sanitariums or similar
institutions, provided that:
4.084(2) (a) Side Yards, Double Side yards are double the minimum requirements
established for this District and are screened in compliance with Section 3, 4.033
(3).
4.084( (b) Rear Yard Requirements Only the rear yard shall be used for play or
recreational areas. Said area shall be fenced and controlled and screened in
compliance with Section 4.033 (3).
4.084(2) (c) Street Access The site shall be served by an arterial or collector street of
sufficient capacity to accommodate traffic which will be generated.
4.084(2) (d) Permits and State Laws All state laws and statutes governing such use are
strictly adhered to and all required operating permits are secured.
4-92 072684
:l .084 (3) Apartment Density Bonus Except for elderly housing, a maximum of twenty percent
reduction in square feet of lot area per unit for multiple family dwellings of ten units
or more as required in Section 4.035 based upon the following bonus features and
square foot reduction:
Bonus Feature
Square Foot Reduction Per Unit
(a)
Construction Type two
100 square feet
construction.
(b)
Elevator Elevator serving each
50 square feet
floor.
(c)
Underground Parkin Two-
150 square feet
thirds of the required free parking
underground or with the principal
structure (not including attached
or detached garages).
(d)
Recreation, Indoor Indoor
50 square feet
recreation and social rooms equal
to twenty -five square feet per unit
or seven hundred fifty square feet
total, whichever is greater.
(e)
Recreation, Outdoor Major
20 square feet
outdoor recreational facilities such
as swimming pools, tennis courts
or similar facilities requiring a
substantial investment equaling at
minimum five percent of the
construction cost of the principal
structure.
(f)
Public Transit Transit service
50 square feet
available within three hundred
feet of entrance.
1.084 (4) Elderly Housing Elderly (Senior Citizen) housing provided requirements are met as
to procedure, 4.20; 4.036, Parking; 4.037, Off - Street Parking; 4.033 (3), Screening;
Chapter 3, Signing; and provided that:
4.084(4) (a) Age Limit Not more than ten percent of the occupants may be persons sixty
years of age or under (spouse of a person over sixty years of age or caretakers,
etc.)
5.08 (b) Public Transit The site of the main entrance of the principal use is served or is
located within four hundred feet of regular transit service.
4 (c) Age Certification Required To continue to qualify for the elderly housing
classification, the owner or agency shall annually file with the City Clerk and the
Building Official a certified copy of a monthly resume of occupants of such a
multiple dwelling, listing the number of tenants by age and clearly identifying and
4-93 072684
setting forth the relationship of all occupants sixty years of age or under to
qualified tenants, or to the building.
4 084(4) (d) Street Access The site of the principal use and its related parking is served by
an arterial or collector street.
4.084(4) (e) State Building Code The principal use structure is in compliance with the
Minnesota State Building Code.
4.084(8) (f) Elevators Elevator service is provided to each floor level.
4.084(4) (g) Open Space Useable open space as defined in Section 4.022 at a minimum is
equal to twenty percent of the gross lot area.
48 0 84(4) (h) Shopping Access ccess The site of the main entrance of the principal use is within four
hundred feet of commercial shopping development or adequate provision for
access to such facilities is provided.
4 084 (5) Height Exceeding_ 3 Floors Buildings in excess of three stories provided that
procedures of 4.20 are met and provided that:
4.084(5) (a) Suitability The site is capable of accommodating the increased intensity of use.
4.08 (b) Traffic The increased intensity of use does not cause an increase in traffic
volumes beyond the capacity of the surrounding streets.
4.084(5) (c) Utilities Public utilities and services are adequate.
4.084(5) (d) Added Set - Backs For each additional story over three stories or for each
additional ten feet above forty feet, front and side yard setback requirements shall
be increased by five feet.
4.084 (6) Group Care Facility A state licensed facility serving seventeen or more persons.
. (Code 072684, Ord. 85 -2)
4-94 072684
4.08A "R -5" SENIOR CITIZEN AND PHYSICALLY HANDICAPPED RESIDENTIAL HOUSING
4.08A1 Purpose The purpose of the "R -5" Senior Citizen and Physically Handicapped Citizen
Residential Housing District is to provide areas within the City which are particularly suitable
as to location and amenities for elderly and physically handicapped housing, and to limit the
development of such districts to this type of residential construction, and directly related
complementary uses.
.......... ............................... (Code 072684, Ord. 88 -19)
4.08A2 Permitted Uses Elderly (Senior Citizen) Housing which is a conditional use under 4.084 in
an R -4 District is the only permitted use in an R -5 District, provided however that all of the
conditions of Section 4.084(4).
.................... ............................... (Ord. 81 -1)
4.08A3 Conditional Uses, R -5
4,08A,3 (1) Nursing g omes Nursing homes, but not including hospitals, clinics, sanitariums or
similar institutions as defined by 4.022 (100) of this code provided that:
.08A3t I (a) Side Yards, Double Side yards are double the minimum requirements
established for this District and are screened in compliances with 4.033 (3)
of this code.
4.(;18.3(1) (b) Rear Yard Requirements Only the rear yard shall be used for recreational
areas. Said area shall be fenced and controlled and screened in compliance
with 4.033 (3) of this code.
M .08A 3(i) (c) Street Access. The site shall be served by an arterial or collector street of
sufficient capacity to accommodate traffic which will be generated.
4.118.3(1) (d) Permits and State Laws All state laws and statutes governing such use are
strictly adhered to and all required operating permits are secured.
4,08A3 (2) Adult Day Care A state licensed facility as defined in 4.022 (2) of this code provided
that:
4.08AR.2) (a) Front Set Back The front yard depth is a minimum of thirty feet.
4.08A3(2) 2) (b) Rear Yard Requirements Only the rear yard shall be used for recreational
areas. Said area shall be fenced and controlled and screened in compliance
with 4.033 (3) of this code.
4.08A3(-") (c) Off - Street Loading Loading and unloading of adult day care participants
shall take place in an area designated solely for that purpose.
1.08M(2) (d) Street Access. The site and related parking and service is served by an
arterial or collector street of sufficient capacity to accommodate the traffic
which will be generated.
4.08A3(2) (e) Permits and State Laws All state laws and statutes governing such use are
strictly adhered to and all required operating permits are secured.
............. ............................... (Ord. 88 -14)
4-95 072684
4,08A3 (3) Physically Handicapped Housing as defined in Section 4.022 (109a) of this code
provided that:
4.(,)8A3(3,) (a) Every dwelling unit, including entrances and exits throughout the common
area of the structure, shall be handicapped accessible per the Minnesota State
Building Code.
4.O8A3(3) (b) Usable open space as defined in Section 4.022 shall be at a minimum equal
to twenty percent of the gross lot area.
4.08A3(3) (c) Landscaping shall be provided per Section 4.033(4)(b) of this code.
4.08A3(3) (d) The main entrance of the principal building shall be served or located within
four hundred feet of regular public transit service.
4.08xA3(3) (e) All trash enclosures shall be fully screened and handicapped accessible.
4.08A:3(3) (f) One unit per building may be designated for a non - handicapped caretaker.
4.08:A3(3) (g) Physically handicapped housing shall be architecturally compatible with
surrounding uses in the area as to exterior design and construction materials.
............. ............................... (Ord. 88 -19)
4.08A4 Conditional Accessory Uses The following commercial uses shall be allowed as conditional
accessory uses to Senior Citizen and Physically Handicapped Housing and Nursing Homes. It
is the intent of this section that said uses primarily serve and benefit the residents of said
facilities:
4.08A4 (1) Financial Institutions.
4.08A4 (2) Barber /Beauty Shop.
4.08A4 (3) Limited Retail Sales.
4.08A4 (4) Newsstand.
4.08A4 (5) Pharmacy.
4.08A4 (6) Performance Standards. All conditional accessory uses listed herein shall conform to
the following provisions:
4.08A4(6) (a) Location. All uses shall be located completely within the principal structure
of the residential facility.
4.08A4(6) (b) Access. No separate exterior entrance or exit shall be allowed for any
accessory use(s).
4.08A4(6) (c) Signage. No exterior signage of any type shall be allowed for accessory
use(s).
4.08:14((x) (d) Size. Any individual conditional accessory use shall not exceed five hundred
(500) square feet of gross floor area. All combined commercial accessory
4-96 072684
uses within a single building shall not exceed two thousand (2,000) square
feet gross floor area.
4.08A4(6) (e) Hours. No accessory use shall be open for operation between the hours of
9:00 P.M. and 8:00 A.M.
4.08A4(6) (f) Parking. Sufficient parking for the commercial use(s) shall be provided in
accordance with Section 4.036 of this Code.
............. ............................... (Ord. 89 -21)
4-97 072684
4.09 "R -O" RESIDENTIAL - OFFICE DISTRICT
4.091 Purpose The purpose of the "R -O" Residential- Office District is to provide for high density
residential use and for the transition in land use from mid- density residential to low intensity
business allowing for the intermixing of such uses.
....................... ..........................(Code 072684)
4.092 Permitted Uses, R -0 . The following are permitted uses in the R -0 District:
4,092(l) Less Intensive Use District All permitted uses allowed in an R -4 District.
................ ............................... (Ord. 91 -17)
4.093 Permitted Accessory Uses, R -O . The following are permitted accessory uses in an "R -O"
District:
4,093 (1) Less Intensive Use District All permitted accessory uses allowed in an "R -4"
District.
4.094 Conditional Uses R -O . The following are conditional uses in an "R -O" District: (Requires
a Conditional Use Permit based upon procedures set forth in and regulated by Section 4.20, and
compliance with 4.036, Parking; 4.037, Off - Street Loading; Chapter 3, Signing)
4.094 (1) Less Intensive Use District All conditional uses, subject to the same conditions, as
allowed in an "R -4" District.
4.094 (2) Medical; Professional and Commercial Hospitals, medical offices and clinics, dental
offices and clinics, veterinarian clinics when completely enclosed, professional offices
and commercial offices and funeral homes and mortuaries provided that:
4.014(2) (a) Street Access The site and related parking and service entrances are served by
an arterial or collector street of sufficient capacity to accommodate the traffic
which will be generated.
4.094(2) (b) Traffic Flow Vehicular entrances to parking or service areas shall create a
minimum of conflict with through traffic movement.
4.094(2) (c) Buffers When abutting an "R -1 ", "R -2 ", "R -3 ", or "R -4" District, a buffer area
with screening and landscaping in compliance with Section 4.033 (3) shall be
provided.
4,094 (3) Parkin . Parking facilities for adjacent commercial or multiple dwelling (Requires a
Conditional Use Permit based upon procedures in 4.20, and compliance with 4.036,
Off - Street Parking; 4.033 (3), Screening).
4.094(3) (a) Excess of Requirements for Principal Use Such parking is in excess of that
required on the lot upon which the principal use is located.
4.094(3) (b) Street Access The site of the principal use and its related parking is served by
an arterial or collector street of sufficient capacity to accommodate the traffic
which will be generated.
4-98 072684
4.09 $ (4) Retail Commercial Retail commercial activities provided that:
4.0944) (a) Sales at Retail Merchandise is sold at retail.
4. (b) Principal Use The retail activity is located within a structure whose principal use
is not commercial sales.
t. %)� 4(4) (c) Area The retail activity shall not occupy more than fifteen percent of the gross
floor area of the building.
.094k4) (d) Not in Residential The retail activity is not located within a structure whose
principal use is residential.
4.094(4) (e) Additional Signing Requiremen No directly or indirectly illuminated sign or
sign in excess of ten square feet identifying the name of the business shall be
visible from the outside of the building, and no signs or posters of any type
advertising products for sale shall be visible from the outside of the building.
4.094 (5) Combined Residential and Non - Residential Buildings combining residential and
non - residential uses allowed in this District provided that:
-1.0 •4(5) (a) Separate Floors Residential and non - residential uses shall not be contained on
the same floor.
4.09 4(5) (b) Conflict of Uses The residential and non - residential uses shall not conflict in any
manner.
............................. I ..... (Code 072684, Ord 91 -17)
4-99 072684
4.10 "B -1" LIMITED NEIGHBORHOOD BUSINESS DISTRICT
4.101 Purpose The purpose of the "B -1" Limited Neighborhood Business District is to provide for
the establishment of local centers for convenient, limited office, retail or service outlets which
deal directly with the customer from whom the goods or services are furnished. These centers
are to provide services and goods only for the surrounding neighborhoods and are not intended
to draw customers from the entire community.
4.102 Permitted Uses, B -1 . The following are permitted uses in a "B -1" District:
4.102 (1) Repealed by Ord. 95 -13.
41 1,02 tk2 (2) Repealed by Ord. 95-13.
4.102 (3) Essential Services
............ ............................... (Code 072684)
4 102 (3A) Convenience Food Take- Out /Delivery Establishmen
.............. ............................... (Ord. 96 -4)
4,11112 (4) Convenience, Limited Merchandise, Grocery Stores (not SupermarketType)
4.102' (5) Cleaning Laundromat, Laundries, Dry Cleaning including self- service facilities.
Also dry cleaning pickup and laundry station, including incidental repair and
assembly.
A4. 102 (6) Antique shops
4.1112 (7) Art /school supplies, books, office stationery stores
x.1.102 (8) Bicycle sales /repair
4.112 (9) Candy, ice cream, ice milk, popcorn, nuts, frozen desserts, packaged snacks, sof
drinks
4.102 (10) Coin and philatelic stores
4,102 (11) Copy and printing service
4,102. (12) Fabric store
4.102 (13) Florist shop
4.102 (14) Gift or novelty ue
............ ............................... (Code 072684)
1.102 (14A) Government and Utility Buildings
.............. ............................... (Ord. 96 -4)
4.1112 (15) Hobby stores
4.102 (16) Locksmith
............ ............................... (Code 072684)
4-100 072684
4.:10 (16A) Professional and Commercial Offices
.............. ............................... (Ord. 96 -4)
4.102 (17) Toy stores
4.112 (18) Tailor shops
.102 (19) Record /compact disc /video stores sales and rental
X1.102. (20) Real estate sales
4.101(21) Camera /photographic supplies /processing
.... ............................... (Code 072684, Ord. 94 -02)
4. Rx2 (22) Outdoor Sales of Seasonal Farm Produce Subject to the permit requirements of
Chapter 8 of this Code.
.............. ............................... (Ord. 95 -9)
3.102 (23) Personal Services Subject to any licensing requirements of Chapter 8 of this Code or
County or State licensing requirements.
............. ............................... (Ord. 95 -13)
4.103 Permitted Accessory Uses, B -1 . The following are permitted accessory uses in a "B -1"
District:
4,103(t) Accessory Building Accessory building for commercial uses shall not exceed thirty
percent of the gross floor space of the principal building.
..... ............................... (Code 072684, Ord. 96 -4)
4,103 (2) Parking Off - street parking as regulated by Section 4.036.
:1.1 03 (3) Off - Street Loading Off - street loading as regulated by Section 4.037
4.103 (4) Sig s . Signs in compliance with Chapter 3.
1.10 3 (5) Pinball Machines Pinball machines as defined and licensed in Chapter 8 are
permitted as accessory uses in commercial establishments provided that the number
of devices does not exceed six in those establishments whose principal business is the
serving of food or beverage, or providing recreational or leisure time activities. Other
commercial establishments, including employee lounges and private clubs, may have
up to three machines.
............ ............................... (Code 072684)
4,1413 (6) Adult Uses - Accessory Subject to the regulations of §4.039C of this Code.
....................................... I.... (Ord. 92 -06)
4.10 (7) Personal Wireless Service Antennas Personal wireless service antennas in
conformance with §4.039D of this Code.
4,103 (8) Accessory Antennas Accessory antennas in conformance with §4.032(3)(j) of this
Code.
.............. ............................... (Ord. 97 -4)
4 -101 072684
4.104 Conditional Uses, B -1 . The following are conditional uses in a "B -1" District: (requires a
conditional use permit based upon procedures set forth in and regulated by Section 4.20, and
compliance with 4.033, Screening):
4,104(l) Drive - Through Service Windows A drive - through service window used in any
permitted or conditionally permitted business or use shall be allowed only if the
following additional criteria are satisfied:
4.1041(1) (a) Stacking Not less than 180 feet of segregated automobile stacking lane must be
provided for the service window.
4,104(1) (b) Traffic Control The stacking land and its access must be designed to control
traffic in a manner to protect the buildings and green area on the site.
4,104( 1) (c) Use of Street No part of the public street or boulevard may be used for stacking
of automobiles.
4.104(1) (d) Noise The stacking lane, order board intercom and window placement shall be
designed and located in such a manner as to minimize automobile and
communication noises, emissions and headlight glare as to adjacent premises,
particularly residential premises, and to maximize maneuverability of vehicles on
the site.
4.104(1) (e) Hours Hours of operation shall be limited as necessary to minimize the effect
of nuisance factors such as traffic, noise and glare.
........... ............................... (Ord. 96 -4)
x1.1.04 (2) PUD, Commercial Commercial planned unit development as regulated by Section
4.19.
. . .............................. (Code 072684, Ord. 96 -4)
41 1(: 1 (3) Restaurant A restaurant provided that:
4.10-40) (a) Street Access The establishment must have access to a collector or arterial
street.
4.1014(3) (b) Parking Requirements The establishment must have sufficient parking spaces to
comply with the requirements of section 4.036(10)(p) of this Code, but not less
than six spaces. The parking facilities must also comply with all other off - street
parking requirements required by section 4.036 of this Code.
4.1041(3) (c) Sanitation Requirement All food preparation, packaging, sale and delivery shall
be subject to regulation and approval by the City Sanitarian. The Sanitarian shall
provide specific written sanitary requirements for such establishments pursuant
to applicable state and county regulations.
4, t 4 (3) (d) Hours of Operation Hours of operation may be limited as necessary to minimize
the effect of nuisance factors such as traffic, noise and glare.
4.104(3) (e) Loading Berth Adequate space shall be provided on the site for a loading berth
to accommodate the parking and maneuvering of semi- trailers and shall comply
with the requirements of Section 4.037 of this Code.
...... ............................... (Ord. 94 -02, 96 -4)
4-102 072684
4 104 (4) Day Care Facility A state licensed facility, serving thirteen or more people provided
that:
4.104(4) (a) Off - Street Parkin Adequate off - street parking and access is provided in
compliance with Section 4.036 of this Code. The design and location of the
facility drop off area shall not interfere with internal site circulation.
4.104(4) (b) Off - Street Loadin Adequate off - street loading and service entrances are
provided in compliance with Section 4.037 of this Code. The loading area size
may be reduced or the requirement waived if the following conditions are met:
4.I04(4)(b) (1) The site cannot physically accommodate a loading berth to the size
required.
4.104(4)(b) (2) Semi - trailer truck deliveries will not occur at the site or all deliveries
will occur at a time that will not conflict with customer or employee
building access or parking demand.
4.1(l (4) (c) Outdoor Play Area Outdoor play areas are landscaped and screened from
abutting residential properties in compliance with Section 4.033(3) of this Code.
4.104(4) (d) Ste All signing, information or visual communication devices are in
compliance with Section 3.464(1) of this Code.
,104( I) (e) General Conditional Use Requirements The provisions of Section 4.21 through
4.212 (6)(c) of this Code are met.
4.104(4) (f) State Regulations The structure and operation shall be in compliance with State
of Minnesota Department of Human Services regulations and shall be licensed
accordingly.
................... ............................... (Ord. 98 -13)
4-103 072684
4.11 "B -2" RETAIL BUSINESS DISTRICT
4.111 Purpose The purpose of the "B -2" Retail Business District is to provide for low intensity,
retail or service outlets which deal directly with the customer for whom the goods or services
are furnished. The uses allowed in this district are to provide goods and services on a limited
community market scale and located in areas which are well served by collector or arterial
street facilities at the edge of residential districts.
4.112 Permitted Uses, B -2 . The following are permitted uses in a "B -2" District:
4.112(l) Less Intensive Use District All permitted uses as allowed in the "B -1" Limited
Neighborhood Business District.
4.1 12 (2) Banks (Without a Drive Throuah)
4,112(3) Electrical Appliance Stores
.............. ............................... (Ord. 96 -4)
4,112(4) Grocery Stores and Supermarkets
.................................... (Code 072684, Ord. 96 -4)
4.112 (5) Limited B -4 Uses All "B -4" uses that are not marked with an asterisk( *).
. . .............................. (Code 072684, Ord. No. 92 -13)
41 112 (6) Mortuary
.......... ............................... (Ord. No. 94 -02)
4. 112 O Restaurants (Without a Drive Through)
.............. ............................... (Ord. 96 -4)
4.113 Permitted Accessory Uses, B -2 . The following are permitted accessory uses in a "B -2"
District:
4.113 (1) Less Intensive Use District All permitted accessory uses as allowed in a "B -1"
District.
41 113 (2) (Repealed, Ord. 96 -4).
4.114 Conditional Uses, B -2 . The following are conditional uses in a "B -2" District: (Requires a
conditional use permit based upon procedures set forth in and regulated by Section 4.20, and
compliance with 4.036, Off -Street Parking and 4.037, Off - Street Loading; Chapter 3, Signing)
4.114 (1) Less Intensive Use District All conditional uses, subject to the same conditions as
allowed in the "B -1" District.
4.1 14 (2) (Repealed, Ord. 96 -4).
4, f- 14 (3) PUD Commercial Commercial planned unit development as regulated by Section
4.19.
............ ............................... (Code 072684)
4. 114 (4) Garden Novelty Stores With outdoor storage /sale areas subject to the following
conditions:
4-104 072684
4.114(4) (a) Outdoor storage /sales area(s) shall not exceed one hundred twenty -five (125)
percent of the gross floor area of the building.
4.114(4) (b) Outdoor storage /sales area(s) may be allowed in a front yard if a ten (10) foot
setback from public rights -of -way is provided, required fencing across front yards
shall be at least seventy -five (75) percent open for passage of air and light, and
said fencing does not exceed seven (7) feet in height.
4,114 (4) (c) Outdoor storage /sales area(s) shall be fenced around its periphery and must be
screened from residential zoning districts. The design and materials used in
constructing the required fencing /screening shall be subject to City Council
approval and constructed of premium quality materials such as masonry, brick,
quality wood(s) and /or metal(s), not including wire weave /chain link, barb wire,
or scrap metal materials.
4.114(4) (d) Outdoor storage /sales area(s) must be surfaced with concrete, bituminous, or
similar material to control dust and to provide a clean, attractive and usable
surface.
*1.114(4) (e) Outdoor storage /sales area(s) do not take up parking space necessary to meet the
requirements of this Code.
4.114(4) (f) All lighting shall be hooded and so directed that the light source shall not be
visible from the public right -of -way or from neighboring residences and shall be
in compliance with Section 4.033 (5) of this Code.
............................ (Code 072584, Ord. 92 -15, 96 -4)
4-105 072684
4.12 "B -3" AUTO - ORIENTED BUSINESS DISTRICT
4.121 Purpose The purpose of the "B -3" Auto - Oriented Business District is to provide for and limit
the establishment of motor vehicle oriented or dependent commercial and service activities.
4.122 Permitted Uses, B -3 . The following are permitted uses in a B -3 District:
4.122 (1) Auto Accessory Store
4.122 (2) Motor Vehicle and Recreation Equipment Sales and Garages Accessory Thereto
4..122 (3) Repealed by Ord. 95 -3.
4-.122 (4) Motels Motor hotels and hotels provided that the lot area contains not less than five
hundred square feet of lot area per unit of living quarters.
4.122(5) Restaurants Convenience Food, Drive -In Including restaurants with liquor, wine or
beer licenses obtained under Chap. 10 of this Code. Establishments with Drive -
Through services windows do require a conditional use permit as provided by Section
4.124 (3) of this Code.
.......... ............................... (Ord. 95 -9, 96 -4)
4.122 (6) Amusement Rides
4.122 O Outdoor Sales of Seasonal Farm Produce Subject to the permit requirements of
Chapter 8 of this Code.
...................... I...................... (Ord. 95 -9)
4.122(8) Personal Services Subject to any licensing requirements of Chapter 8 of this Code
or County or State licensing requirements.
....... ............................... (Ord 95 -13)
4.123 Permitted Accessory Uses, B -3 . The following are permitted accessory uses in a "B -3"
District:
4.12; (1) Less Intensive Use District All permitted accessory uses in a "B -2" District:
4.124 Conditional Uses, B -3 . The following are conditional uses in a "B -3" District: (Requires a
conditional use permit based upon procedures set forth in and regulated by Section 4.20, and
compliance with 4.033 (5), Lighting; Chapter 3, Signing; 4.033, Screening; 4.036, Parking;
4.037, Off - Street Loading.
4.124(l) Automobile Service Station Motor fuel station, auto repair minor and tire and battery
stores and service provided that:
4,124(1) (a) Safety Regardless of whether the dispensing, sale or offering for sale of motor
fuels and /or oil is incidental to the conduct of the use or business, the standards
and requirements imposed by this Code for motor fuel stations shall apply. These
standards and requirements are, however, in addition to other requirements which
are imposed for other uses of the property.
4.1 24(1) (b) Compatibility The architectural appearance and functional plan of the building
and site shall not be so dissimilar to the existing buildings or areas to cause
4-106 072684
impairment in property values or constitute a blighting influence within a
reasonable distance of the lot.
s4. 124(1) (c) Surfacing The entire site other than that taken up by a building, structure or
plantings shall be surfaced with a material to control dust and drainage which is
subject to the approval of the City.
4.1241(1 t (d) Area A minimum lot area of twenty -two thousand five hundred square feet and
minimum lot dimensions of one hundred fifty feet by one hundred thirty feet.
°4.1'2 (11 (e) Drainage A drainage system subject to the approval of the City shall be
installed.
4.1240 ) (f) Curbing A curb not less than six inches above grade shall separate the public
sidewalk from motor vehicle service areas.
4.124(1) (g) Pump Islands Wherever fuel pumps are to be installed, pump islands shall be
installed.
- 8.124(: §) (h) Green Strip At the boundaries of a residential district, a strip of not less than
five feet shall be landscaped and screened in compliance with Section 4.033 (3).
4.124(1) (i) Lighting_ Landscaped Each light standard shall be landscaped.
<4.12 -40) 0) Stackin . Parking or car magazine storage space shall be screened from view of
abutting residential districts in compliance with Section 4.033 (3).
4.1240) (k) Vehicle Circulation Vehicular access points shall create a minimum of conflict
with through traffic movement.
1.124(1) (I) Noise Provisions are made to control and reduce noise in accordance with the
Noise Control Section of this Code.
4.124(1)(m) Outside Storage No outside storage except as allowed in compliance with
Section 4.125 (3).
4.124(1) (n) Sales Limitations Sale of products other than those specifically mentioned in this
subdivision be subject to a conditional use permit and be in compliance with
Section 4.125.
........ ............................... (Code 072684)
=4.114(1 ) (o) Canopy Canopies located over pump islands shall be allowed as accessory
structures subject to the specifications set out in §4.032(3)(k) of this Code.
...................................... I.. (Ord. 94 -04)
-1,124 (2) Convenience Store with Gasoline Grocery and /or food operations, with Convenience
gas (no vehicle service or repair), provided that:
4.124(2) (a) Permitted Uses The retail sales involve uses or activities which are allowed in
a B -1, B -2, or B -3 District.
4.12 <4(2) (b) Take -Out Food Convenience /deli food is of the take -out type only and that no
provision for seating or consumption on the premises is provided. Furthermore,
4-107 072684
that the enclosed area devoted to such activity, use and merchandise shall not
exceed fifteen percent of the gross floor area.
4.124(2) (c) Sanitation That any sale of food items is subject to the approval of the City
Sanitarian who shall provide specific written sanitary requirements for each
proposed sale location based upon applicable State and County Regulations.
«1.124(2) (d) Licenses That the non - automotive sales shall qualify for and be granted an
annual food handling, retail sales license or other license, as circumstances shall
require, in addition to the Conditional Use Permit.
4., 124(2) (e) Area That the approximate area and location devoted to non - automobile
merchandise sales shall be specified in general terms in the application and in the
conditional use permit. Exterior sales shall be subject to a separate conditional
use permit.
4. 124(2) (f) Hours of Operation The hours of operation shall be limited to six o'clock a.m.
to twelve o'clock p.m., unless extended by the City Council.
4.124(2)(g) Motor Fuel Facilities Motor fuel facilities are installed in accordance with state
and city standards. Additionally, adequate space shall be provided to access gas
pumps and allow maneuverability around the pumps. Underground fuel storage
tanks are to be positioned to allow adequate access by motor fuel transports and
unloading operations do not conflict with circulation, access and other activities
on the site. -Fuel pumps shall be installed on pump islands.
......... ............................... (Code 072684)
4.124(2) (h) Canopy Canopies located over pump islands shall be allowed as accessory
structures subject to the specifications set out in §4.032(3)(k) of this Code.
. ............................... (Code 072684, Ord. 94 -04)
4.124(2) (i) Compatibility The architectural appearance and functional plan of the building
and site shall not be so dissimilar to the existing buildings or area as to cause
impairment in property values or constitute a blighting influence within a
reasonable distance of the lot. All sides of the principal and accessory structures
are to have essentially the same or a coordinated, harmonious finish treatment.
4.124(2) 0) Dust Control and Drainage The entire site other than that taken up by a building,
structure or plantings shall be surfaced with a material to control dust and
drainage which is subject to the approval of the City.
4.124(2) (k) Area A minimum lot area of twenty -two thousand five hundred square feet and
minimum lot dimensions of one hundred fifty feet by one hundred thirty feet. The
City Council may exempt previously developed or previously platted property
from this requirement provided that the site is capable of adequately and safely
handling all activities and required facilities.
4.124(°2) 0) Curb Separation A continuous and permanent concrete curb not less than six
inches above grade shall separate the public sidewalk from motor vehicles areas,
notwithstanding the provisions of 4.036 (4)(h)(xv).
4.124(2)(m) Landscaping At the boundaries of the lot, a strip of not less than five feet shall
be landscaped and screened in compliance with Section 4.033 (4) of this Code,
notwithstanding the provisions of 4.036(4)(h)(xv).
4-108 072684
4.124(2) (n) Light Standards Landscaped Each light standard shall be landscaped.
4.124(2) (o) Access Vehicular access points shall create a minimum of conflict with through
traffic movement, and shall be subject to the approval of the City.
4. E 21(2) (p) Pedestrian Traffic An internal site pedestrian circulation system shall be defined
and appropriate provisions made to protect such areas from encroachments by
parked cars or moving vehicles.
4.124(2) (q) Noise Noise control shall be as required in the Noise Control Section of this
Code.
4.1244 2) (r) Outside Storage No outside storage except as allowed in compliance with
Section 4.125 (3). An enclosed screened area is to be provided for rubbish and
dumpsters.
...........I ........ .......................(072684)
4.12= (3) Drive - Through Service Windows A drive - through service window used in any
permitted or conditionally permitted business or use shall be allowed only if the
following additional criteria are satisfied:
4,124(«) (a) Stacking Not less than 180 feet of segregated automobile stacking lane must be
provided for the service window.
4 £24( ) (b) Traffic Control The stacking lane and its access must be designed to control
traffic in a manner to protect the buildings and green area on the site.
4.1246) (c) Use of Street No part of the public street or boulevard may be used for stacking
of automobiles.
1 124(3) (d) Noise The stacking lane, order board intercom and window placement shall be
designed and located in such a manner as to minimize automobile and
communication noises, emissions and headlight glare as to adjacent premises,
particularly residential premises, and to maximize maneuverability of vehicles on
the site.
4. 1.24(3) (e) Hours Hours of operation shall be limited as necessary to minimize the effect
of nuisance factors such as traffic, noise and glare.
.............................. I ...... (Ord. 85 -22, 96 -4)
4.124(4) Car Washes Car washes (drive through, mechanical and self - service) provided that:
4.124(4) (a) Compatibility The architectural appearance and functional plan of the building
and site shall not be so dissimilar to the existing buildings or area as to cause
impairment in property values or constitute a blighting influence within a
reasonable distance of the lot.
4.124(4) (b) Stacking Magazining or stacking space is constructed, with screening, to
accommodate that number of vehicles which can be washed during a maximum
thirty minute period and shall be subject to the approval of the City.
4.124(4) (c) Lights Landscaped Each light standard island and all islands in the parking lot
landscaped and covered.
4-109 072684
4. 124(4) (d) Surfacing The entire area other than occupied by the building or plantings shall
be surfaced with material which will control dust and drainage which is subject
to the approval of the City.
4.1"2.1(4) (e) Drainage The entire area shall have a drainage system which is subject to the
approval of the City.
4.124(4) (f) Access Vehicular access points shall be limited, shall create a minimum of
conflict with through traffic movement and shall be subject to the approval of the
City.
4.124(4) (g) Noise Provisions are made to control and reduce noise in accordance with the
Noise Control provisions of this Code.
......... ............................... (Code 072684)
4.124 (5) Motor Vehicle Sales, Service, Leasing /Rental and Repair Motor vehicle
sales /leasing /rental, service and repair is allowed as a conditional use provided that:
4.124(5) (a) Required Uses The uses of motor vehicle sales /leasing /rental, service and repair
must all be provided on the subject property.
4,1240) (b) Same Site All customer- oriented uses associated with the business shall be on
the lot of principal activity or business and shall not be separated by a public
street, alley or other land use.
1.124(5) (c) Location The subject property must be accessible from a major or minor arterial
street as defined by the New Hope Comprehensive Plan.
4.124(5) (d) Compatibility The architectural appearance and functional plan of the building
and site shall not be so dissimilar to the existing buildings or area as to cause
impairment in property values or constitute a blighting influence within a
reasonable distance of the lot. All sides of the principal and accessory structures
are to have essentially the same or a coordinated, harmonious finish treatment.
4.124(:5) (e) Required Plan s . A detailed site plan, landscaping plan, and lighting plan shall be
required illustrating all existing and proposed buildings, outdoor sales and storage
areas, parking, loading and trash facilities, setbacks, landscaping, exterior lighting
and all other necessary information as determined by the City.
1.124(5) (f) Lot Standards The minimum lot area shall be one (1) acre. The minimum lot
width shall be one hundred (100) feet.
4.124(5) (g) Sales Area The outdoor automobile sales /leasing /rental area shall not be greater
than one and one -half times the gross floor area of the principal building. A
minimum of 280 square feet of sales /leasing /rental area per vehicle shall be
provided.
4.1 °24(5`) (h) Setbacks All parking areas, driveways, outdoor storage areas shall be at least
five (5) feet from all side and rear property lines. The area shall be landscaped
and screened in accordance with Section 4.033 (4) of this Code.
4. 124(5) (i) Front Yard /Display Area Outdoor motor vehicle sales /leasing /rental display area
may be permitted within the required front yard provided the following criteria
are met:
4 -110 072684
4,124(5)(i) (i) The outdoor sales /leasing /rental area does not exceed forty percent
(40 %) of the required front yard.
4,124(5)(i) (ii) The outdoor sales /leasing /rental display area shall not be less than ten
(10) feet from the front lot line.
41 124(5)(i)(iii) The required display area setback shall be curbed and landscaped to
prevent vehicle encroachment into the front yard and side yard setback
areas.
4i.1 4(5)(i) (iv) Front yard display area shall comply with the sales /leasing /rental area
per vehicle of subsection (g) above.
4.124(5)(i) (v) The front yard display area shall not be used for customer or employee
parking.
4.124(5)0) Outdoor Storage The outdoor storage of waste material, debris, refuse, damaged
vehicles, and junk vehicles parts and the like shall be contained within a
specifically defined area of the site no greater than 10 percent of the total site
area. Said area must be located in the rear yard and encompassed by a minimum
six (6) foot high screened security fence. Said fence must be accompanied by
landscape plantings along all sides which face adjoining properties. No outdoor
storage of any kind is allowed on the rooftop of any building on the site. Areas
intended for the storage of damaged vehicles that may result in the loss of motor
vehicle fluids (i.e., gasoline, oil, antifreeze, transmission fluid, battery acid, etc.)
shall be designed to prevent the infiltration or drainage of these fluids into area
soils or storm water runoff and prevent the deterioration of parking and storage
area surfaces.
4.124(5 ( k) Outdoor Repair The outdoor repair of motor vehicles or motor vehicle parts
anywhere on the property is prohibited.
4.124(5) (I) Parking In addition to the required parking for the principal use or activity, one
off - street parking stall for every one thousand square feet of outdoor motor
vehicle sales area shall be required. Areas used for outdoor sales shall be
separated from the required off - street parking stalls. The required off - street
parking shall not be used for outdoor sales or storage and shall be specifically
marked for customer or employee use.
4.124(5)(m) Striping All areas intended for customer vehicle parking or storage shall be
striped with white painted lines not less than four inches in width and shall be
maintained for legibility on a regular basis. The front yard sales /leasing /rental
display area need not be striped.
-1.124(5) (n) Curbing All parking areas, driveways, sales areas and outdoor storage areas
shall have a continuous perimeter concrete curb of not less than six inches in
height.
4.124(5) (o) Surfacing All parking area, driveway, sales area and outdoor storage area shall
be surfaced with bituminous or concrete material.
-1. 24.0) (p) Drainage The entire site shall have a drainage system which shall be subject to
City approval.
4-111 072684
4 124(5) (q) Lighting Shielded All lighting shall be hooded and so directed that the light shall
not be visible from the public right -of -way and so that no light or glare shines on
adjacent property, buildings or structures.
1.1241(5) (r) Noise Noise control shall be regulated by the noise control section of this Code.
4.124(5) (s) Trash Receptacle An enclosed trash handling facility shall be provided which
conforms with the following provisions:
4.1241(5)(s) (i) The exterior wall treatment shall be similar and /or compliment the
principal building.
4.124(5)(x) (ii) The enclosed trash receptacle shall be located in the rear yard.
4.124(5)(s) (iii) The trash receptacle must be in an accessible location for trash pick up
vehicles.
4.1.24(5)(s) (iv) The trash enclosure must be fully screened and landscaped from view of
adjacent properties and the public right -of -way.
4.124(5) (t) Accessory Buildings The principal use may have one (1) accessory building or
structure, no larger than thirty percent (30 %) of the floor area of the principal
building. Accessory buildings must be constructed of the same type of materials
as the principal building. Similar architectural treatment will be required on all
sides of the building.
41.124(5) (u) Si na e. A detailed signage plan in conformance with Section 3.40 of this Code
shall be submitted to the City for review and approval:
4.124(5)(u) (i) Promotional signage attached or affixed to an automobile is prohibited.
<1.124(5)(u) (ii) Banner, pennants, streamers and other temporary promotional signage
may be permitted in accordance with Section 3.441 of this Code.
4.124(5) (v) Flags If the American Flag is displayed in conjunction with this conditional use
permit, it must comply with the laws outlined in 36 USCS, Section 173 -176.
.......... ............................... (Ord. 89 -20)
4.124(6) Adult Uses - Principal Subject to the regulations of §4.039C and §4.20 of this Code.
............. ............................... (Ord. 92 -06)
4.125 Conditional Accessory Use, B -3 . Certain accessory uses are permitted in the B -3 District with
various limitations, and are conditional uses for purposes of this Code. The following are
conditional accessory uses under the limitations described:
4.125 (1) Automobile Service Station Additional Uses A building housing an automobile
service station as a principal use may include additional automobile service operations
as a permitted independent use provided:
4.125( 1 ) (a) Related Business The allied business shall be one providing direct service to the
maintenance of motor vehicles. An example in a separate business providing for
oil change service, or automotive engine repair.
4-112 072684
gig. 125(1) (b) Otherwise Authorized The additional use shall be a principal or conditional use
within the zoning district.
4.125(l) (c) Si_gnage Total signage for all businesses shall not exceed that permitted to a full
service automobile station and all signage erected shall be part of a coordinated
sign plan for the property.
4.125(1) (d) Other Code Requirements All provisions of the Zoning Code including, but not
limited to, parking, screening, landscaping, and exterior storage shall be met.
4_125 (2) Automobile Service Stations Subordinate Uses The retail sale of food, household
convenience items and sporting goods in automobile service stations if the sale of such
items is clearly subordinate to and accessory to the principal use of the site as an
automobile service station, provided, as conditions precedent to the issuance of a
conditional permit, the Council shall find:
4.125(2) (a) Subordinate Use That the proposed sale items are essentially subordinate to the
principal use of the site.
1.125(2) (b) Parking. That there are specific parking spaces above the regular requirements
for the automobile service station provided to assure parking for customers of the
accessory use.
4.125(2) (c) Sanitation That any sale of food items is subject to the approval of the City
Sanitarian who shall provide specific written sanitary requirements for each
proposed sale location, based upon applicable State and County regulations.
........... ............................... (Ord. 83 -7)
.1 23(2) (d) Licenses That the non - automotive sales shall qualify for and be granted an
annual food handling license and other licenses, as circumstances shall require,
in addition to the Conditional Use Permit.
...... ............................... (Ord. 83 -7, 96 -18)
4.123(2 Compatibility That granting the proposed conditional use will not interfere with
adjacent development, commercial or residential, because of spill -over parking,
access or traffic volume, and that such factors will not constitute a private or
public nuisance.
4.125(2) (f) Parking and Green Space That in addition to any parking or other requirements
for the non - automotive retail sales, the automobile service station shall maintain
all requirements for parking, storage, and green space as if it were the sole use
on the site.
........... ............................... (Ord. 83 -7)
4 125 (3) Open Storage, Accessory Open and outdoor storage is an accessory use under a
conditional use permit provided that:
&.12 1(3) (a) Open Storage Screened Full screening is supplied and maintained in
conformance with all applicable provisions of this Code.
4.125($) (b) Surfacing Storage area is grassed or surfaced to control dust, mud and to
provide a clean, attractive and usable surface.
4.125(3) (c) Parking Does not take up parking space as required for conformity to this Code.
4-113 072684
4.125 (4) Outdoor Sales and Services, Accessory Open or outdoor service, sale and rental is
an accessory use under a Conditional Use Permit provided that:
4.125(4) (a) Area Limit Outside services, sales and equipment rental connected with the
principal use is limited to thirty percent of the gross floor area of the principal
use.
4. 125(4) (b) Screened from Residential Outside sales areas are fenced or screened from view
of neighboring residential uses or an abutting "R" District in compliance with
Section 4.033 (3) of this Code.
4.125(4) (c) Lighting_ Shielded All lighting shall be hooded and so directed that the light
source shall not be visible from the public right -of -way or from neighboring
residences and shall be in compliance with Section 4.033 (5) of this Code.
4.125(4) (d) Surfacing Sales area is grassed or surfaced to control dust, mud and to provide
a clean, attractive and usable surface.
4.125(4) (e) Parking Does not take up parking space required for conformity to this Code.
4.125(5) Enclosed Sales and Service, Accessory Accessory, enclosed retail, rental or service
activity other than that specifically allowed as or permitted use or a separate
conditional use within this section provided that:
4.125(5) (a) Less Intensive Use District Such use is allowed as a permitted use in a "B -1" or
"B -2" District.
4.125(5) (b) Area Such use does not constitute more than thirty percent of the lot area and
not more than fifty percent of the gross floor area of the principal use.
......... ............................... (Code 072684)
4.125(6) Take -Out Service Window For restaurants as defined in Section 4.022 (120) of this
Code provided that the following requirements are satisfied in addition to all general
requirements for conditional use permits as follows:
4.125(6) (a) On -Site Order Boards Prohibited Outdoor on -site food order boards may not be
utilized by restaurants and are prohibited. Food orders delivered at the take -out
service window must be placed in person, or by telephone.
4.125(6) (b) Automobile Stacking Not less than ninety feet of segregated automobile stacking
must be provided for the service window.
1.125(11) (c) Traffic Control The stacking lane and its access must be designed to control
traffic in a manner to protect the buildings, green area, and other automobiles on
the site.
4.125(6) (d) Use of Street No part of the public street or boulevard may be used for stacking
of automobiles.
4.125(6)(e) Noise The stacking and window placement shall be designed and located in such
a manner as to minimize automobile and communication noises, emissions and
headlight glare as to adjacent premises, particularly residential premises, and to
maximize maneuverability of vehicles on the site.
4-114 072684
X1.1 5(6) (f) Hours Hours of operation may be limited as necessary to minimize the effect of
nuisance factors such as traffic, noise and glare.
4.125(6) (g) Sale of Alcohol Prohibited No on -sale or off-sale sale of alcoholic beverages
may be made through the take -out service window.
. ............................... I ........ (Ord. 86 -4)
4,125 (7) Sale of Propane or LP Gas Accessory To Automobile Service Station The sale of
propane or LP gas in automobile service stations as defined by 4.022(6) and (93) of
this Code, if the sale of such item is clearly subordinate to and accessory to the
principal use of the site as an automobile service station, provided as conditions
precedent to the issuance of conditional use permit, the Council shall find:
4.1'25(7) (a) Tank Location Storage tanks shall not be located within the required front yard.
Tanks shall be located not less than twenty -five (25) feet from any other property
line.
41 125(7) (b) Open Area Storage tanks shall be surrounded by twenty -five (25) feet of open
area. Storage of any kind is prohibited in said open area, except equipment
incidental to the storage tank. Approved parking areas must be setback ten (10)
feet from any storage tank.
4.125( (c) Setback from Building Storage tanks shall be setback from existing structures,
as outlined in the Uniform Fire Code, based on tank size.
4.125(7) (d) Circulation Storage tanks shall not interfere with the site circulation including,
but not limited to, parking, driveways, curb cuts and loading areas.
4.125(7;) (e) Screening Storage tanks shall be screened from view from public right -of -ways
and adjacent properties. Screening must be constructed in such a way as to
permit access by emergency vehicles and avoid interference with firefighting on
the site.
1.125(7) (f) Valves All filling valves of the storage tanks shall be enclosed and have locking
devices.
4.1250) (g) Tank Access Storage sites shall be accessible by service, customer, and
emergency vehicles. Access shall accommodate vehicles with a thirty (30) foot
wheel base.
, ;1. f 25(7) (h) Warning Signage A warning sign shall be required for every tank and shall be
placed in a conspicuous location directly on the tank indicating a supplier's name,
address, phone number, that highly dangerous and flammable material is stored
therein and that no smoking requirements must be observed or a sufficient
warning to that affect. Said signage may not exceed four (4) square feet nor may
it be used for advertising purposes.
1.125 (7) (i) Tank Size Storage tanks shall not exceed 1,000 gallon water capacity.
.......... ............................... (Ord. 88 -15)
4.125(8) Outdoor Dining, Accessory Outdoor dining as an accessory use for restaurants,
drive -in, and convenience food establishments, under a conditional use permit subject
to the following conditions:
4 -115 072684
4.125(8) (a) The applicant be required to submit a site plan and other pertinent information
demonstrating the location and type of all tables, refuse receptacles, and wait
stations.
41.125(8) (b) Access to the dining area be provided only via the principal building if the dining
area is a full service restaurant, including table waiting service.
4.125(8) (c) The size of the dining area is restricted to thirty (30) percent of the total customer
floor area within the principal structure.
4.125(8) (d) The dining area is screened from view from adjacent residential uses in
accordance with Section 4.033(3)(b) of this Code.
4.1:25(8) (e) All lighting be hooded and directed away from adjacent residential uses in
accordance with Section 4.033(5) of this Code.
4.125(8) (f) The applicant demonstrates that pedestrian circulation is not disrupted as a result
of the outdoor dining area by providing the following:
4.125(8)(1) (i) Outdoor dining area shall be segregated from through pedestrian
circulation by means of temporary fencing, bollards, ropes, plantings,
or other methods, and shall be subject to review and approval by the
City Council.
4.125(8)(1) (ii) Minimum clear passage zone for pedestrians at the perimeter of the caf6
shall be at least five (5) feet without interference from parked motor
vehicles, bollards, trees, treegates, curbs, stairways, trash receptacles,
street lights, parking meters, or the like.
4,115(8)(f) (iii) Overstory canopy of trees, umbrellas or other structures extending into
the pedestrian clear passage zone or pedestrian aisle shall have a
minimum clearance of seven (7) feet above sidewalk.
125(8) (g) The dining area is surfaced with concrete, bituminous or decorative paver to
provide a clean, attractive, and functional surface.
4.125(8) (h) A minimum width of thirty -six (36) inches shall be provided within aisles of the
outdoor dining area.
4.125(8) (i) Storage of furniture shall not be permitted on the sidewalk between November 1
and March 31. Sidewalk furniture that is immovable or permanently fixed or
attached to the sidewalk shall not be subject to the storage prohibition of this
section. However, any immovable or permanently fixed or attached furniture
must be approved as part of the site plan application provided for by §4.125(8)(a)
of this Code.
41 125(8) 0) No outside bar or cooking facility shall be established, only wait stations shall be
allowed.
4.125(8) (k) Additional off - street parking shall be required pursuant to the requirements set
forth in §4.036 of this Code based on the additional seating area provided by the
outdoor dining area.
4-116 072684
4.125(8) 0) Refuse containers are provided for self - service outdoor dining areas. Such
containers shall be placed in a manner which does not disrupt pedestrian
circulation, and must be designed to prevent spillage and blowing litter.
4.12 (8)(m) The operation is subject to approval of the City Sanitarian and compliance with
any written provisions he or she requires.
4.125(8) (n) Rooftop dining facilities shall be permitted provided they meet all applicable
conditions as listed herein and in addition:
4,125(8)(n) (i) Provide permanent walls of fencing around the periphery of the dining
area at a minimum height of 42 inches to ensure the safety of
persons /property.
,1- ?5(8)(W (ii) Any permanent structures, including divider walls, trellis work, etc. be
included as part of the building upon which they are located and are
subject to the building height limitations as specified in Section 4.033(1)
of this Code.
4,125(8)(n) (iii) The submitted plans for a rooftop dining facility as well as the building
upon which the proposed outdoor dining is to occur is subject to review
by the City Building Inspector. He /She will determine whether the
building is structurally capable of handling the additional weight of
persons and equipment.
.............. ............................... (Ord. 92 -5)
4-117 072684
4.13 "B -4" COMMUNITY BUSINESS DISTRICT
4.131 Purpose The purpose of the "B -4" Community Business District is to provide for the
establishment
of commercial and service activities which draw from and serve customers from
the entire community or sub- region.
4.132 Permitted Uses, B -4 . The following are permitted uses in a "B -4" District:
4.132 (1)
Less Intensive Use Districts All permitted uses in "B -1" and "B -2 ".
4;132 (2)
Antique Shops
4.132 (3)
Art/School Supplies Book, Office Supplies, Stationery Stores
4.132 (4)
Bicycle Sales/Repair
4.112 (5)
Candy, Ice Cream Ice Milk Popcorn Nuts Frozen Desserts Packaged Snacks, Soft
Drinks
4.132 (6)
Carpet Rugs and Tile and Other Floor Coverings
4.132 (7)
Coin and Philatelic Stores
4.1 32 (8)
Commercial and Professional Offices
4.1.32 (9)
Copy and Printing Service
4.132 (10)
Costume and Clothes Rental
4 132 (11)
Office Equipment Stores
• 4.132(12)
Enclosed Boat and Marine Sales
• 4.132 (13)
Dry - Cleaning Including Plant Accessory heretofore, Pressing and Repairing
4.132 (14)
Drug Store
4,132(15)
Employment Agencies
4.132 (16)
Florist Shop
4,132(17)
Furniture Stores
4.132 (18)
Furriers when Conducted only for Retail Trade, on Premises
• 4.132 (19)
Garden Novelty Store
4.1 32 (20)
Gift or Novelty Stores
1.132 (21)
Hobby Store
4.132 (22)
(Repealed, Ord.96 -4)
4-118 072684
41 132 (23)
4: 132 (24)
4.132(25)
4. 1,32 (26)
* Al 132 (27)
4.132 (28)
* 4.132 (29)
1.132 (30)
4.132(31)
&1.1:32 (32)
4.132 (33)
4 132 (34)
4.132 (35)
* 4.132(36)
X1.13 2 (37)
4,132 (38)
4.132(39)
4.1 32: (40)
:1.1.32 (41)
4,132 (42)
Locksmith
Meat Market but Not Including Locker Storage
Paint and Wallpaper Sales
Plumbing, Television, Radio, Electrical Sales and Such Repair
Theaters, not Outdoor Drive -In LM
Toy Stores
Custom Manufacturing and Repair
Tailor Shops
Jewelry Shops and Other Similar Uses
Travel Bureaus, Transportation, Ticket Offices
Variety Stores, 5110 Cent Stores, Stores of Similar Nature
Wearing Apparel
Banks, Savings /Loans, Credit Unions, Other Financial Institution
Public Garage/Parking Ramp
Record Shop
Real Estate Sales
Building Material Sales of Retail Nature in Totally Enclosed Building
Fabric Stores
Camera /Photographic Supplies
Restaurant and Convenience Food Establishmen
............. ............................... (Ord. 97-22)
8,132 (43) Off -Sale Liquor Stores
4.1332 (44) Medical
4.132(45) Sporting Goods Stores
4 A `.32 (46) Pet Shop s .
1.1.32 (47) Hardware Stores
............ ............................... (Code 072684)
4-119 072684
4.133 (48) Commercial Recreational Uses Not Exceeding 4,000 Square Feet in Area
.............. ............................... (Ord.96 -4)
4.132 (49) Pawn Shops
............... I............................. (Ord. 97 -3)
4.133 Permitted Accessory Uses, B -4 . The following are permitted accessory uses in a "B -4"
District:
4, 1,33 (1) Less Intensive Use District All permitted accessory uses in a "B -3" District.
4.134 Conditional Uses, B -4 . The following are conditional uses in a "B -4" District: (Requires a
conditional use permit based upon procedures set forth in and regulated by Section 4.20, and
conformance where applicable, with Chapter 3, Signing).
4,134(l) Less Intensive Use District All conditional uses, subject to the same conditions as
allowed in the B -2 Districts excluding any "B -2" conditional use listed as "permitted"
in "B -4".
................ ............................... (Ord. 98 -13)
4.134 (2) Planned Unit Development - Commercial Commercial planned unit development as
regulated by Section 4.19.
4.134 (3) Training Schools Training schools, provided that:
4.134(3) (a) As Principal Use The school is operated as an adjunct of the principal use to
provide training for the consumer, distributor or installer of the product, process
or service which is sold, distributed or manufactured under the principal use.
4.134(3) (b) Code Compliance Proof of compliance with City and State life and safety codes
is shown.
4.134(3) (c) Parkin . Adequate on -site parking is provided so that no customers, visitors or
employees are required to park outside the existing off - street parking areas of the
business as a result of the operation of the school.
4.134(4) Veterinarian Clinics When all facilities are totally enclosed, and procedures and
construction which will comply with the noise Regulation portion of this Code are
approved by the City.
4.134 (5) Deleted
....... ............................... (Code 072684, 85 -22)
4,1..jai (6) Commercial Recreation Facilities Commercial recreational facilities exceeding 4,000
square feet in area, provided that:
4.134(1) (a) Access The site of the proposed use has direct access to a minor arterial street
as defined in § 13.022(22) of this Code, without utilizing public streets of a lower
traffic handling classification to reach the minor arterial street, and
4.134(6) (b) Proximity to Residential The front entrance of the facility is not less than 150
feet, measured on a straight line, from the nearest property line of any R -1 or R -2
zoned property, or
........... ............................... (Ord. 95 -3)
4-120 072684
, i 3,4 (6) (c) Compatibility The primary recreational facilities are enclosed such that the
architectural appearance and functional plan of the building and site shall not be
so dissimilar to the existing buildings or areas as to cause impairment to property
values or constitute a blighting influence.
=1. i , 4(6) (d) Screening from Residential Parking areas shall be screened from view of
residential districts and shall be curbed with continuous concrete curbs not less
than six inches high above the parking lot or driveway grade, at the curb line.
4. 134(6) (e) Access Vehicular access points shall be limited and designed and constructed to
create a minimum of conflict with through traffic movement.
4,134(6') (f) Lighting Shielded All lighting shall be hooded and so directed that the light
source is not visible from the right -of -way or from a residential zone or use.
4.134(6) (g) Surfacing The entire area other than that occupied by buildings, structures or
plantings shall be surfaced with bituminous or concrete material which will
control dust and drainage. The material and grading shall be subject to the
approval of the City.
4 134(6) (h) Landscaping Landscaping shall be provided and the type of planting material and
the number and size of plants shall be subject to the approval of the City.
...... ............................... (Ord. 85 -32, 96 -4)
13 (7) Adult Uses - Principal Subject to the regulations of §4.039C and §4.20 of this Code.
............. ............................... (Ord. 92 -06)
4 -121 072684
4.14 "I -1" LIMITED INDUSTRIAL DISTRICT
4.141 Purpose The purpose of the "I -1" Limited Industrial District is to provide for the
establishment of industrial development in a well planned, residentially compatible setting.
4.142 Permitted Uses The following are permitted uses in an "I -1" District:
4,142 (1)
Radio and Television Antenna Farm
1,142 (2)
Research Laboratory
4.1 2 (3)
Trade School
4.14 (4)
Warehouses
4,142(5)
Essential Services
4.14 (6)
Governmental and Public Utility Buildings and Structure
4.142(7)
Building Materials Sales and Storage
4.14 (8)
Engraving, Printing and Publishing
4,14?. (9)
Medical, Dental and Optical Laboratories
4.1 142 (10)
Wholesale Business
. 14'2 (11) Manufacturing etc. The manufacturing, compounding, assembly, packaging,
processing, treatment or storage of products and materials.
4,142 (12) Automobile Major Repair
4.142 (13) Commercial Offices.
4, 142 (14) Cable TV . Limited scope production studio for franchised Cable TV company
allowing for production of community oriented cable television programming produced
by and for members of the community or commercial programming limited to
presentation on the cable system serving only New Hope and other member cities of
the Northwest Suburban Cable Communications Commission. Said use shall require
all antennae conform to height limits of Section 4.035. Additional antenna height may
be permitted by Conditional Use Permit pursuant to those procedures set forth and
regulated by Section 4.20. Notwithstanding Section 4.20, no Conditional Use Permit
shall be granted unless a public hearing is held and there is a finding that the additional
height is technically necessary to serve the New Hope area and that this additional
height will have no adverse effect on the area surrounding the studio.
.............. ............................... (Ord. 82 -7)
4.3 , 12 (15) Outdoor Sales of Seasonal Farm Produce Subject to the permit requirements of
Chapter 8 of this Code.
.................... I........................ (Ord. 95 -9)
4-122 072684
4.143 Permitted Accessory Uses The following are permitted accessory uses in an "I -1" District:
4_143 43 (1) Less Intensive District Use All permitted accessory uses as allowed in the "B -4"
District.
4,143(2) Eating Establishments Cafeterias, restaurants, cigar and candy counters, snack bars
and similar uses, provided such uses are primarily for the use of employees in the
immediate area.
............ ............................... (Code 072684)
1.143 (3) Open Outdoor Storage Open outdoor storage as a permitted accessory use provided
that:
4.143(30 (a) Accessory Use The open outdoor storage must be an accessory use, as defined
by Section 4.022 (1) of this Code, to a permitted or conditional principal use on
the site.
4.143(3) (b) Maximum Space The open outdoor storage area may not exceed twenty (20)
percent of the gross floor area of principal structure.
4. 143(3) (c) Setbacks The open outdoor storage area shall not be located within any front
yard or side yard abutting a public right -of -way. Open outdoor storage shall be
set back five (5) feet from all side and rear lot lines and shall not be located
within a utility or drainage easement.
4.143(3) (d) Surfacing The open outdoor storage area shall be surfaced to control dust.
1. ) 43( 3) (e) Fencing A wire weave /chain link security fence shall be required around the
open outdoor storage area in conformance with §4.033(3)(c) of this Code. Open
outdoor storage areas intended for the exclusive storage of semi - trailers may be
exempt from the required security fencing provided the storage area is delineated
and the individual trailers are secured.
4.14j30) (f) Screening /Landscaping The open outdoor storage area shall be screened and
landscaped from adjacent residential uses and public rights -of -way in accordance
with the provisions of Section 4.033 of this Code.
4. 1430") (g) Required Space The open outdoor storage area shall not utilize any required off -
street parking, loading areas, or access space, as required by Section 4.036 (6)(a)
and 4.037 (4) of this Code.
4.143(3) (h) Hazardous Materials The open outdoor storage area shall not be used for storage
of hazardous liquids, solids, gases or wastes. This provision does not prohibit the
property owner from obtaining a conditional use permit for the outdoor storage
of propane or LP gas per §4.144(12) of this Code.
41 143(3) (i) Refuse and Upkeep The property owner shall keep the open outdoor storage
areas free of refuse, trash, debris, weeds, and waste fill.
............... I............................ (Ord. 94 -17)
4.144 Conditional Uses The following are conditional uses in an "I -1" District: (Requires a
conditional use permit based upon procedures set forth in and regulated by Section 4.20 and
compliance with 4.033 (3), Screening, 4.033 (5) Shielding of Lights).
4 -123 072684
4.144 (1) Oven Outdoor Storage, Accessory Open outdoor storage as a conditional accessory
use, where the open outdoor storage area exceeds twenty (20) percent of the gross
floor area of the principal structure provided that:
4.1440) (a) Screening /Landscaping The open outdoor storage area is screened and
landscaped from adjacent residential uses and public right -of -way in compliance
with Section 4.033 (3) of this Code.
4.144(f) (b) Fencing A wire weave /chain link security fence shall be required around the
open outdoor storage area in conformance with §4.033(3)(c) of this Code. Open
outdoor storage areas intended for the exclusive storage of semi - trailers may be
exempt from the required security fencing provided the storage area is delineated
and the individual trailers are secured.
4.144(1) (c) Surfacing The open outdoor storage area is surfaced to control dust.
4.144(1) (d) Accessory Use The open outdoor storage must be an accessory use, as defined
by Section 4.022 (1) of this Code, to a permitted or conditional principal use on
the site.
4.144(1) (e) Setbacks The open outdoor storage area shall not be located within any front
yard or side yard abutting a public right -of -way. The open outdoor storage shall
be set back five (5) feet from all side and rear lot lines and shall not be located
within a utility or drainage easement.
4.1- (f) Required Space The open outdoor storage area shall not utilize any required off -
street parking, loading areas, or access space, as required by Section 4.036 (6)
(a) and 4.037 (4) of this Code.
4.144(1) (g) Hazardous Materials The open outdoor storage area shall not be used for storage
of hazardous liquids, solids, gases or wastes. This provision does not prohibit the
property owner from obtaining a conditional use permit for the outdoor storage
of propane or LP gas per §4.144(12) of this Code.
4.144(1) (h) Refuse and Upkeep The property owner shall keep open outdoor storage areas
free of refuse, trash, debris, weeds, and waste fill.
. ............................... (Code 072684, Ord. 94 -17)
4.144 (2) Outdoor Sales and Service, Accessory Open or outdoor service, sale and rental as
an accessory use provided that:
4.144(2) (a) Area limit Accessory outside service, sales and equipment rental connected with
a principal use is limited to thirty percent of the gross floor area of the principal
use.
4� 144(2) (b) Screened from Residential Outside sales areas are fenced or screened from view
of neighboring residential uses.
4.144(2) (c) Surfacing Sales area is grassed or surfaced to control dust.
4. 144 (3) Planned Unit Development, Industrial Industrial planned unit development as
regulated by Section 4.19 of this Code.
4 -124 072684
4� 144 (4) Schools, Specialty Schools such as gymnastic training which require building design
features (height, clear span roof, etc.) typically found in industrial buildings
exclusively, provided that:
41 144(4) (a) Hours. School may operate only between the hours of 6:00 a.m. to 10:00 p.m.
daily.
4.144(4) (b) Scheduling of Special Events All special events (exhibitions, etc.) must be
scheduled on night, weekend or holiday times so as to eliminate conflict with
daily work traffic and parking demand.
1.144(4) (c) Code Compliance Compliance with City and State life and safety codes.
- 1.1 44 (5) Schools, Training Training Schools, provided that:
1,144(; ) (a) Principal Use The school is operated as an adjunct of the principal use to
provide training for the consumer, distributor, or installer of the product, process
or service which is sold, distributed or manufactured under the principal use.
.144(15) (b) Code Compliance Proof of compliance with City and State life and safety codes
is clearly shown.
4.144(5) (c) Parkin Adequate on -site parking is provided so that no customers, visitors, or
employees are required to park outside the existing off - street parking areas of the
business as a result of the operation of the school.
41 144 (6) Retail Sales, Limited Retail sales of products manufactured or processed on the site.
81.144((1) (a) Area All sales are conducted in a clearly defined space meeting all requirements
for retail sales.
4.114(6) (b) Access The building where such use is located is one having access to at least
a collector level street, without the necessity of using residential streets.
4.144(6) (c) Hours Hours of operation are limited to 8:00 a.m. to 9:00 p.m.
, L 1 (7) Restaurants
4.144 (8) Motel
4. 144 (9) Commercial Recreation Facilities Commercial Recreation, provided that:
41 114(9) (a) Access The site of the proposed use has direct access to an arterial street as
defined in the City Code, without utilizing public streets of a lower traffic
handling classification to reach the arterial street, and
4.144(9) (b) Proximity to Residential The outside perimeter of the site, as legally described
is, 500 feet or more from the boundary of a residential zoning classification, or
4.144(9) (c) Compatibility The architectural appearance and functional plan of the building
and site shall not be so dissimilar to the existing buildings or area as to cause
impairment in property values or constitute a blighting influence.
4 -125 072684
4. 144(9) (d) Screening_ From Residential Parking areas shall be screened from view of
residential districts and shall be curbed with continuous concrete curbs not less
than six inches high above the parking lot or driveway grade, at the curb line.
4.144(9) (e) Access Vehicular access points shall be limited and designed and constructed to
create a minimum of conflict with through traffic movement.
4..144(9) (f) Lighting Shielded All lighting shall be hooded and so directed that the light
source is not visible from the right -of -way or from a residential zone or use.
4.144(9) (g) Surfacing The entire area other than that occupied by buildings, structures or
plantings shall be surfaced with a bituminous or concrete material which will
control dust and drainage. The material and grading shall be subject to the
approval of the City.
4. 1.44(9) (h) Landscaping Landscaping shall be provided and the type of planting material and
the number and size of plants shall be subject to the approval of the City.
4.144 (10) Solid Waste Transfer Stations
4.144(10) (a) Purpose The purpose of this section is to establish standards for the
development of energy resource recovery- Solid Waste Transfer facilities.
4.144(10) (b) General Provisions
4.1, 44 (10)(b) (i) Area The site must be five acres, or larger.
4.144(10)(b) (ii) Access The site shall not be more than one mile from a nine ton
roadway. Sites adjacent to County State Aid Highway No. 18, or
arterial streets, are to be preferred.
4.144(10)(b) (iii) Development The site development shall not require major slope
cutting, filling or off -site utility work.
4.1.44(1(1)(1.0 (iv) Ownership The site must be owned by Hennepin County or
privately held and currently for sale.
4.144(10)(b) (v) Traffic A thorough Traffic Analysis must be made of the existing
and anticipated impacts upon streets within the City of New Hope.
This study would be based upon the Goals and Objectives of the
1974 New Hope Transportation Plan. Development shall be
consistent with this Plan and shall be evidenced by the Traffic
Analysis.
4.144(,10)(b) (vi) Environmental The site must be well- buffered and have minimal
visual, activity, and noise impact on residences.
4.1 4(10)(b) (vii) Noise The site must be 1000 feet from the nearest residence and
well buffered from residential areas as to sound pollution, and shall
conform with the Noise Ordinance of the City of New Hope.
4.144(10)(b) (viii) Land Use The site development shall conform with the
Comprehensive Plan of the City of New Hope.
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4.144(10)(b) (ix) Water Quality The site development shall minimize impacts on
wetlands, streams, lakes and ponding areas.
4,1.44(l 0)(b) (x) Recreation The site development shall not conflict with existing
recreational facilities in the City.
4.144(10)(b) (xi) Public Hearing Comments and testimony of the public on the
proposed use of such a site will be heard and made available at one
or more, Public Hearings in the City.
......... I ...................... (Code 072684)
4. 1 (11) Self Storage (mini warehouse) Facilities Provided that:
4.144(11) (a) Green Space At least thirty five percent of the site is open, green space
which is sodded and intensely landscaped in accordance with a plan approved
by the City Council.
4.1 1) (b) Building Coverage Building coverage shall not exceed forty percent of the
lot area.
4.144(11) (c) Building Location No buildings shall be located closer than thirty -five feet
to each other to allow for parking, loading, driveway and fire lanes.
4.144(11) (d) Building Length No building shall be greater than one hundred fifty feet in
length.
4.144(11.) (e) Snow Storage Adequate space is provided for snow storage.
4.144(11) (f) Fire Hydrant All structures are to be within two hundred feet of a fire
hydrant.
4.1440 1) (g) Sprinkler Systems All storage buildings are to be equipped with dry
sprinkling systems which will be subject to review and approval of the City
Building Official and the City Director of Fire and Safety.
1.144(11) (h) Fire Alarm System Every 2,000 square feet of the storage structure is to be
separated by a fire wall and a complete and comprehensive fire alarm system
with smoke detectors shall be initiated in each structure subject to the review
and approval of the Director of Fire and Safety.
4.144(11) (i) Driveways and Parkin All driveways and parking areas are to be
hard (blacktop or concrete) surfaced and adequate turning radius for fire
truck maneuverability is to be maintained throughout the site. Designated
snow storage space is to be provided to insure adequate and safe access
during winter months.
4.144(11) (j) Caretaker Apartment If an "on- premises" caretaker dwelling unit is
provided on site, construction of said dwelling unit shall conform to all
design standard regulations for multiple family dwelling units of the
Minnesota State Building Code and the New Hope Zoning and Building
Code. The occupancy and minimum interior and floor area standards shall
be controlled by sections 3.353, 3.361, 3.362 and 4.035(6)(b) of this Code.
Off - street parking shall be made available for said dwelling unit in
conformance with section 4.036(10)(a) of this Code.
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4.144(l 1) (k) Building Appearance Any structures having exposure to an adjacent
residential use or public right -of -way, park, or similar public use areas shall
be of brick, natural stone, wood, or stucco facing material.
4.141(11) (1) Other Business Activity No retailing, wholesaling, manufacturing, repair,
or other such activity other than storage is to occur within the self storage,
mini warehousing facility.
....... ............................... (Ord. 85 -24)
C 141 (12) Outdoor Storage of Propane or LP Gas, Accessory Outdoor storage of propane or
LP gas shall be allowed as a conditional accessory use provided it is used exclusively
by the occupant of site where it is stored for a use incidental to said occupant's
business, it is not stored for wholesale or retail sale unless specifically permitted by
another section of this Code, and the following requirements are satisfied.
4.144(12) (a) Location All propane or LP gas outdoor storage tanks shall be located in the
rear yard not less than twenty -five (25) feet from any property boundary
lines. No tanks shall be permitted in the front yard and side yard abutting
public streets.
4.144 (1.2) (b) Open Area Storage tanks shall be surrounded by twenty -five (25) feet of
open area. Storage of any kind is prohibited in said open area, except
equipment incidental to the storage tank. Approved parking areas must be
setback ten (10) feet from any storage tank.
4.144(12) (c) Setbacks from Building Storage tanks shall be setback from existing
structures, as outlined in the Uniform Fire Code, based on tank size.
4.144(12)(d) Circulation Storage tanks shall not interfere with site circulation including,
but not limited to, parking, driveway, curb cuts and loading areas.
4.144(12) (e) Fencing A wire weave /chain link security fence shall be required around all
storage tanks. The location of the fence shall be as per the Uniform Fire
Code.
4.144(12) (f) Access Storage sites shall be accessible by service and emergency vehicles.
4.144(12) (g) Valves All filling valves of the storage tanks shall be enclosed and have
locking devices.
4.144(1.2) (h) Warning Signag_e A warning sign shall be required for every tank and shall
be placed in a conspicuous location directly on the tank indicating a supplier's
name, address, phone number, that highly dangerous and flammable material
is stored therein and that no smoking requirements must be observed or a
sufficient warning to that affect. Said signage may not exceed four (4)
square feet nor may it be used for advertising purposes.
................................ I..... (Ord. 88 -15)
4.144 (13) Adult Uses - Principal Subject to the regulations of §4.039C and §4.20 of this Code.
............. ............................... (Ord. 92 -06)
4.144 (14) Personal Wireless Service Antenna Towers Personal wireless service antenna towers
in conformance with §4.039D of this Code.
4-128 072684
. 44 (15) Commercial and Public Radio and Television Transmitting Antennas and Public Utility
Microwave Antennas and Related Antenna Towers Commercial and public radio and
television transmitting antennas and public utility microwave antennas and related
antenna towers in conformance with §4.039D of this Code.
... . ............... I......................... (Ord. 97 -4)
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4.145 Special Requirements for all Limited Industrial Uses
4,14,5(l) Lot Area In determining the minimum lot area requirement of one acre, the
contiguous dedicated streets shall be excluded.
(Code 072684, Ord. 97 -29)
41. 145 (2) Green Area At least twenty percent of the lot, parcel or tract of land shall remain as
a grass plot, including shrubbery, plantings or fencing, and shall be landscaped.
Required minimum green area should be emphasized in the front and side yards
abutting streets or residential property. The word "landscaped" means a controlled
surface and grade and plantings to allow a smooth surface flow and being under
continual maintenance for the preservation of scenic harmony.
........................ (Code 072684, Ord. 93 -04, 97 -29)
Fl .145 (3) Parking Lots The minimum setback for parking lots shall be twenty feet adjacent to
a residential district and ten feet adjacent to a non residential district.
4.145(4) Parking Lot Screening The parking lot in front of the building shall be screened from
the street and from adjoining property in the residential district in conformance with
the provisions of Section 4.033 (3).
......... ............................... (Ord. 94 -I5, 97 -29)
41. 145 (5) Landscaping Plans Detailed landscaping plans shall be submitted to City Council and
approved before a building permit may be obtained.
, 145 (6) Design Standards - Curb Cuts All off - street parking facilities shall be designed with
appropriate means of vehicular access to a street or alley as well as maneuvering area.
Curb cuts shall be placed at intervals of not less than one hundred fifty feet and no
curb cut shall be located within seventy -five feet of an intersection, as measured from
the driveway centerline along the edge of the traveled surface to the intersecting edge
of the traveled surface.
............. ............................... (Ord. 97 -29)
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4.15 "I -2" GENERAL INDUSTRIAL DISTRICT
4.151 Purpose The purpose of the "I -2" General Industrial District is to provide for the
establishment of heavy industrial and manufacturing development and use which because of the
nature of the product or character of activity requires isolation from residential or non-
compatible commercial uses. The "1 -2" District is also intended to provide for large scale
activities of a sociological nature not suited to other districts, but reasonably compatible with
the same characteristics suitable for General Industrial Use.
4.152 Permitted Uses The following are permitted uses in an "I -2" District:
4- (1) Less Intensive Use District Any use permitted in the "I -1" Limited Industrial
District.
4.153 Permitted Accessory Uses The following are permitted accessory uses in an "I -2" District:
4.153 (1) All permitted accessory uses allowed in an "1 -1" Limited Industrial District.
4.154 Conditional Uses - I -2 District The following are conditional uses in an "I -2" District:
(Requires a conditional use permit based upon procedures set forth in and regulated by Section
4.20).
4 154 (1) Less Intensive Use District All conditional uses allowed in an "I -1" Limited
Industrial District.
4.154 (2) Trucking Operation Truck terminals and major truck repair provided the site is
adjacent to an arterial street.
4.154(3) (3) Health and Social Services Private, non - profit social service organizations providing
broad based family and individual activities of a health, athletic and social nature,
provided the site is adjacent to an arterial street.
4,154 (4) Day Care Centers Group Day Care Centers operated in conjunction with a Health
and Social Services use which qualified under (3) above.
......... ............................... (Ord. 79 -11, 84 -3)
4.16 SHORELAND PERMIT OVERLAY DISTRICT (SP)
4.161 Policy and Application
•1.161 (1) Policy The uncontrolled use of shorelands in the City of New Hope affects the public
health, safety and general welfare not only by contributing to pollution of public
waters, but also by impairing the local tax base. Therefore, it is in the best interests
of the public health, safety and welfare to provide for the wise use and development
of shorelands of public waters.
4.161 (2) Statutory Authorization These shoreland regulations are adopted pursuant to the
authorization and policies contained in Minn. Stat. Chapter 103G, Minnesota
Regulations Parts 6120.2500 - 6120.3900, and the planning and zoning enabling
legislation in Minn. Stat. Chapter 462.
X1.161 (3) Jurisdiction The provisions of this Code shall apply to shorelands of the public water
bodies as classified in Section 4.167 of this Code. A body of water created by a
4 -131 072684
private user where there was no previous shoreland may, at the discretion of the
governing body, be exempt from this Code.
4 .16 9 (4) Compliance The use of any shoreland of public waters; the size and shape of lots; the
use, size, type and location of structures on lots; the grading and filling of any
shoreland area; and the cutting of shoreland vegetation shall be in full compliance with
the terms of this Code and other applicable regulations.
4.161 (5) District Application The "SP" Shoreland Permit Overlay District shall be
superimposed (overlaid) upon all the zoning districts as identified in Section 4.041 of
this Code as existing or amended by the text and map of this Code. The regulations
and requirements imposed by the "SP" Shoreland Permit Overlay District shall be in
addition to those established by the base zoning district which jointly apply. Under
joint application of the districts, the more restrictive requirements shall apply.
4.161 (6) District Boundaries The boundaries of the "SP ", Shoreland Permit Overlay District
within the City of New Hope consists of the first tier of riparian lots abutting a
protected lake or tributary identified in Section 4.162 of this Code. The specific
boundaries of the "SP ", Shoreland Permit Overlay District is shown on the New Hope
Zoning Map.
4.162 Shoreland Classification System
4.162 ( 1) Public Waters The public waters of New Hope have been classified below consistent
with the criteria found in Minnesota Regulations Part 6120.3300, and the Protected
Waters Inventory Map for Hennepin County, Minnesota.
4. 162 (2) Official Map The Shoreland Permit District for the waterbodies listed below shall be
shown on the New Hope Zoning Map.
4,162(3) Lakes
General Development Lakes
Protected Waters Inventory I.D. #
Northwood Lake
27 - 627P
Meadow Lake
27 - 57P
4.162(4) Rivers and Streams
Tributary Streams
Bass Creek
Bassett Creek - North Branch
4.163 Administration.
4.16 3 (1) Shoreland Permit Required A permit is required for the construction of buildings or
building additions (and including such related activities as construction of decks and
signs), and those grading and filling activities not exempted by this Code that occur
within the Shoreland Permit District. Application for a permit shall be filed with the
Zoning Administrator or any staff persons designated by the City Manager on an
official application form of the City, accompanied by a fee as set forth in Chapter 14
4 - 132 072684
of this Code. The application shall include the necessary information so that the
Zoning Administrator can determine the site's suitability for the intended use.
41.163(2) Certificate of Zoning Compliance The Zoning Administrator shall issue a certificate
of zoning compliance for each activity requiring a permit as specified in this Code.
Any use, arrangement, or construction at variance with that authorized by permit shall
be deemed a violation of this Code and shall be punishable as provided in this Code.
4.163 (3) Variance Variances may only be granted in accordance with Section 4.22 of this
Code. A variance may not circumvent the general purposes and intent of this Code.
No variance may be granted that would allow any use that is prohibited in the zoning
district in which the subject property is located.
When a variance is approved after the Department of Natural Resources has formally
recommended denial in the hearing record, the notification of the approved variance
required in subsection (5) below shall also include the Planning Commission and City
Council's summary of the public record /testimony and the findings of facts and
conclusions which supported the issuance of the variance.
4.16 3 (4) Conditional Use Permit Conditional Use Permits may only be granted in accordance
with Section 4.21 of this Code. A conditionally permitted use may not circumvent the
general purposes and intent of this Code. The following additional evaluation criteria
and conditions apply within shoreland areas:
4.163(4) (a) The prevention of soil erosion or other possible pollution of public waters, both
during and after construction.
1.16;(4) (b) The visibility of structures and other facilities as viewed from public waters is
limited.
4.163(4) (c) The types, uses, and numbers of watercraft that the project will generate are
compatible in relation to the suitability of public waters to safely accommodate
these watercraft.
X8.1 61 (5) Notifications to the Department of Natural Resources
4.163(5) (a) Public Hearings Copies of all notices of any public hearings to consider
variances, amendments, or conditional uses under local shoreland management
controls must be sent to the commissioner or the commissioner's designated
representative and postmarked at least ten days before the hearings. Notices of
hearings to consider proposed subdivisions /plats must include copies of the
subdivision /plat.
163O (b) Approval A copy of approved amendments and subdivisions /plats, and final
decisions granting variances or conditional uses under local shoreland
management controls must be sent to the commissioner or the commissioner's
designated representative and postmarked within ten days of final action.
4.164 Land Use District Descriptions
41 164 4 (1) Allowed Uses Allowed land uses within the Shoreland District shall be determined
by the underlying zoning district, as listed within Sections 4.05 through 4.15 of this
Code.
4 -133 072684
4.165 Lot Area and Width Standards Lot area and width standards for residential development shall
be regulated per the underlying zoning district. Said minimum requirements are as follows:
4.165(l) Residential:
*4,000 square feet in an R -3 District
4,165(2) Commercial and Industrial:
MEMEM,
Area Per Unit
Width
Single
9,500 s.f.
Limited Business
75 feet
Duplex
7,000 s.f.
Neighborhood Business
75 feet
Townhouse
5,000 s.f.
Residential Office
80 feet
Multiple Family
3,000 s.f.*
Retail Business
100 feet
Elderly Housing and /or
1,000 s.f.
Limited Industrial
100 feet
Physically Handicapped
150 feet
General Industrial
43,560 s.f.
*4,000 square feet in an R -3 District
4,165(2) Commercial and Industrial:
MEMEM,
Area Per Unit
Width
Limited Business
10,000 s.f.
80 feet
Neighborhood Business
10,500 s.f.
80 feet
Residential Office
15,000 s.f.
100 feet
Retail Business
43,560 s.f.
100 feet
Limited Industrial
43,560 s.f.
150 feet
General Industrial
43,560 s.f.
100 feet
4.166 Placement, Design, and Height of Structures
4.1 6 (1) Placement of Structures on Lots When more than one setback applies to a site,
structures and facilities must be located to meet all setbacks. Where structures exist
on the adjoining lots on both sides of a proposed building site, structure setbacks may
be altered without a variance to conform to the adjoining setbacks from the ordinary
high water level, provided the proposed building site is not located in a shore impact
zone or in a bluff impact zone. Structures shall be located as follows:
4. 166( l 1) (a) Required Setbacks All required rear yard, side yard and front yard setbacks shall
be met per the underlying zoning district.
4 -134 072684
4.166(l) (b) Ordinary High Water Level Setback Structure Setbacks (in feet) from the
Ordinary High Water Level.
Classes of Public Waters
Structure Setbacks
General Development
50 feet
Tributary
50 feet
4.166(1) (c) Required Bluff Setback The following setback shall be applied, regardless of the
classification of the waterbody:
41 161(l) (d) Bluff Impact Zones Structures and accessory facilities, except stairways and
landings, must not be placed within bluff impact zones.
41 166(1) (e) Height of Structures Maximum allowable height for all structures shall be as
follows:
District
Building Height
R -1
2 -1/2 stories
R -2
2 -1/2 stories
R -3
3 stories
R -4
4 stories
R -5
4 stories
R -0
3 stories
B -1
2 stories
B -2
3 stories
B -3
3 stories
B -4
3 stories
I -1
3 stories
I -2
3 stories
4.166 (2) Design Criteria for Structures
4,166(2) (a) High Water Elevations Structures must be placed in accordance with any
floodplain regulations applicable to the site. Where these controls do not exist,
structures must be placed at least three (3) feet above the highest known water
level, or two (2) feet above the ordinary high water level, whichever is higher.
4 -135 072684
1.166(2) (b) Water- oriented Accessory Structures Each lot may have one water - oriented
accessory structure not meeting the normal structure setback in subsection (1)
above if this water- oriented accessory structure complies with the following
provisions:
4.166(2)(b) (i) Each lot shall be limited to one (1) accessory building in addition to an
accessory garage.
4.166(2)(b) (ii) The structure or facility must not exceed fifteen (15) feet in height,
exclusive of safety rails, and cannot occupy an area greater than two
hundred fifty (250) square feet. Detached decks must not exceed eight
(8) feet above grade at any point.
4.166(2)(b) (iii) The setback of the structure or facility from the ordinary high water
level must be at least ten (10) feet.
4.1.66(2)(b) (iv) The structure or facility must be treated to reduce visibility as viewed
from public waters and adjacent shorelands by vegetation, topography,
increased setbacks or color, assuming summer, leaf -on conditions.
4.166(2)(b) (v) The roof may be used as a deck with safety rails but must not be
enclosed or used as a storage area.
4.166(2)(b) (vi) The structure or facility must not be designed or used for human
habitation and must not contain water supply or sewage treatment
facilities.
4 166(2)(b) (vii) As an alternative for general development and recreational development
waterbodies, water - oriented accessory structures used solely for
watercraft storage, and including storage of related boating and water -
oriented sporting equipment, may occupy an area up to four hundred
(400) square feet provided the maximum width of the structure is twenty
(20) feet as measured parallel to the configuration of the shoreline.
4.166(2) (c) Stairways, Lifts and Landings Stairways and lifts are the preferred alternative to
major topographic alterations for achieving access up and down bluffs and steep
slopes to the Shoreland Permit District areas. Stairways and lifts must meet the
following design requirements:
4.166(2)(c) (i) Stairways and lifts must not exceed four (4) feet in width on residential
lots. Wider stairways may be used for commercial properties, public
open -space recreational properties, and planned unit developments.
4.166(2)(c) (ii) Landings for stairways and lifts on residential lots must not exceed
thirty -two (32) square feet in area. Landings larger than thirty -two (32)
square feet may be used for commercial properties, public open -space
recreational properties, and planned unit developments.
4.166(2)(c) (iii) Canopies or roofs are not allowed on stairways, lifts, or landings.
4,166(2)(c) (iv) Stairways, lifts, and landings maybe either constructed above the ground
on posts or pilings, or placed into the ground, provided they are designed
and built in a manner that ensures control of soil erosion.
4-136 072684
4.166('2)(c) (v) Stairways, lifts, and landings must be located in the most visually
inconspicuous portions of lots, as viewed from the surface of the public
water assuming summer leaf -on conditions, whenever practical.
4.166(,2)(c) (vi) Facilities such as ramps, lifts, or mobility paths for physically
handicapped persons are also allowed for achieving access to shore
areas, provided that the dimensional and performance standards of
subitems (i) to (v) are complied with, in addition to the requirements of
Minnesota Regulations Chapter 1340.
4. 166(2) (d) Steep Slopes The Zoning Administrator must evaluate possible soil erosion
impacts and development visibility from public waters before issuing a permit for
construction of roads, driveways, structures, or other improvements on steep
slopes. When determined necessary, conditions must be attached to issued permits
to prevent erosion and to preserve existing vegetation screening of structures,
vehicles, and other facilities as viewed from the surface of public waters,
assuming summer, leaf -on vegetation.
4.166 (3) Shoreland Alterations Alterations of vegetation and topography will be regulated to
prevent erosion into public waters, fix nutrients, preserve shoreland aesthetics,
preserve historic values, prevent bank slumping, and protect fish and wildlife habitat.
4.166(3 ) (a) Vegetation Alteration Removal or alteration of vegetation is allowed subject to
the following standards:
4,166(3)(a) (i) Intensive vegetation clearing within the shore and bluff impact zones and
on steep slopes is not allowed.
4.166(.3)(a) (ii) In shore and bluff impact zones and on steep slopes, limited clearing of
trees and shrubs and cutting, pruning, and trimming of trees is allowed
to provide a view to the water from the principal dwelling site and to
accommodate the placement of stairways and landings, picnic areas,
access paths, beach and watercraft access areas, and permitted water -
oriented accessory structures or facilities provided that:
4.166(3)ka)(H) (1) The screening of structures, vehicles, or other facilities as
viewed from the water, assuming summer, leaf -on conditions,
is not substantially reduced.
4.166(3)(a)(ii) (2) Along rivers, existing shading of water surfaces is preserved.
4.166(3)(a)(ii) (3) The above provisions are not applicable to the removal of trees,
limbs, or branches that are dead, diseased, or pose safety
hazards.
4.166(3) (b) Construction Permit Grading and filling and excavations necessary for the
construction of structures and driveways under validly issued construction permits
for these facilities do not require the issuance of a separate shoreland grading and
filling permit.
4 166(3) (c) Shoreland Grading/Filling _ Permit Notwithstanding (b) above, a shoreland
grading and filling permit will be required for:
4 -137 072684
4.1.66(3)(c) (i) The movement of more than ten (10) cubic yards of material on steep
slopes or within shore or bluff impact zones; and
4,1,66(3)(c) (ii) The movement of more than fifty (50) cubic yards of material outside of
steep slopes and shore and bluff impact zones.
4.166 (3) (d) Conditions The following considerations and conditions must be adhered to
during the issuance of construction permits, shoreland grading and filling permits,
conditional use permits, variances and subdivision approvals:
4.1,66(3)(d) (i) Grading or filling in any type 2 -8 wetland must be evaluated to
determine how extensively the proposed activity would affect the
following functional qualities of the wetland (This evaluation shall also
include a determination of whether the wetland alteration being proposed
requires permits, reviews, or approvals by other local, state, or federal
agencies such as a watershed district, the Minnesota Department of
Natural Resources, or the United States Army Corps of Engineers):
4.166(3)(d)(i) (1) Sediment and pollutant trapping and retention.
4.166(3)(d)(i) (2) Storage of surface runoff to prevent or reduce flood damage.
4.166(3)(d)(i) (3) Fish and wildlife habitat.
4.166(3)td)(i) (4) Recreational use.
4.166(3)(d)(i) (5) Shoreline or bank stabilization.
4:166(3)(d)(i) (6) Noteworthiness, including special qualities such as historic
significance, critical habitat for endangered plants and animals,
or others.
4.166(3)(d) (ii) Alterations must be designed and conducted in a manner that ensures
only the smallest amount of bare ground is exposed for the shortest time
possible.
4.:166(3)(d) (iii) Mulches or similar materials must be used, where necessary, for
temporary bare soil coverage, and a permanent vegetation cover must be
established as soon as possible.
4.166(3)(d) (iv) Methods to minimize soil erosion and to trap sediments before they
reach any surface water feature must be used.
4. i 66(3)(d) (v) Altered areas must be stabilized to acceptable erosion control standards
consistent with the field office technical guides of the local soil and
water conservation districts and the United States Soil Conservation
Service.
4.166 (3)(d) (vi) Fill or excavated material must not be placed in a manner that creates an
unstable slope.
4,'I 6(3)(d) (vii) Plans to place fill or excavated material on steep slopes must be
reviewed by qualified professionals for continued slope stability and must
not create finished slopes of thirty (30) percent or greater.
4 -138 072684
4.166(3)(d) (viii) Fill or excavated material must not be placed in bluff impact zones.
4.1660)(4) (ix) Any alterations below the ordinary high water level of public waters
must first be authorized by the commissioner under Minn. Stat.
§103G.245.
4.166(3)(d) (x) Alterations of topography must only be allowed if they are accessory to
permitted or conditional uses and do not adversely affect adjacent or
nearby properties.
4 166(3)(d) (A) Placement of natural rock riprap, including associated grading of the
shoreline and placement of a filter blanket, is permitted if the finished
slope does not exceed three (3) feet horizontal to one (1) foot vertical,
the landward extent of the riprap is within ten (10) feet of the ordinary
high water level, and the height of the riprap above the ordinary high
water level does not exceed three (3) feet.
4. 166(3) (e) Connections to public waters Excavations where the intended purpose is
connection to a public water, such as boat slips, canals, lagoons, and harbors,
must be controlled by local shoreland controls. Permission for excavations may
be given only after the commissioner has approved the proposed connection to
public waters.
4,166(4) Stormwater Management The following general and specific standards shall apply:
4.16 (l) (a) General Standards
4 . 166( (i) When possible, existing natural drainageways, wetlands, and vegetated
soil surfaces must be used to convey, store, filter, and retain stormwater
runoff before discharge to public waters.
4.1660)(a) (ii) Development must be planned and conducted in a manner that will
minimize the extent of disturbed areas, runoff velocities, erosion
potential, and reduce and delay runoff velocities, erosion potential, and
reduce and delay runoff volumes. Disturbed areas must be stabilized and
protected as soon as possible and facilities or methods used to retain
sediment on the site.
=1.166(4)(a;) (iii) When development density, topographic features, and soil and vegetation
conditions are not sufficient to adequately handle Stormwater runoff
using natural features and vegetation, various types of constructed
facilities such as diversions, settling basins, skimming devices, dikes,
waterways, and ponds may be used. Preference must be given to
designs using surface drainage, vegetation, and infiltration rather than
buried pipes and man-made materials and facilities.
4 -139 072684
4 .1.66(4) (b) Specific Standards
4.166(4)(b) (i) Impervious surface lot coverage shall not exceed thirty five (35) percent
of the lot area, except as a conditional use, which shall comply with the
following standards:
4.:166(4)(b)(i) (1) All structures, additions or expansions shall meet setback and
other requirements of this Code.
4.166(4)(b)(i) (2) The lot shall be served with municipal sewer and water.
4.166(4)(b)(i) (3) The lot shall provide for the collection and treatment of storm
water in compliance with the City Surface Water Management
Plan if determined that the site improvements will result in
increased runoff directly entering a public water. All
development plans shall require review and approval by the
City Engineer and the underlying Watershed District.
4.166(4)(b)(i) (4) Measures to be taken from the treatment of storm water runoff
and /or prevention of storm water from directly entering a
public water. The measures may include, but not be limited to
the following:
4.166(4)(b)(()(4) (A) Appurtenances as sedimentation basins debris basins,
desilting basins or silt traps.
4.1.66(4)(b)(i)(4) (B) Installation of debris guards and microsilt basins on storm
sewer inlets.
4.166(4)(b)(i;)(4) (C) Use where practical, oil skimming devices or sump catch
basins.
4.166(4)(b)(i)(4) (D) Direct drainage away from the lake and into pervious,
grassed, yards through site grading, use of gutters and
down spouts.
4.166(4)(b)(i)(4) (E) Construction sidewalks and driveways of partially pervious
raised materials such as decking which has natural earth or
other previous material beneath or between the planking.
4.166(4)(b)(i)(4) (F) Use grading and construction techniques which encourage
rapid infiltration, e.g., sand and gravel under impervious
materials with adjacent infiltration swales graded to lead
into them.
4.166(4)(b)(i;)(4) (G) Install berms, water bars, or terraces which temporarily
detain water before dispersing it into pervious area.
4.166(4)(b) (ii) When constructed facilities are used for stormwater management,
documentation must be provided by a qualified individual that they
are designed and installed consistent with the field office technical
guide of the local soil and water conservation districts.
4-140 072684
.4. 166(4)(b) (iii) New constructed stormwater outfall to public waters must provide
for filtering or settling of suspended solids and skimming or surface
debris before discharge.
4.167 Nonconformities All legally established nonconformities as of the date of this section may
continue, but they will be managed according to Section 4.031 of this Code for the subjects of
alterations and additions, repair after damage, discontinuance of use, and intensification of use;
except that the following standards will also apply in shoreland areas:
4,167(l) Deck additions may be allowed without a variance to a structure not meeting the
required setback from the ordinary high water level if all of the following criteria and
standards are met:
=4.107(1) (a) The structure existed on the date the structure setbacks were established.
4.167(1 (b) A thorough evaluation of the property and structure reveals no reasonable location
for a deck meeting or exceeding the existing ordinary high water level setback
of the structure.
4,1 is 7 "4) (c) The deck encroachment toward the ordinary high water level maintain a minimum
setback to less than twenty -five (25) feet.
4.167(1,) (d) The deck is constructed primarily of wood, and is not roofed or screened.
............. . ............ . ................. I ... I......... (Ord. 98 -17)
4.17 FLOOD PLAIN DISTRICT (FP) The provisions of this Code pertaining to the Flood Plain District
are found in the Appendix as Appendix D, for reasons of administrative convenience only, and are
a part of the Zoning Code, and administered, interpreted and enforced as such.
4.18 WETLANDS DISTRICT (W) The provisions of this Code pertaining to the Wetlands District are
found in the Appendix as Appendix D, for reasons of administrative convenience only, and are a
part of the Zoning Code, and administered, interpreted and enforced as such.
4 -141 072684
4.19 PLANNED UNIT DEVELOPMENT DISTRICT (PUD)
4.191 Purpose and Intent The purpose of this section of the Zoning Code is to provide for the
grouping of land parcels for development as an integrated, coordinated unit as opposed to
traditional parcel by parcel, piecemeal, sporadic and unplanned approach to development. This
section is intended to introduce flexibility of site design and architecture for the conservation
of land and open space through clustering of buildings and activities. It is further intended that
Planned Unit Developments are to be characterized by central management, integrated planning
and architecture, joint or common use of parking, maintenance of open space and other similar
facilities, and harmonious selection and efficient distribution of uses.
4.191 (1) Application All permitted, permitted accessory, or conditional uses contained in
Sections 4.05 through 4.15 shall be treated as permitted uses to eliminate the
overlapping procedural requirements of individual conditional use provisions.
,4.1 91 (2) Special Procedures The establishment of a Planned unit Development District shall
be subject to the procedural and administrative requirements outlined in Section 4.20
plus the procedures and conditions imposed by Section 4.19.
4.192 General Requirements and Standards for a PUD
4,192(l) Ownership An application for PUD approval must be filed by the landowner or
jointly by all landowners of the property included in a project. The application and
all submissions must be directed to the development of the property as a unified
whole. In the case of multiple ownership, the approved PUD shall be binding on all
owners.
4. 1.92 (2) Comprehensive Plan Consistency The proposed PUD shall be consistent with the
City Comprehensive Plan.
4.192(3) Common Open Space Common open space at least sufficient to meet the minimum
requirements established in this Code and such complementary structures and
improvements as are necessary and appropriate for the benefit and enjoyment of the
residents of the PUD shall be provided within the area of the PUD.
41 192 (4) Operating and Maintenance Requirements for PUD Common Open Space /Facilitie
Whenever common open space or service facilities are provided within the PUD, the
PUD plan shall contain provisions to assure the continued operation and a maintenance
of such open space and service facilities to a predetermined reasonable standard.
Common open space and service facilities within a PUD may be placed under the
ownership of one or more of the following:
4,11)2(:1) (a) Landlord- Tenant Landlord control, where only use by tenants is anticipated.
4.192(4) (b) Owners Property Owners Association, provided all of the following conditions
are met:
41.192(4)(b) (i) Declaration of Covenants and Conditions Prior to the use of occupancy
or sale of the execution of contracts for sale of an individual building
unit, parcel, tracts, townhouse, apartment, or common area, a
declaration of covenants, conditions and restrictions or an equivalent
document or a document such as specified by Laws 1963, Chapter 457,
Section 11 and a set of floor plans such as specified by Laws 1963,
Chapter 457, Section 13 shall be filed with the City of New Hope, said
4 -142 072684
filing with the City to be made prior to the filings of said declaration or
document or floor plans with the recording officers of Hennepin County,
Minnesota.
4.192(4)(b) (ii) Owner's Association The declaration of covenants, conditions and
restrictions shall provide that an owner's association or corporation shall
be formed and that all owners shall be members of said association or
corporation which shall maintain all properties and common areas in
good repair and which shall assess individual property owners
proportionate shares of joint or common costs.
4.192(4)(b) (iii) Open Space Permanent The open space restrictions must be permanent
and not for a given period of years.
4.19'2(4)(1)), (iv) Liability for Costs The Association must be responsible for liability
insurance, local taxes, and the maintenance of the open space facilities
to be deeded to it.
4.192(5) Staging of Public and Common Open Space Dedication When a PUD provides
for common or public open space, the total area of common or public open space
or land escrow security in any stage of development, shall, at a minimum, bear
the same relationship to the total open space to be provided in the entire PUD as
the stages or units completed or under development bear to the entire PUD.
4.192(6) Dens i . The exact density allowable shall be determined by standards agreed
upon between the applicant and the City. Whenever any PUD is to be developed
in stages, no such stage shall, when averaged with all previously completed
stages, have a residential density that exceeds 25 percent of the proposed
residential density of the entire PUD.
4.1 2 (7) Underground Utilities In any PUD, all utilities, including, but not limited to
telephone, electricity, gas and Cable television shall be installed underground.
4.192(8) Utility Connections
4.1112(8) (a) Water Connections Where more than one property is served from the same
service line, a shut off valve must be located in such a way that each unit's
service may be shut off and secured by the City, in addition to the normally
supplied shut off at the street.
4.192(8) (b) Sewer Connections Where more than one unit is served by a sanitary sewer
lateral which exceeds three hundred feet in length, provision must be made
for a manhole to allow adequate cleaning and maintenance of the lateral. All
maintenance and cleaning shall be the responsibility of the property owners
association or owner.
4. 192 (9) Roadways, Private
4.112((11) (a) Desi n. Private roadways within the project shall have an improved surface
to twenty five feet or more in width and shall be so designed as to permit the
City fire trucks to provide protection to each building.
4.112(4) (b) Parking No portion of the required private road system may be used in
calculating required off - street parking space or be used for parking.
4 -143 072684
4.192. (10) Landscaping In any PUD, landscaping shall be provided according to a plan
approved by the City Council, which shall include a detailed planting list with sizes
and species indicated as part of the Final Plan. In assessing the landscaping plan, the
City Council shall consider the natural features of the particular site, the architectural
characteristics of the proposed structures and the overall scheme of the PUD plan.
4.192 (11) Public Services The proposed project shall be served by the City water and sewer
system and fire hydrants shall be installed at such locations as necessary to provide fire
protection.
1.192 (12) Building Height Height limitations shall be the same as imposed in the respective
districts.
.1 92 (13) Refuse Provision for trash pick -up shall be provided according to a plan approved
by the City Council.
............ ............................... (Code 072684)
4.192 (14) Development Agreement Prior to a rezoning or the issuance of a building permit as
part of Planned Unit Development, the permit, applicant, builder, or developer shall
execute and deliver to the Council a development agreement. The agreement shall
detail all use restrictions and required on and off -site improvements conditional to the
PUD rezoning or CUP approval. The agreement shall provide for the installation
within one year of the off -site and on -site improvements as approved by the Council,
secured by a cash escrow or surety bond in an amount and with surety and conditions
satisfactory to the City, to insure the City that such improvements will be actually
constructed and installed according to specifications and plans approved by the City
as expressed in such agreement. The amount of the bond shall be one and one -half
times the estimated cost of the improvements as determined by the City Engineer or
City Building Official.
............................... (Code 072684, Ord. 94 -06)
4.193 Residential Planned Unit Development, CUP, Requirements
l 19 (1) Purpose It is the intent of this section is to establish special requirements for the
granting of a conditional use permit for residential PUD projects which are in
compliance with the permitted and conditional uses allowed in a specific district
including dwellings, offices and institutional uses of one or more buildings in relation
to an overall design, and integrated physical plan and in accordance with the
provisions and procedures as prescribed in this Code.
4.193(2) Required Frontage The tract of land for which a project is proposed and permit
requested shall not have less than 200 feet of frontage on the public right -of -way.
4.193 (3) Yards
4.193(3) (a) Set - Backs, Periphery The front and side yard restrictions at the periphery of the
Planned Unit Development site at a minimum shall be the same as imposed in the
respective districts.
4.19:1(3) (b) Height Abutting R -1 and R -2 . No building shall be nearer than its building height
to the rear or side property line when such line abuts an R -1 or R -2 district.
4.193(3) (c) Set -Back, Front No building shall be located less than 15 feet from the back of
the curb line along those roadways which are part of the internal street pattern.
4 -144 072684
4.1 93(3 } (d) Building Separation No building within the project shall be nearer to another
building than one -half the sum of the building heights of the two buildings.
.19 (4) Density Bonus As a consequence of a Planned Unit Development's planned and
integrated character, the number of dwelling units allowed within the respective zoning
district may be increased by ten percent. The building, parking and similar
requirements for these extra units shall be observed in compliance with this Code.
4,193 (5) Townhouses, Cooperatives, Condominiums
4.193(5) (a) Frontage Minimum unit lot frontage for townhouses shall be not less than 20
feet.
4.193(5) (b) Dwelling Unit Dwelling unit and accessory use requirements are in compliance
with the district provisions in which the development is planned.
4.193(5) (c) Height A townhouse shall have not more than two stories completely above
ground.
4,193(5) (d) Number of Units and Height A structure containing a townhouse shall have three
to six dwelling units with no single wall greater than eighty feet in height without
an offset of ten feet or more, or an angle of 22.5 degrees, or more.
<1.193O (e) Open Space Townhouse projects shall have a useable open space area equal to
four hundred square feet per unit.
4 -145 072684
4.194 Commercial or Industrial Planned Unit Development, CUP Requirements
4,194(l) Purpose The intent of this section is to establish special requirements for the granting
of a conditional use permit to allow commercial or industrial PUD projects which are
in compliance with the permitted and conditional uses allowed in a specific district in
one or more buildings in relation to an overall design, an integrated physical plan and
in accordance with the provisions and procedures prescribed in this Code.
4.194 (2) Frontage The tract of land for which a project is proposed and a permit requested
shall not have less than 200 feet of frontage on a public right -of -way.
4,194(3) Yard No building shall be nearer than fifty feet to the side or rear property line when
such line abuts an R -1, R -2, R -3, or R -4 use district.
4.1 94 (4) Landscaping, Screening and Surfacing
4.194(4) (a) Surfacing The entire site other than that taken up by structures or landscaping
shall be surfaced with a material to control dust and drainage.
4.194(4) (b) Drainage A drainage system subject to the approval of the City Engineer shall
be installed.
4.194(4) (c) Screening and Landscaping Developments abutting an R -1, R -2, R -3, and R -4
district shall be screened and landscaped in compliance with Section 4.033 (3).
4.195 Mixed Use Planned Unit Development, Zoning Text Amendmen
4,195(l) Purpose The intent of this section is to establish special requirements for the granting
of a zoning district amendment (rezoning) to allow mixed use PUD projects which are
in compliance with the permitted and conditional uses allowed within the PUD District
(Section 4.19) and in accordance with the provisions and procedures as prescribed in
this section.
............ ............................... (Code 072684)
4.195 (2) Repealed.
... ............................... (Code 072684, Ord. 94 -06)
4.195 (3) Fronta e. The tract of land for which the project is proposed shall not have less than
200 feet of frontage on a public right- of -way.
4.195 (4) Yards Setbacks shall be consistent with those required in Section 4.034.
195 (5) Landscaping, Screening and Surfacing All site treatment shall be consistent with the
requirements of Section 4.033 (3).
4 -146 072684
4.196 Procedure for Processing a Planned Unit Developmen
4.196(l) Stages of PUD The processing steps for a PUD are intended to provide for an
orderly development and progressions of the Plan, with the greatest expenditure of
developmental funds being made only after the City has had ample opportunity for
informed decisions as to the acceptability of the various segments of the whole as the
Plan affects the Public interest. The various steps, outlined in detail in the following
sections, are:
4.1116(1) (a) Application Conference Preliminary discussions.
4,196(l) (b) General Concept Plan Consideration of overall concept and plan.
4.196(l) (c) Development Stage Plan One or more detailed Plans as part of the whole final
plan.
.196(f) (d) Final Plan The summary of the entire concept and each Development Stage Plan
in an integrated complete and final plan.
43 06 (2) Application Conference Upon filing of an application for PUD, the applicant for the
proposed PUD shall arrange for and attend a conference with a member of the City
staff as designated by the City Manager. At such conference, the applicant shall be
prepared to generally describe the proposal for a PUD. The primary purpose of the
conference shall be to provide the applicant with an opportunity to gather information
and obtain guidance as to the general suitability of his proposal for the area for which
it is proposed and its conformity to the provisions of this Code before incurring
substantial expense in the preparation of plans, surveys and other data.
4. # 96 (3) General Concept Plan
=1.1116(3) (a) Purpose The General Concept Plan provides an opportunity for the applicant to
submit a plan to the City showing his basic intent and the general nature of the
entire development before incurring substantial cost. This Concept Plan serves
as the basis for the public hearing so that the proposal may be publicly considered
at an early stage. The following elements of the proposed General Concept Plan
represent the immediately significant elements which the City shall review and for
which a decision shall be rendered:
4,196(3)(a) (i) Overall Maximum PUD Density Range
°1.196(:3)(a) (ii) General Location of Major Streets and Pedestrian Ways
4 .196(3)(a') (iii) General Location and Extend of Public and Common Open Spac
4f 196(3)(a) (iv) General Location of Residential and Non - Residential Land Uses with
Approximate Type and Intensities of Developmen
4,196(3')(a) (v) Staging and Time Schedule of Developingnt
4.196(:3)(a;) (vi) Other Special Criteria for Development
4 -147 072684
4.196(.3) (b) Process
4.196(3)(b) (i) Developer attends application conference and files application for a
conditional use permit and for rezoning and platting if property is
unplatted concurrently with the submission of the General Concept Plan
(at least 15 days prior to Planning Commission meeting).
4.196(3)(b) (ii) The City Manager provides for staff and Planning Commission
Committee review of the proposal and sets a public hearing, after
published notice, before the Planning Commission.
4.196(,3)(b) (iii) Planning Commission shall hold a public hearing pursuant to mailed and
published notice.
4,1.96(3)(b) (iv) Planning Commission shall make a recommendation to the City Council
on the General Concept Plan.
4.196(3)(b) (v) City Council reviews all recommendations and approves or denies
General Concept Plan as presented or amended.
4.196(3) (c) Optional Submission of Development Stage Plan In cases of single stage PUD
or where the applicant wishes to begin the first stage of a multiple stage PUD
immediately, he may, at his option, submit Development Stage Plans for the
proposed PUD simultaneously with the submission of the General Concept Plan.
In such case, the applicant shall comply with all the provisions of the Code
applicable to submission of the Development Stage Plan. The Planning
Commission and Council shall consider such plans simultaneously and shall grant
or deny Development Stage Plan approval in accordance with the provisions of
Section 4.19.
4.1.96(3) (d) Limitation on General Concept Plan Approval Unless a Development Stage Plan
covering at least 10 dwelling units on the area designated in the General Concept
Plan as the first stage of the PUD, whichever is greater, has been filed within 9
months from the date Council grants General Concept Plan approval, or in any
case where the applicant fails to file Development Stage and Final Plans and to
proceed with development in accordance with the provisions of this Code and of
an approved General Concept Plan, the approval may be revoked by Council
action. The Council at its discretion may extend the filing deadline for a
Development Stage Plan, when, for good cause shown, such extension is
necessary or desirable and in the public interest.
4,196(4) Development Stage Plan
4.196(4) (a) Purpose The purpose of the Development Stage Plan is to provide one or more
specific and particular plan upon which the Planning Commission will base its
recommendation to the Council and with which substantial compliance is
necessary for the preparation of the Final Plan.
4.196(4) (b) Submission of Development Sta -e . Upon approval of the General Concept Plan,
and within the time established elsewhere in Section 4.19, the applicant shall file
with the City Manager a Development Stage Plan consisting of the information
and submissions required by Section 4.19 for the entire PUD or for one or more
stages thereof in accordance with a staging plan approved as part of the General
4 -148 072684
Concept Plan. The Development Stage Plan shall refine, implement and be in
substantial conformity with the approved General Concept Plan.
4.196(4) (c) Review and Action by City Staff and Planning Commission Immediately upon
receipt of a completed Development Stage Plan, the City Manager shall refer
such plan to the appropriate City staff, Planning Commission or its committees
and other special review agencies such as DNR or EQC, etc. where applicable.
1 96(4) (d) Process.
4,196(4)(4) (i) Application Developer shall make application for subdivision approval
under the Platting section of this Code (first phase of PUD) at least 15
days prior to Planning Commission meeting, for conditional use permits
and rezoning, if required, and the Development Stage of the plan is
presented in writing to the City Manager, for review negotiation of
proposed changes at staff level, and for forwarding to the Planning
Commission for consideration at a public hearing.
4.196(4)(d) (ii) Public Hearing Planning Commission sets one or more public hearings,
as required to establish jurisdiction over the various phases of the plan.
4.190(4)(d) (iii) Planning Commission holds one or more public hearings, which may
consider such individual or combined phases of the PUD as may be
necessary or desirable, including General Concept Plan, Development
Stage Plan, Rezoning text or boundary amendments, Conditional Use
Permits and Preliminary and Final Platting.
4 196(4)(d) (iv) Within 60 days of the public hearing, or such further time as may be
agreed to by the applicant, the Planning Commission shall itself review
said reports and plans and submit its written report and recommendations
to the Council and applicant. Such report shall contain the findings of
the Planning Commission with respect to the conformity of the Plan to
the Comprehensive Plan, with respect to the merit or lack of merit of
any departure of the Development Stage Plan from substantial
conformity with the General Concept Plan and with respect to the
compliance of the Development Stage Plan with the provisions of this
Code and all other applicable federal, state and local codes. If the
Planning Commission shall find substantial conformity between such
plans or that any lack of substantial conformity merits approval and shall
further find the Development Stage Plan to be in all other respects
complete and in compliance with this Code and other applicable federal,
state and local codes it shall make its recommendations to the City
Council.
41 196(4)(d) (v) Within 30 days of receipt of the report and recommendation of the
Planning Commission, the Council may grant approval, return the plan
to the Planning Commission for further consideration of specified items
or deny approval of the plan, with written findings of fact.
4J960)(d) (vi) The terms of the PUD as approved by the City Council shall be
embodied in a PUD Agreement, Development Contract, and such other
documents as the City shall deem necessary or desirable. The PUD
Agreement and any appropriate resolution of the City Council shall be
filed with the Hennepin County Recorder or Registrar of Titles Office,
4-149 072684
at the expense of the applicant. At the election of the City, filing of the
Development Stage PUD may be delayed until the final plan is filed.
Where the Development Stage Plan is denied approval, Council action
shall be by written resolution setting forth its findings and conclusions
in support of its action. In all cases, a certified copy of the document
evidencing Council action shall be promptly mailed to or served upon the
applicant.
1.1:16(4) (e) Limitation on Detailed Plan Approval Unless a Final Plan covering the area
designated in the Development Stage Plan as the first stage of the PUD has been
filed within six months from the date Council grants Development Stage Plan
approval, or in any case where the applicant fails to file Final Plans and to
proceed with development in accordance with the provisions of this Code and /or
an approved Development Stage Plan, the approval shall expire. The Council
may at its discretion, extend for not more than six months, the filing deadline for
any Final Plan when, for good cause shown, such extension is necessary. In any
case where Development Plan approval expires, the Council may adopt a
resolution repealing the General Concept Plan approval and the Development
Stage Plan approval for that portion of the PUD that has not received Final Plan
approval and re- establishing the zoning and other Code provisions that would
otherwise be applicable.
41 J -96(4) (f) Development Stage Plan Review Criteria The evaluation of the proposed
Development Stage Plan shall include but not be limited to the following criteria:
41 196(4)(1) (i) Individual Rights Adequate property control is provided to protect the
individual owners' rights and property values and the public
responsibility for maintenance and upkeep.
4.196(4)(1) (ii) Traffic Plan The interior circulation plan plus access from and onto
public right -of -ways does not create congestion or dangers and is
adequate for the safety of the project residents and the general public.
4,196(4)(t) (iii) Open Space A sufficient amount of useable open space is provided.
4.1 96(4)(1) (iv) Privacy and Property Values The arrangement of buildings, structures
and accessory uses does not unreasonably disturb the privacy or property
values of the surrounding residential uses.
4.'196(4)(1) (v) Compatibility The architectural design of the project is compatible with
the surrounding area.
1,1.96(4)(1) (vi) Drainage The drainage and utility system plans are submitted to the
City Engineer and the final drainage and utility plans shall be subject to
his approval.
4,196(4)(f) (vii) Sound Development The development schedule insures a logical
development of the site which will protect the public interest and
conserve land.
4.196( (viii) Platting Code The development is in compliance with the requirements
of the New Hope Subdivision Code.
4-150 072684
4. � 96(4)(f) (ix) District Requirements Dwelling unit and accessory use requirements
are in compliance with the district provisions in which the development
is planned.
4.196(5) Final Plan
4.196(5) (a) Purpose The Final Plan is to serve as a complete, and permanent public
record of the PUD and the manner in which it is to be developed. It shall
incorporate all prior approved plans and all approved modifications thereof
resulting from the PUD process. It shall serve in conjunction with other
provisions of the City Code as the land use regulation applicable to the PUD.
4.196(5) (b) Submission of Final Plan Upon approval of the Development Stage Plan,
and within the time established herein the applicant shall file with the Zoning
Administrator a Final Plan consisting of the information and submissions
required by this Code for the entire PUD or for one or more stages. The
Final Plan is intended only to add detail to, and to put in final form, the
information contained in the General Concept Plan and the Development
Stage Plan and shall conform to the Development Stage Plan in all respects,
and shall be integrated as a coherent statement of the entire Plan.
Appropriate cross - referencing and incorporation of recorded documents may
be utilized.
4 ,1116(5) (c) Recording of Final Plan Within 60 days of its approval, the applicant, or at
its election, the City, shall cause the Final Plan, or such portions thereof as
are appropriate, to be recorded with the County Recorder or Registrar of
Titles, at the expense of the applicant. Certified copies of all relevant
recorded documents shall be furnished to the City.
4.1 96(5) (d) Building, and Other Permits Except as otherwise expressly provided herein,
upon receiving notice from the City Manager that the approved Final Plan or
appropriate Development Stage Plan has been recorded, all appropriate
officials of the City may issue building and other permits to the applicant for
development, construction and other work in the area encompassed by the
approved Final Plan or intermediate Development Stage Plan provided,
however, that no such permit shall be issued unless the appropriate official
is first satisfied that all requirements of this code which are applicable to the
permit sought, have been satisfied.
4, 196(5) (e) Limitation on Final Plan Approval Within one year after the approval of a
Final Plan for PUD, or such shorter time as may be established by the
approved development schedule, construction shall commence in accordance
with such approved plan. Failure to commence construction with such period
shall, unless an extension shall have been granted and hereinafter provided,
automatically render void the PUD permit and all approvals of the PUD plan
and the area encompassed within the PUD shall thereafter be subject to those
provisions of the zoning Code, and other Code provisions, applicable in the
district in which it is located. In such case, the Council shall adopt a
resolution repealing the PUD permit and PUD approvals and re- establishing
the zoning and other provisions that would otherwise be applicable.
4 -151 072684
4.197 Information and Documentation Requirements for Plan Submission Twenty copies of the
following exhibits, analyses and plans shall be submitted to the Planning Commission and
Council during the PUD process, at the times specified in this Code:
4,197 (1) General Concept Stage
4,197(l) (a) General Information
4.197(1)(a) (i) Owner The landowner's name, address and telephone number and
his interest in the subject property.
4.197(1)(a) (ii) Applican t . The applicant's name, address and telephone number if
different from the landowner. The applicant may designate an agent
to be contacted by the City, who may speak for the Applicant.
4.197(1)(a) (iii) Consultants The names and addresses of all professional
consultants who have contributed to the development of the PUD
plan being submitted, including attorney, land planner, engineer and
surveyor.
4.197(1)(a) (iv) Title of Applicant Evidence that the applicant has sufficient control
over the subject property to effectuate the proposed PUD, including
a statement of all legal, beneficial, tenancy and contractual interests
held in or affecting the subject property and including an up -to -date
certified abstract of title or registered property report, and such
other evidence as the City Attorney may require to show the status
of title or control of the subject property.
4.197(1) (b) Present Status of Premises and Adjacent Properties
4.197(1)(b) (i) Description The address and legal description of the subject
property. If a survey is available, it should be furnished.
4.197(l)(b) (ii) Zoning The existing zoning classification and present use of the
subject property and all lands within 500 feet of the subject
property.
4.197(.1)(b) (iii) Map A map depicting the existing development of the subject
property and all land within 500 feet thereof and showing the
precise location of existing streets, property lines, easements, water
mains and storm and sanitary sewers, with invert elevations on and
within 100 feet of the subject property.
4.197( 1) (c) Narrative Description A written statement generally describing the proposed
PUD and the market which it is intended to serve, showing its relationship
to the City's Comprehensive Plan and how the proposed PUD is to be
designed, arranged and operated in order to permit the development and use
of neighboring property in accordance with the applicable regulations of the
City.
4_197(1) (d) Site Conditions Where deemed necessary by the City, graphic reproductions
of the existing site conditions at a scale of 100 feet shall be submitted and
shall contain the following:
4-152 072684
4.197(S)(d) (i) Contours - minimum two foot intervals.
4.17(1)(d;) (ii) Location, type, and extent of tree cover.
4.197(1)(d) (iii) Slope analysis.
4.197(1)(d) (iv) Location and extent of water bodies, wetlands, and streams and
flood plains within three hundred feet of the subject property.
4.1117(1)(d) (v) Significant rock outcroppings.
4. l (7(1.)(d) (vi) Existing drainage patterns.
4.197(1)(d) (vii) Vistas and significant views.
4.1 70)(d)(viii) Soil conditions as they affect development.
All of the graphics should be the same scale as the final plan to allow easy
cross reference. The use of overlays is recommended for clear reference.
4.197( I ) (e) Concept Drawing Schematic drawing of the proposed development concept
including but not limited to the general location of major circulation
elements, public and common open space, residential and other land uses.
4.1 X7(1) (f) Number of Units A statement of the estimated total number of dwelling
and /or other units proposed for the PUD and a tabulation of the proposed
approximate allocations of land use expressed in acres and as a percent of the
total project area, which shall include at least the following:
4.197(1)(1) (i) Area devoted to residential uses.
4.197(1)(f) (ii)
Area devoted to residential use by building or structure or use type.
4.197(l)(t) (iii)
Area devoted to common open space.
4.191(1)(1) (iv)
Area devoted to public open space.
4.197(l)(,1) (v)
Approximate area devoted to streets.
4.:1(77( 1)(1) (vi)
Approximate area, and potential floor area, devoted to commercial
uses.
4.197(l)(f) (vii) Approximate area, and potential floor area, devoted to industrial or
office uses.
4.1(17(1) (g) Staged Development When the PUD is to be constructed in stages during
a period of time extending beyond a single construction season, a schedule
for the development of such stages or units shall be submitted stating the
approximate beginning and completion date for each such stage or unit and
the proportion of the total PUD public or common open space and dwelling
units to be provided or constructed during each such stage and the overall
chronology of development to be followed from stage to stage.
4 -153 072684
4. 197(1) (h) Common Areas When the proposed PUD includes provisions for public or
common open space or service facilities, a statement describing the provision
that is to be made for the care and maintenance of such open space or service
facilities. If it is proposed that such open space be owned and /or maintained
by any entity other than a governmental authority, copies of the proposed
articles of incorporation and by -laws of such entity shall be submitted during
the development stage.
4.197(1) (i) Covenants General intents of any restrictive covenants that are to be
recorded with respect to property included in the proposed PUD.
4.197(1) 0) Market Feasibility Where deemed necessary, a market feasibility study
including an analysis of the proposals economic impact on the City.
4.197(2) Development Stage Development stage submissions should depict and outline the
proposed implementation of the general concept stage for the PUD. Information
from the general concept stage may be included for background and to provide a
basis for the submitted plan. The Development Stage submissions shall include
but not be limited to:
4.197(2) (a) Zoning Required Zoning classification required for Development Stage
submission and any other public decisions necessary for implementation of
the proposed plan.
4. 197(2) (b) Preliminary Plat Twenty sets of a preliminary plat, following provisions of
the Platting Section Chapter 13 of this Code, plus the following:
4.197(2)(b) (i) Buildings The location, size, use and arrangement including height
in stories and feet and total square feet of ground area coverage and
floor area, or proposed buildings, and existing buildings which will
remain, if any.
4.197(2)(b) (ii) Traffic Circulation Location, dimensions and number of all
driveways, entrances, curb cuts, parking stalls loading spaces and
access aisles, and all other circulation elements including bike and
pedestrian; and the total site coverage of all circulation elements.
4.197(2)(b) (iii) Common Areas Location, designation and total area of all
common open space.
4.197(2)(b) (iv) Public Open Space Location, designation and total area proposed
to be conveyed or dedicated for public open space, including parks,
playgrounds, school sites and recreational facilities.
4.197(2)(b) (v) Locate Existing Structures The location, use and size of structures
and other land uses on adjacent properties.
4.197(2)(1)) (vi) Landscaping Preliminary sketches of proposed landscaping.
4,197(2)(,b) (vii) Drainage and Grading General grading and drainage plans for the
developed PUD.
4 -154 072684
4.197(2)(l;))(viii) Other Data Any other information that may have been required by
the Planning Commission in conjunction with the approval of the
general concept plan.
4.197(2)(b) (ix) Legal Description An accurate legal description of the entire area
within the PUD for which final development plan approval is
sought, correlated to the legal description defining use districts in
this Code.
41 197(2) (c) Areas of Use A tabulation indicating the approximate gross square footage,
if any, of commercial and industrial floor space by type of activity (e.g. drug
store, dry cleaning, supermarket).
4.197('1 ( d) Plans Preliminary architectural plans indicating use, floor plan, elevations
and exterior wall finishes of proposed buildings, including mobile homes.
4.117(2) (e) Landscaping Plan A detailed landscaping plan.
4,197(2) (f) Grading Plan Preliminary grading and site alteration plan illustrating
changes to existing topography and natural site vegetation. The Plan should
clearly reflect the site treatment and its conformance with the approved
concept plan.
4.1:7(2) (g) Final Plats. A final plat in recordable form in accordance with Chapter 13,
the Platting Chapter of this Code.
41 197 (2) (h) Erosion Control A Soil Erosion Control Plan acceptable to watershed
districts, Department of Natural Resources and any other agency with review
authority clearly illustrating erosion control measures to be used during
construction and as permanent measures.
4.11)7(2:) (i) Document Changes A statement summarizing all changes which have been
made in any document, plan data or information previously submitted,
together with revised copies of any such document, plan or data.
4.197(2) 0) Additional Data Such other and further information as the Planning
Commission, City Manager or Council shall find necessary to a full
consideration of the entire proposed PUD or any stage thereof.
4.197 (3) Final Plan Stage After approval of a General Concept Plan for the PUD and
approval of a Development Stage Plan for a section or sections of the proposed
PUD the applicant will submit the following material for review by the City staff
prior to issuance of a building permit.
4.197(m) (a) Recording Proof Certified copies establishing the recording of any easement
or other documents required by the City prior to the sale of any land or
dwelling unit included in the PUD and of the establishment and activation of
any entity that is to be responsible for the management and maintenance of
any public or common open space or service facility.
, 4. 197(3) (b) Final Plans Structures Final architectural working drawings at all
structures.
4-155 072684
4.1 x)7(3) (c) Final Engineering Plans Final engineering plans and specifications for
streets, drainage, utilities and other public improvements, together with a
Development Contract providing for the installation of such improvements
and financial guarantees for the completion of such improvements, as
provided in Chapter 13.
4.197(3) (d) Other Plans Any other plans, agreements, or specifications necessary for
the City staff to review the proposed construction. All work must be in
conformance with the Building Code of the City.
4 -156 072684
4.24 DISTRICT BOUNDARIES All of the below described areas are within the boundaries of the City.
In determining said areas, measurement shall be made from the center lines of streets and avenues,
and at intersections from the intersection of said centerlines, provided that such rules of construction
shall not apply to any area described where the context of such is inconsistent. All references are
to either U.S. Government Survey, or to Auditor's Subdivisions, Registered Land Surveys, or
platted Subdivisions according to the maps or plats of record in the office of either the County
Recorder or Registrar of Titles of Hennepin County, Minnesota. In metes and bounds descriptions
in the descriptions of district boundaries, all references are to premises in the State of Minnesota,
County of Hennepin, City of New Hope, and Section, Township and Range are sometimes
abbreviated as S -T -R, and on other occasions, the T and R are omitted and must be inferred by the
order of the identifying numerals, e.g. Section 6- 118 -21. All of New Hope is in Township 118,
Range 21 lying North of the 5th principal Meridian.
4.25 Extent of R -1 Single- Family Residence Districts For the purpose of this Code all of the
incorporated territory of the City shall be, and the same is hereby established as and placed in the
R -1 Single Family Residence District, excepting therefrom such portions of the City specifically
placed in and established as some other district in the following sections.
4.26 Extent of R -2 Single and Two Family Residential District The following areas of the City shall
comprise the R -2 Single and Two Family Residential Districts:
4.26(l) Bass Creek Highlands Addition
4.26(2) That part of Lot 1, Block 2, Meadow Lake Terrace, lying south of a line drawn parallel
to the southerly line of said lot, from a point on the west line thereof, distant 125 feet
northerly of the southwesterly corner of said lot, and extending easterly to easterly line
thereof.
............... ............................... (Code 072684)
4.26(3) Tracts A, B, C, D, E, and F, RLS No. 1137
................ ............................... (Ord. 96 -23)
4,26(4) Lot 1, Block 1 Church View Estates
4.26(5) Lot 1, Block 3 Wright's First Addition
_26 (6) Lots 1 and 14, Block 1, Winnetka Hills, 2nd Addition
4.26(7) Lots 2 and 3, Block 2 Wick's Terrace Addition
4,26(8) Lots 1 through 6, Block 1 Gordon's Lakeview Terrace 2nd Addition
That part of the west I /2 of the northwest 1/4, Section 18,T 118, R -21, Hennepin County,
Minnesota, lying southerly of County Road 9, easterly and southeasterly of County Road
18, westerly of Gettysburg Avenue and northerly of Gordon's Lakeview Terrace 2nd
Addition.
4.26 (10) Lots 18 and 19, Block 1, Hopewood Hills Addition
4.26 (11) West 160 feet of Outlot 2, Terra Linda Addition
4.26 (12) Lots 9 through 16, Block 3, Terra Linda Addition
4.26 (13) Lot 1, Block 1 Mork - Campion Manor 2nd Addition
4 -165 072684
4,26 (14) Lots 1 through 5, Block 1, Jorgenson 1st Addition
4.26(15) Lots 1 through 14 and 16, 17, and 18 Block 1 and Lots 1 and 2, Block 2, Fleetwood
Estates
4.26 (16) Lots 1 and 2, Block 1; and lots 1, 2, 3, 4, Block 2, Fleetwood Estates 2nd Addition
4.26(17) Lots 1 and 2, Block 1; and lots 1 and 2, Block 2, Fleetwood Estates 3rd Addition
.............................................. (Code 072684)
4.26 (18) Outlot A, Plufka First Addition
...................................... (Code 072684, Ord. 91-20)
4.26 (19) Outlot A, Gordon's Lakeview Terrace 3rd Addition
........................................... (Ord. 79-21, 80-4)
4.26 (2 0) Lots 1 though 16 and Lots 19 through 32, Block 1, New Hope Highlands 2nd Addition
................................................ (Ord. 81-1)
4.26 (21) The East 1/3 of Lot 35, Auditor's Subdivision Number 226, Hennepin County, Minnesota,
except the North 1063.67 feet and except that part lying South of the North 1138.67 feet
thereof, and except the West 30 feet thereof.
............................................ (Ord. 82-11)
4,26(22) The South 150 feet of the North 330 feet of the East 168 feet of the Southeast Quarter of
the Northeast Quarter of Section 7, Township 118, Range 21, except road.
............................................... (Ord. 94-09)
4.26(23) Lots 1 and 2, Block 1, Cameron 3rd Addition.
4 -166 072684
4,27 Extent of R -3 Medium Density Residential District The following areas in the City shall comprise
the R -3 Medium Density Residential Districts:
i 2 (1) All of Outlot 2, Mork - Campion Heights Addition, together with all of Outlot 1,
Mork - Campion Heights Second Addition
1.1 .27 (2) Lot 16, Block 3 Meadow Lake Heights 1st Addition
That part of west 1 /2 of northeast 1/4 of southeast 1/4 of Section 6- 118 -21 lying east of west
500 feet thereof and north of south 292.5 feet thereof and south of Bass Lake Road. And
the south 292.5 feet of that part of the west half of the northeast 1/4 of the southeast 1/4
lying east of the west 210 feet thereof; The westerly 30 feet of that part of the east half of
the northeast 1/4 of the southeast 1/4 lying southerly of the Bass Lake Road, and that part
of said east half described as beginning at the point of intersection of the southwesterly line
of Bass Lake Road with a line parallel with and 30 feet east of the west line of said east
half of the northeast 1/4 of the southeast 1/4; thence southeasterly along said road line 30
feet; thence at a right angle southwesterly to an intersection with aforesaid parallel line;
thence north to the point of beginning, all in Section 6- 118 -21.
4.2 (4) That part of the west 1 /2 of Lot 32, Auditor's Subdivision No. 226, Hennepin County,
Minnesota, described as follows: Beginning at the southeast corner of the west 1 /2 of said
Lot 32; thence at right angles northerly to the southeast corner of the north 6 acres of the
west 1 /2 of said Lot 32; thence at right angles west to the west line of said lot 32; thence
south along the west line of said Lot 32 to a point 178.2 feet north of the southwest corner
of the said Lot 32; thence east parallel with the south line of said Lot 32 100 feet; thence
south parallel with the west line of said Lot 32 to the south line of said Lot 32, thence east
along the south line 30 feet, thence north parallel with the west line of said Lot 32, 1133
feet; thence east parallel with the south line of said Lot 32, to its intersection with a line
running parallel with and 30 feet west of the east line of the west 1 /z of said Lot 32; thence
south along above - described parallel line to the south line of said Lot 32; thence east along
the south line to point of beginning.
427 (5) Lot 2, Block 1 Church View Estates
............... ............................... (Code 072684)
4,27(6) Lots 1 through 37, Block 1 Sandpiper Cove
.................... I ........................... (Ord. 85 -33)
427 (7) Lots 5, 6, 7, 32, 33, and 34, Block 6 together with that part of Lots 1, 2, 3, and 4 of said
Block 6 lying south of the north 125 feet of said lots; and also together with the following
described parcel which has been vacated, to wit; All portion of the east and west alley as
formerly platted in Block 6, located between and adjacent to Lots 1, 2, 3, 4, and Lots 5
and 34. Rockford Park Addition.
4.27 (8)
Outlots 1 to 3, Block 1 Wendy Jane Terrace
4,27 (9)
Lots 3, 4, 5, Block 7 Rockford Park Addition
4.27 (10)
Lots 6, 7, 8, Golden Rule 3rd Addition
4.27 (11)
Lots 13, 14, 15, 16, Block 2 Golden Rule 2nd Addition
4.27 (12)
Lot 15, Block 3 Wonderland Addition
4 -167 072684
4.27 (13) Outlots 2, 3, 4, Holberg Heights ............... (Outlot I deleted by Ord 81 -1)
................. ............................... (Ord. 81 -1)
4.27 (14) Lots 1 through 7, Block 3, Terra Linda Addition
4.27 (15) Lots 1 through 11, Block 1 Twin Terra Linda 4 '
4.27 (16) Lot 2, Block 1 Bartlett Addition
4.27 (17) Deleted by Ord. 79 -21
4.27 (18) Soukup's Addition
4.27 (19) Lots 17 through 18, Block 1, New Hope Highlands 2nd Addition
.................................... I........... (Ord. 81 -I)
4.27 (20) Lot 15, Block 1, Fleetwood Estates Addition.
................. ............................... (Ord. 81 -1)
4.28 Extent of R -4 High Density Residential District The following area in the City shall comprise the
R -4 High Density Residential Districts:
4,28(l) That part of the northeast 1/4 of the northwest 1/4 of Section 5- 118 -21 lying east of West
Broadway, west of the east line of said northeast 1/4 of the northwest 1/4. South of the
south line of Registered Land Survey No. 840, as extended easterly, and north of a line
drawn from a point on the centerline of West Broadway 830.53 feet south, as measured
along the centerline of West Broadway, from the north line of the said northwest 1/4 to a
point on the east line of the said northeast 1/4 of the northwest 1/4 783.2 feet south of the
northeast corner thereof; except the north 150 feet of the east 200 feet of said described
tract, and also except the north 190 feet of the said described tract lying west of a line
drawn north and south from a point 505.7 feet west of a point on the centerline of West
Broadway, 375.61 feet south as measured along said centerline, from the north line of said
northwest 1/4, except the east 62.8 feet of the north 95 feet thereof.
4.28 (2) That part of the northeast 1/4 of the northwest 1/4 of Section 5- 118 -21 described as:
Commencing at a point in south line of northeast 1/4 of northwest 1/4 distant 401 feet west
from southeast corner thereof, the north perpendicular to said south line 563.9 feet, thence
west parallel with said south line to a point distant 729 feet west from east line of northwest
1/4, thence south at right angles 176.5 feet, thence east at right angles 25.4 feet, thence
south at right angles 80 feet, thence west at right angles to center -line of County Road 8,
thence southeasterly along said centerline to south line of northeast 1/4 of northwest 1/4,
thence east to beginning.
4.28(3) That part of the northeast 1/4 of the northwest 1/4 of Section 5- 118 -21 described as:
commencing at a point in south line of northeast 1/4 of northwest 1/4 distant 401.2 feet
west from southeast corner thereof; thence north parallel with west line of RLS 326 distant
565.79 feet; thence east at right angle to the west line of RLS No. 326, thence south along
west line of RLS No. 326 to south line of northeast 1/4 of northwest 1/4, to point of
beginning except the south 153 feet of the east 153.3 feet.
4.18(4) Tract A of RLS No. 840
4.28(5) Tract B of RLS No. 21 except the north 85 feet thereof.
4 -168 072684
4.28 (6) Lots 1 through 5, Block 1 Gervais and Hunter Replat
4.28 (7) Tracts A, B, C, D, RLS No. 523
4.28 (8) Repealed.
................ ............................... (Ord. 96 -23)
428 (9) The north 672 feet of Lot 36, Auditor's Subdivision No. 226
4.28 (10) That part of Lot 34, Auditor's Subdivision No. 226, lying north of a line drawn parallel
to and 279.81 feet north of the centerline of Bass Lake Road.
1..2.8 (11) The east 255 feet of the south 430 feet of the northwest 1/4 of the southwest 1/4 of the
southeast 1/4 of Section 6- 118 -21, and that part of the east 355 feet of said northwest 1/4
of the southwest 1/4 of the southeast 1/4 lying north of the south 430 feet thereof.
4.28(12) That part of the northwest 1/4 of the southeast 1/4 of Section 6 -118- 21, lying south of the
centerline of Bass Lake Road, excluding that part of the west 325.2 feet lying north of the
south 520 feet and that part of the east 177.5 feet of the west 520.7 feet lying north of the
south 486.45 feet thereof.
4.28 (13) That part of the west 210 feet of the northeast 1/4 of the southeast 1/4 of Section 6- 118 -21
lying south of the centerline of Bass Lake Road and north of the south 555 feet thereof.
4.28 (14) That part of the southwest 1/4 of the southeast 1/4 of Section 6- 118 -21, lying east of the
centerline of Boone Avenue, south of the centerline of 55th Avenue, west of the centerline
of Zealand Avenue and north of the centerline of 54th Avenue.
4.28 (15) That part of the southeast 1/4 of the southeast 1/4 of Section 7- 118 -21, lying south of 46th
Avenue north, except that part embraced in Del Heights Addition and Registered Land
Survey 1070, and except the west 82.5 feet of the south 198 feet thereof.
............... ............................... (Code 072684)
4.28 (16) The south 330 feet of the southwest 1/4 of the northwest 1/4 of Section 8- 118 -21, lying
west of the east 145 feet thereof.
............... I . I .... I ............... (Code 072684, Ord. 89 -6)
4.28 (17) Lot 9, Block 2 Winnetka Hills 2nd Addition
4 28 (18) The south 388.93 feet of the north 735 feet of Lot 2, Auditor's Subdivision No. 324, said
distances being measured along the west line of Section 17- 118 -21 from the northwest
corner thereof and parallel with the north line of said section.
-1.28(19) The north 935 feet of Lot 3, Auditor's Subdivision No. 324.
4.28 (20) That part of the southeast 1/4 of the southeast 1/4 of Section 18- 118 -21, described as
beginning at a point in the south line of said southeast 1/4 of southeast 1/4, a distance of
358 feet west of the southeast corner thereof; thence north 233 feet; thence west parallel
to the south line a distance of 373.29 feet; thence deflect 14 degrees, 28 minutes, 10
seconds, to the right a distance of 190 feet; thence south parallel to the east line of said
southeast 1/4 to the said south line; thence east along said south line to the point of
beginning.
4 -169 072684
.8.28 (21) That part of the north half of the northeast 1/4 of the northeast 1/4 of Section 19- 118 -21,
lying east of Royal Oak Hills 7th Addition, except the east 175 feet of the north 175 feet
thereof.
4.28 (22) All of Block 6, Howland's Heights Addition
4.28 (23) All of Block 7, Howland's Heights Addition, except the south 207 feet of the west 134 feet
of Lot 5, and the south 207 feet of the east 66 feet of Lot 6.
4.28(24) All of Block 1 Presidential Estates
4.28 (25) Lot 5, Block 1, Twin Terra Linda 3rd Addition
4.28 (26) Lot 13, and the north 10 feet of Lot 1, except that part thereof embraced in Plat of Rosalyn
Court, Block 1, Lamphere's Terra Linda.
4.28 (27) All of Rosalyn Court Addition
4.28 (28) Lots 1 through 12, Block 4, Hillsborough Manor Addition
4.28 (29) The south 460 feet of the north 1,067 feet of Lot 34, Auditor's Subdivision No. 324, lying
west of the east 163 feet thereof, together with the east 163 feet of Lot 32 of said
Subdivision No. 324.
............... ............................... (Code 072684)
4.28 (30) Lots 22 and 23, also that part of Lots 18 through 21 inclusive, lying west of the east 130
feet thereof, also that part of Lots 24 through 30 inclusive lying west of the east 130 feet
thereof of Auditor's Subdivision No. 324.
..... (Code 072684, Ord. 90 -I1)
4.28 (31) Lot 1, Block 3, Science Industry Park
............... ............................... (Code 072684)
4.28 (32) Repealed.
............ ............................... (Ord. 85 -14, 96 -23)
4.28 (33) Lot 1, Block 1, and Outlot A Sandpiper Cove 2nd Addition.
(Ord. 85 -33, Code 072684)
4.28 (34) New Hope Terrace Addition.
................ ............................... (Ord. 86 -10)
4.28A Extent of R -5 Senior Citizen Residential Housing District The following area in the City shall
comprise the R -5 Senior Citizen Residential Housing District:
4.28A (1) The North 350.98 feet of the West 409.11 feet of the Northeast 1/4 of the Northeast 1/4
of Section 18- 118 -21.
................. ............................... (Ord. 81 -8)
4.28 A, (2) Lots 1 and 2, Block 1, North Ridge Care Center Addition
................ ............................... (Ord. 82 -15)
4.28A. (3) Lot 1, Block 1, Charlie Thompson Addition
................. ............................... (Ord. 84 -2)
4 -170 072684
4.28A (4) Lot 1, Block 1, Broadway LaNel Addition
................ ............................... (Ord. 88 -16)
4.28A (5) That part of the West 247 feet of the East 1 /i of the Northeast 1 /4 of the Southeast 1 /4 of
Section 6- 118 -21 lying northerly of Bass Lake Road and that part of the South 682.74 feet
of the North 856.49 feet of the East 1 /2 of the Northeast 1 /4 of the Southeast 1 /4 of Section
6- 118 -21 east of the west 247 feet thereof.
4.28A (6) Tract G, RLS No. 1137.
4.` 8 (7) Tract A and B, RLS 1495.
................ ............................... (Ord. 96 -23)
4 -171 072684
4.29 EXTENT OF R -O RESIDENTIAL- OFFICE DISTRICT The following areas of the City shall
comprise the R -O Residential- Office Districts:
4.29 (1) Lots 1 and 2, Block 1, Lot 1, Block 3 and Outlot A, Sharon's Addition
4.29(2) That part of the east 210 feet of the west 420 feet of the west I/2 of the northeast 1/4 of the
southeast 1/4 lying north of the south 480 feet thereof, Section 6- 118 -21.
4.29(3) Lot 1, Block 2, Tetzloff First Addition
................. ............................... (Ord. 83 -4)
4.29(4) That part of the East 1/3 of Lot 35, Auditor's Subdivision Number 226, Hennepin County,
Minnesota, lying South of the North 1138.67 feet thereof.
................ ............................... (Ord. 82 -11)
4, 29 (5) The north 82 feet of the south 264 feet of the west 132 feet of Lot 33, Auditor's
Subdivision No. 226 and the north 57 feet of the south 182 feet of the west 27 feet of Lot
33, Auditor's Subdivision No. 226.
............................... (Code 072684, Ord. 89 -13)
4.29 (6) Lot 14, Block 3 Mork Campion Manor 2nd Addition
4.29(7) Tracts E, D, C, of RLS No. 324
4,29(8) The north 80 feet of that part of the east 163 feet of Lot 34, Auditor's Subdivision No. 324
lying south of a line parallel with and 280 feet north from south line of the northeast 1/4
of northwest 1/4 of Section 17- 118 -21.
4.29(9) Commencing at a point in east line of southeast 1/4 of southeast 1/4 of Section 18- 118 -21,
320 feet south from northeast corner thereof, thence continuing south 545 feet, thence west
183 feet, thence north 365 feet, thence northwesterly to most southerly corner of Lot 8,
Block 1, Towers North Addition, thence northerly and easterly along southerly line of said
Addition to beginning.
............... ............................... (Code 072684)
4.29 (10) Repealed.
................. ............................... (Ord. 90-9)
4.29 (11) Lots 6 and 7, Block 8, Howland's Heights Addition.
4.29 (12) Tract B, RLS No. 1094.
4.29 (13) Lots 11 and 12, Block 1, Lamphere's Terra Linda Addition.
............... ............................... (Code 072684)
4.29(14) Repealed.
...................... I........................ (Ord. 90 -11)
4.29 (15) The south 145.2 feet of the west 100 feet of Lot 32, Auditor's Subdivision No. 226.
4,29 (16) Lots 1 through 8, Block 1, New Hope Highlands 3rd Addition.
................ ............................... (Ord. 83 -22)
4 -172 072684
#.29 (17) Lot 1, Block 1, Village Industrial Park.
...................... ..........................(Ord. 90 -8)
............... ............................... (Code 072684)
4.29A Residential /Office PUD District The following areas of the City shall comprise the R/O PUD
District. This area is distinguishable from the R/O Zoning District in that all properties within the
R/O PUD District are subject to a development agreement restricting use as a condition to this
zoning classification. A certified copy of all development agreements shall be filed with the County
Recorder per Minn. Stat. §462.36.
4.29A (1) Lot 17, Block 3, Twin Terra Linda.
................ ............................... (Ord. 94-06)
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4.30 EXTENT OF B -1 LIMITED NEIGHBORHOOD BUSINESS DISTRICT The following areas of
the City shall comprise the B -1 Limited Neighborhood Business District:
430 (1) Outlot 2, Mork Campion Heights, 2nd Addition
4.30(2) Tract B, RLS No. 1245
4,30(3) The west 125 feet of the east 358 feet of the south 233 feet of the southeast 1/4 of the
southeast 1/4 of Section 18- 118 -21.
4.30(4) The south 190 feet of that part of Lot 1, Lamphere's Terra Linda lying west of the
southerly extension of the east line of Lot 13 and north of the north line of Lot 14 and its
easterly extension.
............... ............................... (Code 072684)
430 (5) The north 57 feet of the south 182 feet of the east 105 feet of the west 132 feet of Lot 33,
Auditor's Subdivision No. 226 and the south 125 feet of the west 132 feet of Lot 33,
Auditor's Subdivision No. 226.
................ ............................... (Ord. 89 -13)
4.31 EXTENT OF B -2 RETAIL BUSINESS DISTRICT The following areas of the City shall comprise
the B -2 Retail Business Districts:
4.31 (1) That part of the northwest 1/4 of Section 5- 118 -21, described as follows: Beginning at a
point in the centerline of County Road No. 8, distant 830.53 feet southerly along said
centerline from its intersection with the north line of said Section; thence east along a
straight line to a point thereon distant 729 feet west of the east line of said northwest 1/4,
said straight line if extended easterly would intersect said east line at a point 783 feet south
of the northeast corner of said northwest 1/4; thence at a right angle south 176.5 feet;
thence at a right angle east 25.4 feet, thence at a right angle south 80 feet; thence at a right
angle west to the centerline of County Road No. 8; thence northwesterly along the
centerline of said road to the point of beginning, according to the U.S. Government survey
thereof.
4.31 (2) Commencing at a point in west line of Lot 36, Auditor's Subdivision No. 226, distant 672
feet south from northwest corner thereof, thence south 353.28 feet, thence east at right
angles 206.63 feet, thence north at right angles 50 feet, thence east at right angles to east
line of Lot 36, then north to a point 672 feet south from northeast corner thereof, thence
west to beginning.
4.31 (3) Commencing at a point in east line of Lot 36, Auditor's Subdivision No. 226, distant
975.28 feet south from northeast corner thereof, thence west parallel with north line
thereof to a point 206.63 feet east from west line of said lot, thence south at right angles
to south line of Lot 36, thence easterly to southeast corner thereof, thence north to point
of beginning.
431 (4) The east 140 feet of that part of Lot 38, Auditor's Subdivision No. 226 lying north of the
south 1100 feet thereof.
4.31(5) That part of Lot 38, Auditor's Subdivision No. 226 lying north of south 1190 feet and west
of the east 140 feet.
4.31 (6) Commencing at the point of intersection of southwesterly line of Bass Lake Road with a
line parallel with and 30 feet east of west line of east 1 /2 of northeast 1/4 of southeast 1/4
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of Section 6- 118 -21, thence southeasterly along said road line 30 feet to actual point of
beginning; thence at right angles southwesterly to the intersection with said line parallel
with and 30 feet east of west line thereof; thence south parallel with said west line to south
line of said east 1 /2 of northeast 1/4 of southeast 1/4, thence east along south line thereof
228.86 feet, thence northeasterly deferred left 57 degrees 05 minutes 30 seconds from said
south line to southerly line of said road, thence northwesterly along said road line to point
of beginning.
,31 (7) That part of the north 174 feet of Lots 41 and 42, Auditor's Subdivision No. 226 lying
west of Maryland Avenue.
l .; l (8) That part of Lot 42, Auditor's Subdivision No. 226 corresponding to the west 4 rods of the
east 15 rods of the north 1/4 of the southeast 1/4 of the southwest 1/4 of Section 5- 118 -21.
, -1.3) (9) Tract B of RLS No. 324 and the south 206.9 feet of the east 239.5 feet of the northwest
1/4 of the northeast 1/4, of Section 18- 118 -21.
4.31 (10) Lot 2, Block 1; Tetzloff First Addition.
............ . ........................ I.......... (Ord. 83 -4)
1.3:1 (11) That part of Lot 42, Auditor's Subdivision No. 226 lying east of Louisiana Avenue North
and north of Murray Lane Fifth Addition.
................ I.............................. (Ord. 90 -12)
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4.32 EXTENT OF B -3 AUTO - ORIENTED BUSINESS DISTRICT The following areas of the City
shall comprise the B -3 Auto - oriented Business Districts:
4.32(l) All of Outlot No. 1, Mork Campion Heights Addition
4.32(2) All of Tract A, Registered Land Survey No. 602.
............... ............................... (Code 072684)
4.32 (3) Repealed
................ ............................... (Ord. 88 -16)
4.32(4) Tract A, RLS No. 1245.
4.32(5) The west 206.63 feet of Lot 36, Auditor's Subdivision No. 226, except the north 1025.28
feet thereof.
4.32(6) That part of east 1 /2 of northeast 1/4 of southeast 1/4 of Section 6- 118 -21, lying southerly
of Bass Lake Road and lying southeasterly of a line described as beginning at a point on
south line thereof distant 258.68 feet east of southwest corner thereof, thence northeasterly
deferred left 57 degrees 05' 30" from said south line to southerly line of said road.
1.32 (7) The south 80 feet of the west 166.76 feet of east 196.76 feet of Lot 32, Auditor's
Subdivision No. 226.
4,'12 (8) That part of Lot 42, Auditor's Subdivision No. 226 corresponding to the west 10 rods of
the east 11 rods of the southeast 1/4 of southwest 1/4 of Section 5- 118 -21.
............... ............................... (Code 072684)
432 (9) Repealed
................ ............................... (Ord. 90 -12)
4 (10) Commencing at the southeast corner of Outlot 1, Murray Lane Sixth Addition, thence
south on the centerline to the centerline of Bass lake Road, thence west to east line of
Maryland Avenue extended, thence north to south line of said Addition, thence east to
point of beginning.
............... ............................... (Code 072684)
4,32(11) South 150 feet of east 240 feet of Lot 14, Block 1 Northwood Terrace 6th Addition.
4.32 (12) South 233 feet of the east 233 feet of southeast 1/4 of Section 18- 118 -21 as measured on
the south and east lines thereof.
4.32 (13) East 175 feet of north 175 feet of northeast 1/4 of the northeast 1/4 of Section 19- 118 -21.
432 (14) The south 207 feet of the west 134 feet of Lot 5, together with the south 207 feet of the
east 66 feet of Lot 6, all in Block 7, Howland's Heights.
41 32 (15) Lot 14 and the south 50 feet of Lot 1, except that part thereof embraced in plat of Rosalyn
Court, Block 1 Lamphere's Terra Linda.
4 -176 072684
4.32 (16) That part of southwest 1/4 of northwest 1/4 of Section 7- 118 -21, lying south of north 306
feet thereof and lying westerly
....... ............................... (Code 072684, Ord. 90 -11)
4.33 EXTENT OF B -4 COMMUNITY BUSINESS DISTRICT The following areas of the City shall
comprise the B -4 Community Business Districts:
4.3:3 (1) All of the Northeast 1/4 of Northeast 1/4 of Section 18- 118 -21, EXCEPT: the North
350.98 feet of the West 409.11 feet thereof.
................. ............................... (Ord. 81 -8)
1.:33 (2) Lot 14, Block 1, Northwood Terrace 6th Addition, except a 70 feet strip adjacent to the
northerly and easterly lines of said Lot 14 and except the south 150 feet of the east 240 feet
of said Lot 14.
4.33 (3) Outlot 2, Twin Terra Linda and Tract C of RLS No. 1094.
.............. ............................... (Code 072684)
4.33 (4) Lot 1, Block 1, Winnetka Commons.
................. ............................... (Ord. 90 -9)
4.33(5) Tracts A, B, C, D, RLS No. 1247.
4.13 (6) Tracts A and B, RLS No. 1282.
433 (7) South 410.7 feet of Lot 4, Auditor's Subdivision No. 324.
4.33 (8) Lots 11 through 17, Auditor's Subdivision No. 324.
4.33 (9) Lot 33, Auditor's Subdivision No. 324.
1.33 (10) That part of Lot 34, Auditor's Subdivision No. 324 described as: commencing at a point
in south line of Lot 34 distant 150 feet west from southeast corner thereof, thence north
200 feet, thence west 13 feet, thence north to the easterly extension of south line of Lot 32,
Auditor's Subdivision No. 324, thence west to southeast corner of Lot 32, thence south to
southwest corner of Lot 34, thence east to point of beginning.
4.3 (11) The east 150 feet of that part of Lot 34, Auditor's Subdivision No. 324 lying south of a
line running parallel with and 200 feet north of south line of northeast 1/4 of northwest 1/4
of Section 17- 118 -21.
4.3" (12) Lots 7 and 8 of Auditors's Subdivision No. 324.
43:3 (13) That part of Lot 9, Auditor's Subdivision No. 324, described as commencing at the
northeast corner of Lot 7, Auditor's Subdivision No. 324; thence south along the east line
and its extension to a point 100 feet south from southeast corner thereof; thence east
parallel with the easterly extension of the south line of said Lot 7, a distance of 40 feet;
thence south parallel with the southerly extension of the east line of said Lot 7 a distance
of 50 feet; thence easterly parallel with the easterly extension of the south line of said Lot
7 to an intersection with a line running from a point in the north line of the southwest
quarter of the northwest quarter distant 653.3 feet east from the northwest corner thereof
to a point in the south line of southwest quarter of northwest quarter distant 650.6 feet east
from the southwest corner thereof; thence north along said line to north line of Lot 9;
thence west to beginning.
4 -177 072684
4.33 (14) That part of Lot 9, Auditor's Subdivision No. 324 described as commencing at a point in
the south line of Lot 9, distant 617.6 feet east from the southwest corner thereof; thence
East 320.65 feet along said south line; thence northerly 1330.5 feet to a point in the north
line of Lot 9 distant 975.2 feet easterly along said lot line from the west line of section;
thence westerly 321.9 feet along same; thence southerly 1325 feet to beginning. Except
all property lying southerly of the Old Dutch Pond easement described in Doc. No.
4459954.
4.33 (15) The North 203.6 feet of that part of Lot 9, Auditor's Subdivision No. 324 lying East of a
line running from a point in the North line of Lot 9 distant 975.2 feet East from the West
line of section to a point in the South line of Lot 9 distant 938.25 feet East from the
Southwest corner thereof.
4.33 (16) Lots 1 and 2, Block 7, Rockford Park Addition.
4.33 (17) The north 125 feet of Lots 1, 2, 3, 4, and 5, Block 2, Rockford Park Addition.
4.33 (18) The north 125 feet of Lots 1, 2, 3, and 4, Block 6, Rockford Park Addition.
4 33 (19) That part of Lot 10, Auditor's Subdivision No. 324 lying east of Maryland Avenue, south
of 42nd Avenue, west of Block 1, Rockford Park and north of 41st Avenue.
4,33 (20) Lots 1 - 5, Block 1, Rockford Park Addition.
............. ............................... (Ord. 90 -I1)
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4.34 EXTENT OF I -1 LIMITED INDUSTRIAL DISTRICT The following areas of the City shall
comprise the I -1 Limited Industrial Districts:
434 (1) That part of the southwest 1/4 of the northwest 1/4 of Section 6- 118 -21, lying south of the
Bass Lake Road, together with that part of the southwest 1/4 of Section 6- 118 -21 lying
south of the Bass Lake Road, together with all of the northwest 1/4 of Section 7- 118 -21,
except for that part of the southwest 1/4 of northwest 1/4 of Section 7 lying south of north
306 feet and lying westerly of Frontage Road, except for that part now platted as Lot 1,
Block 3, Science Industry Park.
4.34 (2) All of the north half of the northeast 1/4 of Section 7- 118 -21.
4.34(3) That part of the west 1 /z of the northeast 1/4 of the southwest 1/4 of Section 8- 118 -21 lying
westerly of Minneapolis, Northfield and Southern Railroad, west of Quebec Avenue and
south of 49th Avenue. (Code 072684)
4.34 (4) The west 461 feet of the southwest 1/4 of the northwest 1/4 of Section 17- 118 -21, together
with the northwest 1/4 of the southwest 1/4 of said section lying north of the following
described line: Commencing at a point on the west line of said northwest 1/4 of the
southwest 1/4, a distance of 526.55 feet north of the southwest corner thereof; thence east
to a point on the east line of said northwest 1/4 of the southwest 1/4 a distance of 527.4
feet north of the southeast corner thereof, except Lot 1, Block 1, Village Industrial Park,
and Lots 7 and 8, Auditor's Subdivision No. 324.
.............................. (Code 072684, Ord. 89 -6, 90 -8, 90 -11)
4.34(5) All that part of the southeast 1/4 of the southwest 1/4 of Section 17- 118 -21, lying west of
Tract "A" RLS No. 811, together with the west 1 /2 of the northeast 1/4 of the northwest
1/4 of Section 20- 118 -21.
1.1.E (6) That part of the northwest 1/4 of the northwest 1/4 of Section 20 -118- 21, lying west of
the east 651.63 feet thereof, except the north 396 feet of the west 650 feet, together with
that part of the southwest 1/4 of the northwest 1/4 of said section lying west of the
following described line: commencing at a point on the north line of said southwest 1/4 of
the northwest 1/4, a distance of 651.63 feet west of the northeast corner thereof; thence
south to a point on the south line of southwest 1/4 of the northwest 1/4 a distance of 650.5
feet west of the southeast corner thereof.
4.34(7) The southeast 1/4 of the southwest 1/4 of Section 20- 118 -21.
............... ............................... (Code 072684)
4.34(8) That part of the northeast 1/4 of the southwest 1/4 of Section 20- 118 -21, lying south of the
north 330 feet thereof, except Lots 1 and 2, Block 1, Kranz Addition.
....... ............................... (Code 072684, Ord. 94 -11)
434 (9) That part of the northwest 1/4 of Section 8- 118 -21, lying south of the Soo Line Railroad
right -of -way and west of the Minneapolis, Northfield and Southern Railroad right -of -way,
except the south 330 feet of the northwest 1/4 lying west of the east 1139.6 feet thereof.
................. ............................... (Ord.89 -6)
4 -179 072684
4.35 EXTENT OF 1-2 GENERAL INDUSTRIAL DISTRICT. The following areas of the City shall
comprise the 1-2 General Industrial District:
4.35 (1) The south 330 feet of the northwest 1/4 of Section 8-118-21, lying 145 feet west of the east line
of the SW 1/4 of the NW 1/4 thereof and lying 160 feet east of the west line of the SE 1/4 of
the NW 1/4 thereof.
.......................................... (Code 072684, Ord. 89-6)
4.35 (2) The east 651.63 feet of the northwest 1/4 of the northwest 1/4 of Section 20-118-21, except the
New Hope Terrace Addition.
.................................................. (Ord. 86-10)
4 � 35 (3) Lot 1, Block 3 Perry's Sprucewood Terrace and Lot 1, Block 3 Winnetka Hills 2nd Addition.
4.35 (4) Lot 5 Auditor's Subdivision No. 324.
4.35 (5) Lot 4, except the south 410.7 feet of said lot, Auditor's Subdivision No. 324.
................................................. (Code 072684)
4.35 (6) All of the southwest 1/4 of the northwest 1/4 of Section 17-118-21, lying east of the west 461
feet thereof, except for that part of Lot 9, Auditor's Subdivision No. 324 described in
subsections (12) through (14) of 4.33 of this Code.
... I ................. I ............. (Code 072684, Ord. 89-6, 90-11)
4 -180 072684
4.36 ADMINISTRATION - COST RECOVERY
4.361 Purpose The costs of the City in receiving, analysing, processing, hearing and final process
of requests of changes, modification, or special consideration under the New Hope Zoning
Code, such as requests for rezoning (area or text), conditional use permits, and variances are
considered to be unique to the applicant requesting such consideration, and it is the intent of this
section to provide that all costs of the City occasioned by such requests shall be borne by the
applicant. The reimbursement to the City shall be limited to actual costs of the City.
4.362 Basic Zoning Fee Each applicant shall pay a non - refundable Basic Zoning Fee at the time an
application is presented to the City for a zoning change of any nature, site and building plan
review, a conditional use, or a variance. This fee is intended to reimburse the City for its
normal Indirect Costs in similar, uncomplicated matters. If this fee proves to be insufficient
to cover such Indirect Costs, such additional Indirect Costs will be charged as a part of the
Zoning Deposit, or the Supplemental Zoning Deposit.
.................. I .................. (Code 072684, Ord. 83 -17 90 -2)
4.363 Zoning Deposit In addition to the non - refundable Basic Zoning Fee, each applicant shall pay
a Zoning Deposit in an amount prescribed in Chapter 14 of this Code at the time of application.
All Actual Costs including, but not limited to, planning, engineering and legal costs, incurred
by the City in the processing of the application shall be paid from or reimbursed to the City,
from the Zoning Deposit. Actual Costs not fully paid or reimbursed from the Basic Zoning Fee
shall be paid or reimbursed from this deposit or the Supplemental Zoning Deposit.
4.364 Supplemental Zoning Deposit At any time while the application is pending and before its final
conclusion, if the City Manager determines that the amount of the Zoning Deposit required by
4.363 of this Code is or is estimated to be insufficient to pay for present or anticipated Actual
Costs of the application, a Supplemental Zoning Deposit shall be required by the City Manger
to be paid by the applicant. The one or more Supplemental Zoning Deposits shall be in an
amount sufficient to pay all Actual Costs of the City.
............... ............................... (Ord. 83 -17, 88 -5)
4.365 Refunds - Indirect Costs The Basic Zoning Fee intended to cover Indirect Costs is
non - refundable.
4.366 Refunds - Direct Costs If the Direct Costs of the City in processing the application are less
than the amount of the Zoning Deposit and any Supplemental Zoning Deposit, any such
coverage shall be refunded to the applicant upon the conclusion of the proceedings, and any
such costs in excess of the Supplemental Zoning Deposits on hand with the City shall be paid
by the applicant prior to completion of the proceedings by the City.
................... ............................... (Ord. 83 -17)
4.367 Enforcement This Zoning Code shall be administered and enforced by the Building Official
who is hereby designated as the Zoning Administrator. The Building Official may institute in
the name of the City of New Hope any appropriate actions or proceedings against a violator.
4 -181 072684
4 - 182 072684