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13. Zoning Ordinance Amendment to Allow Metal Buildings in Bus Office and Industrial Office Park Dist. I1 CITY OF i _ tr CHANHASSEN 1 � � 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317 1 _ (612) 937-1900 MEMORANDUM Action by Ctty Admtnt,tr?*n? I t•aLr� o_ TO: Don Ashworth, City Manager m uw.,1"�____ 1 FROM: Barbara Dacy, City Planner z<<n�..,71?lPe .__._- Date SJro, ti d :o t ,,„ „-.I, , DATE: June 23 , 1988 I SUBJ: Zoning Ordinance Amendment - Metal Buildings _ -I/z./_ ,,., BACKGROUND IThe City Council at the March 14, 1988 , meeting recommended that the proposed ordinance regarding metal building construction in I the office, commerical and industrially zoned districts be further researched. At that time, this ordinance amendment was part of a larger ordinance which affected a number of items in the Zoning Ordinance. Because of the complexity of this issue, 1 staff has proceeded to create a separate ordinance for this item. ANALYSIS IThe issue the Council needs to decide is whether or not the city wants to have a total prohibition against metal buildings or to I allow metal buildings such as Bernie Hanson' s proposal. Attached is a memorandum from the City Attorney regarding his recommen- dation. I As to the first option for a total prohibition of metal buildings, staff tends to agree with the City Attorney' s beliefs as well as others in the construction industry that metal has I become a popular exterior for roof and wall systems. When pro- perly used, metal buildings do not necessarily look like pole buildings and are in fact different from pole buildings. Further, the original intent of this amendment process ( initiated I by the Planning Commission) was to prohibit pole barns and to maintain a high quality of construction in commercial and industrial areas . This did not necessarily mean total prohibi- 1 tion of metal or use of metal exteriors (Bernie Hanson approval) . Therefore, staff recommends the Council create an ordinance which allows some type of metal construction like Bernie Hanson' s pro- posed posed building but write the ordinance in such a way that it would prohibit pole buildings. I II ".�.._..:• ,�.. "rig v. �s;ti k: Mr. Don Ashworth 11 June 23, 1988 Page 2 i The Chaska ordinance is a good example of what staff feels the Council is trying to accomplish. Based on the above analysis , staff has prepared a proposed ordinance using the City of Chaska' s ordinance as a guide and using excerpts from the Lakeville ordinance as recommended by the Attorney. RECOMMENDATION Staff recommends the City Council approve the following language ' for first reading to create Section 20-902 as follows: Section 20-902, Building Construction in Business Office and ' Instutitional and Industrial Office Park Districts. The intent of these regulations is to avoid the type of construc- tion and building materials commonly known and referred to as pole barns or pole buildings . Pole buildings shall be defined as buildings where wood poles or timbers are the primary support of the roof system and form the foundation structure. ( a) The provisions of this section shall apply to all new struc- tures including additions and remodeling and to all new developments located in the Business, Office and Institutional, and Industrial Office Park Districts. ( b) Buildings in the Business, Office and Institutional and ' Industrial Office Park Districts shall maintain a high stan- dard of architectural and aesthetic compatibility with surrounding properties . To ensure that all new construction will not adversely impact the property values of the abutting properties or adversely affect the community' s public health, safety and general welfare, all buildings must be in compliance with this ordinance and Uniform Building Code. (c) Exterior building finishes shall consist of materials ' comparable in grade and quality to the following: 1 . Brick i 2 . Natural stone 3 . Pre-cast concrete units and concrete block provided that ' surfaces are molded, serrated examples, or treated with -�- • a textured material in order to give the wall surface a three dimensional character. 4 . Wood, provided surfaces are finished for exterior use and only woods of proven exterior durability such as cedar, I redwood and cypress. • IIMr. Don Ashworth June 23 , 1988 I Page 3 5 . Curtain wall panels of steel, fiberglass , aluminum I ( non-structural, non-load bearing) , provided such panels are factory fabricated and finished with a permanent durable nonfade surface and their fasteners are of a I corrosion resistant design and provided further that no more than 1/3 of the wall surface abutting a public street or adjacent to a residential or public area consist of such panels . I6 . Glass curtain wall panels . ,I (d) The following exterior building finishes are prohibited: 1 . Face materials that rapidly deteriorate or become unsightly such as galvanized metal, unfinished structural I clay tile and metal panels not factory finished with a permanent surface. I 2 . Buildings where wood poles or timbers are the primary sup- port for the roof system and form the foundation struc- ture (provided that wood foundations shall be permissible) . I 3 . Sheet metal, plastic or fiberglass siding. IATTACHMENTS I 1 . Letter from Roger Knutson dated May 11, 1988 . 2 . Memo from the City of Lakeville including other communities ' ordinances . II3 . City Council mintues dated March 14, 1988 . MANAGER' S COMMENTS ITo date, Chanhassen has had good developers which, by their actions (Opus) or the City' s redevelopment policies , have not I permitted unsightly metal building construction. Metal buildings having a quality alluded to by the Council during discussion, appear to produce cost factors approaching masonry. A City does not have to protect itself against a good developer. However, we I do need to have the tools available to protect ourself against those who may not have their neighbors/community in mind. Again, our builders , to date, have weighed the cost of good metal ..-. . I building construction ( finishes/support/R ratings) and have concluded that normal construction materials were better for their proposed buildings (Redmond Products , Lyman Lumber, IKlingelhutz building in Burdick Park, etc. ) . Council members may be aware of the fact that this office Iendorsed the construction techniques for the medical facility, II - — ,)ir- etr'-v5. �.bs.rc: :9-, `f 3 ZOA - Metal Buildings June 23 , 1988 Page 4 ' Saddlery, and most recently, Bernie Hanson' s building - all on West 79th Street. The close proximity of the buildings , railroad tracks, and minor , if non-existent, parking on the sides has given that area the opportunity to have metal buildings which are unobtrusive. In each instance, a front facia was designed and installed making it very difficult for the average person to know that the building is a metal structure. Compare the above buildings to those many of us have seen as we have traveled through the farm communities in Minnesota. In almost all cases, facias have been installed on the commercial/ industrial buildings. However, it is the expansive depth of the building which is the first thing that catches the eye of the passer-by. In many cases, the parking areas are also on the side and/or in the rear. You do not even notice the attractiveness of the front because you are stunned by the appearance of the length of the building. A good expample of what I am referring to can be seen on any trip down West 78th Street. It is the long metal expanse of the Riviera which catches a motorist' s eye from 300 feet away and, by the time you reach the front portion of the building, you seldom notice the front facia. If Mr. Roos had the opportunity to construct his storage facility as a metal struc- ture, I am sure that he would have. Such would have been a mistake. Similarly, Mr . Burdick has stated that he was very close to signing a tire sales/service center, muffler replacement center, and car dealership on his properties on West 78th Street. These properties have high visual impact from West 78th Street, Powers Blvd. , and TH 5 . Similarly, lots on the south side of TH 5 (between TH 5 and Lake Drive East) have high visibility from both of those roadways . Land uses going to the east of McDonald' s will, in all likelihood, have frontage on Lake Drive East with primary parking being on the east, west and north sides (similar to McDonald's ) . Even if a facia design were placed on both the Lake Drive East side as well as TH 5 side, it would be the depth of the building which would catch the passer-by' s eye and form the primary detraction for visitors to our City as well as patrons. Each of the groups of lots noted above represent primary entry areas into our community. As stated earlier, a City does not need to protect itself against good developers . A City does need to protect itself against developers who do not care about their neighbors or community. I believe the ordinance, as drafted, gives the City few protections . Metal buildings are allowed within the farming area, as a part of contractors yards, and in the business fringe areas . I sincerely believe that we do provide incubator settings for businesses needing $2 .00 to $3 .00 ' per sq. ft. building costs . To allow for potential bad develop- ment on lots dotting our entry areas cannot be supported. Redrafting the ordinance to only allow metal building construc- tion as a part of farm operations, contractors yards , and within II the BF District is recommended. (;)6? C. LAW OFFICES GRANNIS, GRANNIS, FARRELL & KNUTSON IDAVID L. GRANNIS- 1874-1961 PROFESSIONAL ASSOCIATION TELECOPIER. DAVID L. GRANNIS,JR.- 1910-1980 POST OFFICE BOX 57 (612)455-2359 I 403 VANCE B. GRANNIS NORWEST BANK BUILDING DAVID L. HARMEYER VANCE B. GRANNIS,JR. 161 NORTH CONCORD EXCHANGE ELLIOTT B. KNETSCH PATRICK A. FARRELL MICHAEL J.MAYER DAVID L. GRANNIS,III SOUTH ST PAUL, MINNESOTA 55075 TIMOTHY J.BERG IROGER N. KNUTSON TELEPHONE(612)455-1661 May 11 , 1988 I Ms. Barbara Dacy, City Planner I Chanhassen City Hall 690 Coulter Drive, Box 147 Chanhassen, Minnesota 55317 IRE: Building Exteriors Dear Barb: IEnclosed is a memo I have in my file on this subject along with Lakeville' s ordinance. The Twin Cities has many very attractive glass and metal high-rise office buildings, so I can' t believe "metal" per se is the problem. I think the Lakeville ordinance handles the problem fairly well. If you want to check I on how it works in operation, I suggest you call Jim Robinette, the City' s Community Development Director, at 469-4431 . y ly yours, IG'ANNI , GRANNIS, FARRELL 1UTSON, P IBY:' /' ��2 � RNK: srn / _ Rog- � ="tson IEnclosures I I I I MAY 1. 2 1988 CITY OF CHANhASSLIV I I 4. � • 4, 1, ( C NORTHWEST ASSOCIATED CONSULTANTS INC. 1 MEMORANDUM 1 TO: Jim Robinette 1 FROM: Alan Brixius DATE: 10 May 1984 RE: Lakeville Zoning Ordinance - Metal Buildings 1 FILE NO: 336.00 1 BACKGROUND The •Lakeville City Council enacted a moratorium on metal building construc- tion on April 16, 1984 to provide an opportunity to study this community issue and determine the appropriate means of regulating the construction of this type of building. Metal and fiberglass building construction has become a controversial issue for a number of communities. These buildings are generally low value con- • struction when compared to buildings constructed of concrete or brick, and do not provide the aesthetic quality found in buildings constructed of other materials. The Dakota County Assessor in a conversation with Lakeville City Admini- 1 strator indicated that the Assessor's office uses a manual prepared by Marshall and Swift Company for determining values of commercial and industrial buildings. He indicated that the life span of metal buildings is about 20 to 25 years, as opposed to a 40 year life span on concrete, brick, and precast buildings. The long term values on metal buildings is less than the other type construction according to the Dakota County Assessor. 1 Mr. Maynard Johnson spoke to the City Administrator and indicated that he recently toured the Airlake Industrial Park with a representative of Thorpe Financing Company. The Thorpe representative commented that Airlake is an above average industrial park and one of the reasons for this is that there are only three metal buildings in the industrial park. Mr. Johnson also indicated that lending institutions will not finance as large a percentage of building costs for metal buildings as compared to a building of brick or concrete and that the Internal Revenue Service allows for a faster depreciation on metal buildings than other types of construction. The trends suggest that the long-term value of the metal building is not as great as that of concrete or brick structures. 1 4820 minnetonka boulevard, suite 420 minneapolis, mn 55416 612/925-9420 ' ■ Jim Robinette 10 May 1984 Page Two • ' The following table provides a general comparison of construction cost between metal building construction and masonry buildings. The cost estimates are ' provided by the 1981 Dodge Construction Systems Costs. Construction costs have not changed dramatically since 1981. Except for the aluminium frame curtain walls, each of the metal construction types cost less than masonry construction. CONSTRUCTION COST COMPARISON METAL VS. MASONRY ' Metal Cost Per Sq.Ft. ' Metal Facing Panel Baked Enamel Single Skin $2,93 Double Skin 4.82 Aluminium Corrugated 32 Gauge Painted 2.81 Galvanized Corrugated Insulated Painted 24 Guage Steel 2.28-3.13 Aluminium Frame, Curtain Wall Insulated 50% Glass 12.12 Masonry. 12" Block Wall 4.17 8" Block Wall With Stucco 5.40 ' Brick 4" Facing Brick 4" Common Brick 8.24 Reinforced 10.24 10" Stone and Block Wall 14.52 Poured Concrete Wall 7.39 Precast Concrete Panel Plain Finish 9.44 SOURCE: 1981 Dodge Construction System Costs Aside from the concern for property values is the issue of building aesthetics. II 4- While this issue varies with personal taste, it does present a concern when addressing building construction. High quality, aesthetically pleasing development promotes new development of similar nature. The construction of metal buildings in areas where high quality commercial and industrial develop- ment exists or is planned, raises a number of concerns for aesthetic compatibility. ' To promote high quality, high value development that is aesthetically pleasing, contributes to the community tax base and promotes a positive community image, many communities have established building construction guidelines. Mr. -� Patrick McGarvey has gather ordinances from several neighboring communities that regulate the type of building construction. These ordinances are attached to this report for your review. Jim Robinette 10 May 1984 Page Three Review of these ordinances indicate that a number of cities have chosen to totally prohibit metal and fiberglass walled buildings within business and industrial districts. Other communities allow metal buildings, however, they II required walls fronting on public right-of-way or abutting residential districts to have exterior wall finishes that are other than metal . These regulations are intended to provide an attractive, aesthetically compatible development and to promote high quality , high value commercial and industrial development. Attached is a draft ordinance amendment intended to regulate building type and construction in Lakeville. In formulating this draft, we have used the ordinances II collected from other communities, as well as the comments and suggestions of other City staff members in an attempt to tailor an ordinance for Lakeville's needs. Section 11.4 1) General Provisions These provisions are intended to give a clear understanding of what building materials are prohibited and what are permissible within the City of Lakeville. Section 11.4 2) Residential Districts a) This provision is intended to allow for the small Montgomery Ward metal utility sheds, yet it still prevents the construction of large metal accessory buildings and garages that may be architecturally out of character with residential neighborhoods. This provision excluded the agricultural and large lot residential district where larger metal accessory buildings would be less obtrusive. The wording of this provision is intended to provide some design coordina- tion between the principal building and accessory buildings on a residential lot. We have attempted to use general terms to allow for some flexibility in this ordinance in an effort to provide some design coordination without II requiring the exact duplicationof building materials in between the principal and accessory buildings. The problem we are attempting to avoid is requiring stucco garages with stucco houses or brick garages with brick houses, which are extordinarily expensive when a garage of a different construction material may be aesthetically appropriate. b) This provision addresses the nonresidential uses that are allowed in residential districts by conditional use, such as school , churches, public buildings, recreational uses. The uses may require the large storage buildings as an accessory use to their principal operation. This provision would allow these uses to use finished metal buildings for the accessory buildings as a conditional use. - .-♦ .- �... .wR-r....',4.. _.. s.:_ cr.:.�=.ilk s. C Jim Robinette 10 May 1984 Page Four ' These conditional uses are generally located on lots larger than the residential uses. The large lot area and required screening and land- scaping should provide sufficient protection for surrounding residential properties. Commercial Districts As per Pat McGarvey's suggestion, this provision totally prohibits metal and fiberglass buildings within all commercial zoning districts and the Interstate ' Corridor District. No exceptions are made for commercial accessory buildings with metal or ' fiberglass siding. The ICD District has been expanded to include all land parcels that are dissected by the ICD boundary. The intent of this provision is to prohibit metal building construction within view of the interstate. Industrial Districts '' Metal and fiberglass panel buildings are allowed in the "B-W" and "I" districts, provided the walls fronting on public right-of-ways and residential districts are faced with building materials other than the finished metal or fiberglass. This provision does allow 30% of the finished metal or fiberglass wall if it is coordinated with the architectural design. The 30% standard can be adjusted ' if it is felt to be too liberal or restrictive. Accessory buildings in the Industrial District are exempt from the wall treat- ment requirements provided they are located behind the principal structure and screened from view from public right-of-ways and residential districts. II Section 21 of the Lakeville Zoning Ordinance requires all building and site plans for multiple family, commercial , and industrial construction to be reviewed by the Planning Commission and approved by the City Council . The provisions ' regulating building type and construction will be enforced during this review process. I y .. ix I/ Jim Robinette 10 May 1984 Page Five , A comparison of the proposed Lakeville draft regulations with those of Bloomington and Burnsville indicate that the metal building prohibition in commercial districts are similar. The Lakeville draft is less restric- tive in regard to industrial development. While both Burnsville and Bloomington maintain a total prohibition of metal buildings in their industrial districts, the Lakeville Ordinance will allow metal buildings in the industrial area , provided walls fronting public rights-of-way and residential districts are faced with a building material other than metal or fiberglass. Other cities have effectively implemented these types of regulations. Review of the attached ordinances from other cities indicate that there are more restrictive ordinances in effect than what is being proposed for Lakeville. In review of the proposed draft, consideration must be given to its applica- tion within Lakeville. As a draft, it should be discussed and modified to reflect City goals. cc: Patrick McGarvey ' Roger Knutson • 1 1 1 ,alb REVISED 5/9/84 ORDINANCE NO. CITY OF LAKEVILLE DAKOTA COUNTY, MINNESOTA AN ORDINANCE AMENDING ORDINANCE NO. 167, BEING THE ZONING ORDINANCE OF THE CITY OF LAKEVILLE. THE CITY COUNCIL OF THE CITY OF LAKEVILLE HEREBY ORDAINS: Section 1. That Section 11.4 of Ordinance No. 167 is hereby amended to read as follows : ' 11.4 Building Type and Construction 1) General Provisions a) No galvanized or unfinished steel or unfinished aluminium buildings, except those specifically intended to have a corrosive designed finish such as corten steel shall be permitted in any zoning district, except in association with farming activities. b) Buildings in all zoning districts shall maintain a high standard ' of architectural and aesthetic compatibility with surrounding properties. To insure that all new construction will not adversely impact the property values of the abutting properties ' or adversely impact the community's public health, safety, and general welfare, all buildings must be in compliance with this Ordinance and the Uniform Building Code. Exterior building finishes shall consist of materials comparable in grade and quality to the following: (1) Brick (2) Natural stone (3) Concrete block I (4) Cast in place concrete or precast concrete panels (5) Wood, provided the surfaces are finished for exterior use and wood of proven exterior durability is used, such ' as cedar, redwood, cypress. (6) Curtain wall panels of steel , fiberglass and aluminium, (nonstructural , nonload bearing) , provided such panels are factory fabricated and finished with a permanent durable ' nonfade surface and their fasteners are of a corrosion resistant design (7) Glass curtain wall panels •� t2) "R", Residential Districts a) Except in the A-P, R-A, and R-1 zoning districts , all accessory buildings in excess of one hundred fifty (150) square feet that are accessory to residential dwelling units shall be constructed with a design consistent with the general character of the ' principal structure on the lot. EXHIBIT A ' LAKEVILLE DRAFT ORDINANCE b) Nonresidential uses allowed in the "R" districts may have an all metal or fiberglass accessory building in excess of the one hundred fifty (150) square feet by conditional use, provided the I building is located in the rear yard and is screened and landscaped from abutting residential uses and public right-of-ways in accor- dance with Section 9.7 of this Ordinance. 3) "B" and "CBD-C" Business Districts and Interstate Corridor District a) All buildings constructed in a commercial zoning district and the Interstate Corridor Districts shall be finished on all exterior walls with the following permanent finish materials: brick, stone, wood, architectural concrete cast in place, pre-cast concrete panels, and/or concrete block. New building construction and design should be architecturally and aesthetically compatible with the other development throughout the district. No building shall be I constructed of sheet or corrugated steel , aluminium, asbestos or fiberglass within a commercial zoning district or the Interstate Corridor District. b) For the purpose of this section of the Ordinance, the ICD shall be expanded to include all lots , parcels and tracts of land that are dissected by the ICD District Boundary. . 4) Industrial Districts a) In the BW and Industrial Districts, all principal structures constructed of curtain wall panels of finished steel , aluminium or fiberglass shall be required to be faced with brick, wood, stone, architectural concrete cast in place or pre-cast concrete panels on wall surfaces abutting a public right-of-way, residential uses, or public areas. The required wall surface treatment may allow a maximum of 30% of the metal or fiberglass wall to remain exposed if it is coordinated into the architectural design. b) In Industrial Districts, accessory buildings shall be exempt I from Section 11.4 3) a) , provided the accessory building is located in the rear yard and the building is screened and landscaped from abutting public right-of-ways and residential districts. Section 2. This Ordinance shall be effective immediately upon its passage and publication. ADOPTED THIS DAY OF 19 CITY OF LAKEVILLE BY: Duane R. Zaun, Mayor ATTEST: Patrick E. McGarvey, City Administrator svetA • TO: City Council FROM: City Administrator `‘ 1ga� DATE: April 6, 1984 ' SUBJECT: INFORMATION ON METAL-TYPE BUILDINGS FROM SOME NEARBY COMMUNI- TIES, THE COUNTY ASSESSOR, AND AIRLAKE DEVELOPER ' I have contacted city officials in Eden Prairie, Edina, Bloomington, and Burnsville to date regarding ordinance requirements either allowing or prohibiting metal buildings in those communities. Their zoning ordi- nances have the following provisions with regard to metal buildings. ' EDEN PRAIRIE. No metal buildings are allowed in any zone in the City of Eden Prairie for any use with the exception of agriculture buildings. They also do not allow non-decorative painted concrete block in any of their commercial or industrial zones. They require roof-top heat and air conditioning units to be screened with material compatible to the materials used on the buildings. A copy of their zoning ordinance provisions on these matters is being mailed to us. EDINA. The zoning ordinance requires that all commercial or industrial buildings must have face brick, natural stone, or precast concrete if the surface is treated with an applied material such as small decorative type stone. Metal frame buildings can be used provided the exterior is covered by the above types of materials. Their policy on all mechanical equipment on roofs is that it must be screened from all lot lines and streets at a height of not less than five feet nor more than ten feet ' for the screening that is on the roof of the building. A copy of their ordinance provisions is being mailed to us. y BLOOMINGTON. No metal skinned buildings are allowed. Roof top mechani- ' cal must be screened. A copy of their zoning ordinance provisions on these matters is being mailed to us. ' BURNSVILLE. Under their new building performance standards no metal or aluminum sided commercial or industrial buildings are allowed. Copy of their ordinance is being sent to us. ' I contacted Seymour Olson, Dakota County Assessor, and he advised me that they use a manual prepared by Marshall and Swift Company for determining values of commercial and industrial buildings. He indicated ' that the life span of a metal building is about 20 to 25 years. In his opinion they have begun deteriorating in appearance and/or condition by then. The life span on concrete, brick, and precast buildings is 40 ' years. The long term values on metal buildings is less than the other • type construction, according to Mr. Olson. On Wednesday I had lunch with Maynard Johnson concerning development EXHIBIT B CITY ADMINISTRATOR REPORT projects he sees forthcoming in Airlake Park. During the course of our conversation we were discussing the various types of industrial building construction. He indicated to me that he had recently taken a represen- tative from Thorpe Financing Company through the park on an inspection of the park and buildings in Airlake Industrial Park. He stated that the gentleman made the comment that Airlake was an above-average industrial park and one of the reasons that it is is that it only has three metal buildings within it. He also told me that lending institu- tions will not lend as high of percentage of the building cost on a metal building compared to a brick, or concrete type, and that the I.R.S. allows much faster depreciation on the metal building, which tells you something about their long term value. When the ordinances and information that is being sent to us arrives copies of it will be forwarded to the council. Attached is a copy of the ICD zoning district provisions in our zoning ordinance beginning with page number 130, Section 44. Please note paragraph number 11 on page 131. Respe fu Patrick E. McGarvey City Administrator/Clerk Attachment I 1 1 1 2 1 . ( .17 • CHAPTER 19 ' MINIMUM REQUIREMENTS IN ALL BUSINESS DISTRICTS SECTION : 10-19-1 : Special Minimum Requirements in All "B" Districts 10-19-2 : Performance Standards Related to Specific Permitted and Conditional Uses in All "B" Districts 10-19-1 : SPECIAL MINIMUM REQUIREMENTS IN ALL "B" DISTRICTS: A . Buildings shall be finished on all sides with permanent fin- ished materials of a quality consistent with the standards set ' in the district in which it is located. Exterior wall surfaces shall be face brick or stone . Wood , architecturally treated concrete , cast-in-place on precast panels , or decorative block if incorporated in a building design which is compatible with other development throughout the district may also be used. No building shall be constructed of sheet aluminum, asbestos , iron , steel or corrugated aluminum. B. At least twenty-five (25%) percent of the land area shall be landscaped with grass , approved ground cover , shrubbery and trees . At least three ( 3%) percent of the land area within a parking area shall be landscaped. (I) The following minimum sizes shall be required at the time of planting: Overstory Deciduous Trees 21 inches in diameter Ornamental Trees 12 inches in diameter Coniferous Trees 6 feet tall Major Shrub Plantings 5 gallons C . All trash and trash handling equipment shall be stored within the principal structure , within an attached structure acces- IBible from within the principal structure , or totally screened '" from eye-level view from public streets and adjacent residen- tial properties . If accessory structures are proposed , they ' shall be constructed of the same building material as the prin- cipal structure and be readily served through swinging doors . D . Design and maintenance of off-street parking areas in accord- , ante with § 10-7-26(D) of this ordinance. E . Garages , accessory structures , screen walls and exposed areas --- I of retaining walls shall be of a similar type , quality and appearance as the principal structure. F . The ground level view of all mechanical utilities shall be completely screened from contiguous properties and adjacent ' S" streets , or designed to be compatible with the architectural treatment of the principal structure . ' EXHIBIT C BURNSVILLE ORDINANCE -106- IS) 2 . Each manufactured home park shall maintain a hard surfaced II off-street parking lot for guests of occupants of at least one ( 1 ) space for each five ( 5) coach sites . 3 . Access drives off roads to all parking spaces and manufac- I tured home sites shall be surfaced with concrete , bitum- ' inous , or approved equivalent according to specifications established by the City. ' G. Utilities : 1 . All manufactured homes shall be served by a public water and sanitary sewer system. 2 . All utilities shall be underground. There shall be no over- I head wires or supporting poles except those essential for street or other lighting purposes . 3 . Access shall be provided to allow the inspection of plumb- ing, electrical facilities and related mobile home equip- ment . I H. The park shall have a street lighting plan approved by the City. I . All manufactured home parks shall have at least ten ( 10%) per- I cent of the land area developed for recreational use (tennis courts , children ' s play equipment , swimming pool , golf green, etc . ) developed and maintained at the owner/operator ' s expense. • 1 City of • BURNSVILLE Mark Lawler • Zoning Enforcement Inspector ' 1313 E. Hwy. 13 Burnsville, MN 55337 Office-612/890-4100 -105- IG. There shall be no outdoor storage of either materials or prod- • ucts , except through the issuance of a conditional use permit. ' H. External loading and service areas must be completely screened from the ground level view from contiguous residential or com- mercial properties and adjacent streets , except at access ' points . I . Wherever a "B" Business District abuts , or is across the street ' from an "R" Residential District , a fence or compact evergreen hedge , not less than 50% opaque , nor less than six ( 6 ' ) feet in height , except adjacent to a street where it shall be not less than three ( 3 ' ) feet nor more than four (4 ' ) feet in height , ' shall be erected and maintained. J. All structures shall be compatible with other structures in the • ' area. K. The light from automobile headlights and other sources shall be screened whenever it may be directed onto adjacent residential windows . 10-19-2: PERFORMANCE STANDARDS RELATED TO SPECIFIC PERMITTED AND CONDITIONAL USES IN ALL "B" DISTRICTS A. No limit shall be placed on the height of buildings in "B" ' Business Districts except that any building exceeding twenty- five ( 25 ' ) feet in "B-1" District , or thirty-five (35 ' ) feet within any other "B" District , shall be by a conditional use ' permit. B. Motor fuel stations shall be subject to the following standards: 1 . The total height of any overhead canopy or weather protec- tion shall not exceed twenty ( 20 ' ) feet in height . I 2 . Open storage of motor vehicles shall not be permitted for a period of more than forty-eight (48 ) hours and then only if it is screened. ' 3 . No sales or rental of motor vehicles or trailers or campers shall be permitted. ' 4 . All goods for sale by a motor fuel station convenience store other than petroleum based products required for the operation and maintenance of motor vehicles shall be dis- Iplayed within the principal motor fuel station structure . 5 . Each motor fuel station shall be compatible with the area in which it is located. 6 . A minimum ten ( 10 ' ) foot landscaped yard shall be planted F•� and maintained behind the property line along all public ' -107- • C streets . A landscaped yard not less than five ( 5 ' ) feet wide shall be maintained along exterior property lines . 7. Fuel pumps shall be located at least thirty ( 30 ' ) feet from a property line . C . Restaurants shall be subject to the following standards : 1 . A proposed restaurant shall be specifically identified as a II fast food cr standard restaurant . 2 . No restaurant shall be allowed on a parcel of less than 1 .5 I acres . 3 . A minimum of thirty ( 30%) percent of the site shall be ., developed and maintained as landscape areas with appro- priate species to provide year round interest . I 4 . Where possible , all outside parking spaces shall be located to the side and/or rear of the restaurant . D . Office-warehouse facilities shall be subject to the following standards : 1 . The facility must front on and have direct access onto a minor arterial or higher classification level street . 2 . No such use shall be allowed in an area where noise associ- ated with loading activities will have an adverse impact on adjacent residential areas . 3 . Each office-warehouse building shall be architecturally designed and constructed with permanent finish building materials so as to be compatible with adjacent development II and the City' s building standards . The overall appearance of the building shall be that of an office rather than a warehouse . 4. The allowable percentage of floor area devoted to the office function shall be established at the time of approval and ample space be allotted on the site to accom- II modate the parking area required to service it. 5 . To the maximum extent feasible , loading and service areas should be screened from public view and service traffic separated from employee/visitor traffic . Whenever such developments abut residential districts , their interior road patterns shall be arranged in such a way as to route service vehicle traffic away from residential neighborhoods. E . Buildings containing a bowling alley , electronic game room 1! containing six or more electronic games , billiard room, pool -108- • *t.:": room, skating rink , night club , liquor store or fraternal organ- ization shall not be located within one hundred ( 100 ' ) feet of any "R" District . ' F. Multiple tenant retail sales and service facilities shall be subject to the following standards : ' 1 . The physical design may include more than one building. If there is an open space between two ( 2) buildings , the space shall not be less than one-half (z) the sum of the heights ' of the two ( 2) buildings . 2 . No building shall be nearer than sixty (60 ' ) feet to any ' exterior lot line except when abutting or across the street from an "R" District in which case the minimum setback distance shall be 100 feet . ' 3 . The design shall include adequate internal circulation • drives not less than twenty-four (24 ' ) feet in width which are exclusive of the required parking area . 4 . The driveway curb cuts to the development shall not exceed twenty-six ( 26 ' ) feet in width and be located not less than Isixty (60 ' ) feet from all intersecting streets . f]) I • 1 Iii • -109- CHAPTER 23 INDUSTRIAL DISTRICTS SECTION: ' 10-23-1 : Special Minimum Requirements in All "I" Districts 10-23-2 : -Accessory Retail Uses Minimum Requirements 10-23-3 : Retail Sales as a Conditional Use Minimum Requirements 10-23-1 : SPECIAL MINIMUM REQUIREMENTS IN ALL "I" DISTRICTS : ' A . Buildings shall be finished on all sides with permanent fin- , ished materials of consistent quality. Exterior wall surfaces shall be face brick or stone . Wood , architecturally treated concrete , cast in place or precast panels , or decorative block if incorporated in a building design which is compatible with II other development throughout the district may also be used. No building shall be constructed of sheet aluminum, asbestos , iron , steel or corrugated aluminum. B . At least twenty-five ( 25%) percent of the land area within industrial lots which are located around the perimeter of indus- trial areas and viewable from major arterial roadway corridors shall be landscaped with grass , approved ground cover , shrub- bery and trees . At least fifteen ( 15%) percent of the land area a;=r within industrial lots located in the interior of industrial areas shall be so landscaped. At least three (3%) percent of the surface area of land within a parking area shall be land- scaped. The following minimum standards shall be required: Overstory Deciduous Trees 22 inch diameter Ornamental Trees 12 inch diameter Coniferous Trees 6 feet tall Major Shrub Plantings 5 gallons C . All trash and trash handling equipment shall be stored within the principal structure , within an attached structure acces- sible from within the principal structure , or totally screened , from eye-level view from public streets and adjacent residen- tial or commercial properties . If accessory structures are proposed , they shall be constructed of the same building mater- II ial as the principal structure and be readily served through swinging doors . D. Design and maintenance of off-street parking areas in accord- ' ance with § 10-7-26 D of this ordinance. E . Garages , accessory structures , screen walls and exposed area of retaining walls shall be of a similar type , quality and appear- ance as the principal structure . -120- • 11 ' ' ' 1 Lot Area 20 , 000 sq. ft. Lot Width 100 ft. 1 Setback--Principal Structure Front Yard 30 ( 30) * ft. 1 Side Yard 10 ( 30) 'Side Yard 30 ( 30) • Rear Yard 30 ( 30) 1 Setback--Accessory Structure Front Yard 30 ( 30) * f t. 1 Side Yard 10 ( 30) ft. Side Yard 30 ( 30) ft . Rear Yard 30 ( 30) ft. 1 Setback--Parking • 1 Front 10 ( 10) ft. Side Interior 5 ( 10) ft . Street Side 10 ( 10) ft. 1 Rear Yard 10 ( 10) ft. - Setbacks in parentheses apply adjacent to R-1 , R 1A and R-2 Districts 1 *30 feet or 12 times the building height whichever is greater 1 1 I- I • 1 1 I 1 1 -119- . , --.watAi a� • {'? F . The ground level view of all mechanical utilities shall be completely screened from contiguous properties and adjacent streets , or designed to be compatible with the architectural treatment of the principal structure. G . Outdoor storage of materials or products may be authorized by conditional use permit. ' H. All external loading and service areas accessory to industrial buildings must be completely screened from the ground level view from contiguous residential or commercial properties and adjacent streets , except at access points . I . Wherever •an "I" District abuts or is across the street from an "R" Residential District , a fence or compact evergreen hedge , • not less than eighty ( 80%) percent opaque , nor less than six ( 6 ' ) feet in height , except adjacent to a street where it shall II be not less than three ( 3 ' ) feet nor more than four (4 ' ) feet in height , shall be erected and maintained. J . There shall be no limit placed on the height of buildings in "I" Industrial District , except that any building in excess of forty-five (45 ' ) feet shall be by conditional use permit. ta. K . All structures shall be compatible with other structures in the area . I L. The light from automobile headlights and other sources shall be screened whenever it may be directed onto adjacent residential windows . , 10-23-2 : ACCESSORY RETAIL USES WHERE ALLOWED SHALL BE SUBJECT TQ THE FOLLOWING MINIMUM REQUIREMENTS : A . Retail sales of products stored or manufactured on the site shall be allowed. A maximum of twenty ( 20%) percent of the • floor area of the space occupied by the particular business up to a maximum of eight hundred fifty ( 850) square feet may be used for retail sales purposes . Single structure leasing to more than five ( 5 ) tenants under separate leases shall have not more than ten ( 10%) percent of the total building area devoted to retail space as an accessory use . B . Parking as required for retail in this ordinance shall be pro- vided in addition to that required for the principal use . C . No sign or display in excess of four (4) square feet shall be placed on or off the property advertising the existence of the retail sales facility. D. If excessive on-street parking of vehicles occurs , the sales , shall cease cr be reduced to the level that the off-street parking can accommodate . • -121- ' E . Any wholesale storage or manufacturing principal use may not aYi have a sale more often than once per calendar year not to exceed three ( 3 ) days in length . 10-23-3 : RETAIL SALES AS A CONDITIONAL USE WHERE ALLOWED SHALL BE SUBJECT TO THE FOLLOWING MINIMUM REQUIREMENTS : ' A . Sales area shall be a minimum cf ten thousand ( 10 , 000 ) square feet . ' ' B. Off-street parking and loading shall be provided as required for retail uses in this ordinance. I ' . 1 ii I -122- ' • . . . ...• . t . • • , 0•,+., 1.4'1•••!:.".':;',i- -" - -- , . . i . .. s..'1 ,,,,•,., ..u. '..„:,' ,',., ',,, ,',..1,,,,,.,1::,1 I.,::..y,.;),,1,1,..;;;;!•::i.' 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'.• ,'. ,.,.....1,.• • ...-K N.,-.4....111.,.-1'11 I.7 •:,:.1 .•• .!•-•..,,:•,-,.: ,--....-;,..- .••••,):::-...:,- . • . , ,, .0t..N.„ • .r...?.• -..P.. ; '•:. ;''',-"' -• ,- l' .' l's' tit., , 'AP"., i.,... . jte;-• ,---•... lit •* '- ,.., . . ..„ .. ,„......., .„ ,. . . . , ,. . ,.: .. . ,. , ..... , .,. . .„,... .f, . - • --t,, , iiir '.al uyi i, AV' . 40 0 •we..4. ,ti,0, ..4.. „I .;:., ,,,, 4,,, ..„., 2., . -„...,,,,:i 1 . li: • •••• ... ,.. - -- •:i,.i ' ' ;4 -! • i . ., •' 'V ,i -"iii,.- ''..tzs .4111t,I".:•1 4;•.. , '..: 1.•:' e, :Po) o, , '''-' .'.■(!'.. • n .. .•• .c.. . . •. .•. .. te..:4.• . . Data: JANUARY 1 934 '''••'; '-'.':....'/..';:..:;: '.:•''...4-*" -;....--;;;.•:::' / 4....':-.;:.::%i!.':,!..;•..;.'"...'..:;-; EXHIBIT D -` ---- ..-•-• i.:-"- ' 'Total Price: $8.00 ($7.65 plus 13:45 tax) .M8111119: 41;!00 ,.',. • . ; BLOOMINGTON ORDINANCE' fr 'I?'" ', 1 ' • S 19.30 r;:.: ZONING .':" 19.31 (A) • Retail sales of drugs, prescription items, patent medicines, sickroom • ,. supplies, prosthetic devices, or items related to any of the aforementioned; and II (B) Coffee shops and cafeterias. (5) The following in buildings primarily occupied by offices, business and pro_ fessional: barber shops, beauty shops, and utility collection. t (6) Off-street loading and parking. c I (d) Conditional uses - (1) Private colleges and institutions. (2) Mortuaries. (3) Clubs and lodges - nonprofit. I • (4) Temporary uses such as Christmas tree lots. (5) . The temporary stockpiling of materials for use in highways or roadway construction. (6) Motels, including restaurants accessory thereto. I (7) Planned developments (residential or business). (8) Retail shopping uses, but not personal service uses, when located within a multiple-family dwelling building, or within one of the multiple-family dwelling buildings of a complex when the building or complex is comprised of 100 or more dwelling units and c I provided that there are no exterior signs. :' (9) Commercial parking or parking ramps adjacent to commercial uses or „ industrial uses. (10) Churches. 4 (11) Railroad lines. ICe) All buildings erected on lands within Limited Business (B-1) Zoning Districts •shall be of steel, reinforced concrete, Type 3 construction, masonry construction, or an equivalent or better. No building shall be constructed of Type 5 construction. Exterior 'c wall surfaces of all buildings shall be faced with face brick, stone, architectural .. I concrete cast-in-place or pre-cast panel, or an equivalent or better. r---/Code, 1958 § 11.02; Village Ord. No. 173, 2-16-59; Ord. No. 54, 12-18-61, renumbered n to § 7.06; Ord. No. 63-21, 6-24-63; Ord. No. 63-35, 9-23-63; Ord. No. 65-24, 5-3-65; Ord. No. 65-43, 7-12-65; Ord. No. 65-78, 10-11-65; Ord. No. 67-9, 2-13-67; Ord. No. - 69-17, 2-17-69; Ord. No. 71-9, 1-25-71; Ord. No. 76-27, 5-10-76; Ord. No. 79-1, 1-22-79; IOrd. No. 81-59, 11-23-81; Ord. No. 82-18, 6-7-82) jY SEC. 19.31. RETAIL BUSINESS (B-2) DISTRICTS. o (a) Purpose - To provide for and encourage compact centers for retail sales and ser- V I vices by grouping businesses in patterns of workable relationships; to minimize the F 0 5 blighting influence on surrounding residential neighborhoods by limitations and control of uses permitted; to exclude highway-oriented and other businesses that would tend to 0 disrupt the shopping center or its circulation patterns, or tend to disturb neighborhood . I stability. �x I 1:. 0 (b) Permitted Uses - :{ h,., • (1) Retail shopping uses - stores and shops selling household goods over a .44 S II counter or selling personal services. Included are stores selling antiques, art and 7�:_ ; school supplies, auto accessories and installation when within a completely enclosed ' ,. ' building, bakery goods, bicycles, building materials that are within completely enclosed .1"..r. ' s buildings, candy, camera and photographic supplies, carpets and rugs, china and glassware, '" i' ;' • :.. clothing and costumes, dry goods, foods, electric and household appliances, furniture, fur •• . e II goods, garden supplies (year-around operation only), hardware, hobby supplies, ewelr , 'YM leather goods and luggage, motor vehicle and boat sales that are within a completely 7" , enclosed building, musical instruments, office supplies, paint and wallpaper, phonograph ' records, shoes, sporting goods, tobacco goods, and toys. Included are the following '*'' 0 g Per- ..;.: s I sonal services: barber shops, beauty shops, laundries and dry cleaning, photography stu- ":;y;= dios, picture framing, locksmith shops, and repair incidental to sale of goods listed ,• d above. i (2) Banks and financial institutions. (3) Medical and dental offices and laboratories. Iii,-1,.. a II (4) Hospitals, sanitariums and rest homes. d (5) Offices, business and professional. ;_ (6) Public and public utility uses. (7) Travel bureaus, transportation, and ticket offices. .:-...:.;::_i... • II (8) Recording studios. ?�. (9) Theaters, except drive-in. .:4r• (c) Permitted accessory uses including - b I (1) Business signs for uses permitted in this Section. fix•: V (2) Off-street parking and off-street loading. 41' , (d) Conditional uses - � `;. II (1) Clubs and lodges. nonprofit. uses). (2) Commercial recreation (including bowling alley, pool hall, and similar ....- 3 '3 77'- 67 F • .. � �. - ,:7,-1: '= S 19.33 ZONING S 19.34 (18) Physical exercise facilities in Limited Industry (I-2) and General ' Industry (I-3) Districts, not to exceed 10 percent (10%) of the total square footage of the building. (e) Special Industrial Park (I-1) District requirements - (1) Building coverage shall not exceed 30 percent of the site plus for indus- trial uses one percent for each,acre of site over ten acres up to a maximum of 40 percent coverage. However, a parking structure or the portion of any structure used for parking shall not be counted as building floor area or structure coverage for the purpose of calculating building floor area and percentage of site coverage by structures. (2) No loading docks may be on any street frontage. Provision for handling all freight, either by railroad or truck, shall be on those sides of any buildings which do not face on any street or proposed streets. (3) No screening shall be permitted to extend beyond the building setback • lines. (4) All buildings erected on the property shall be of masonry construction, an equivalent, or better. No building shall be constructed of sheet aluminum, asbestos, iron, steel, or corrugated aluminum. No building shall be constructed with wooden frame. Exterior surfaces of all buildings shall be faced with face brick, stone, architectural - concrete masonry units, pre-cast concrete, or an equivalent or better. (5) Along any street bordering on a residential zone, there may be no driveway access from such street into adjacent industrial sites unless access is otherwise imprac- ticable. All access to industrial sites shall be from streets within the industrial park where practicable. (6) Outside storage shall be limited to an area not larger than fifty percent of the ground coverage of the principal building and shall be located to the rear or side not abutting a public street. (f) Special Limited Industry (I-2) District requirements - All buildings erected on the property shall be of masonry construction, an equivalent, or better. No building shall be constructed of sheet aluminum, asbestos, iron, steel, or corrugated aluminum. No building shall be constructed with wooden frame. Exterior surfaces of all buildings shall be faced with face brick, stone, architectural concrete masonry units, pre-cast concrete, or an equivalent or better. (g) Special General Industry (I-3) District requirements - All buildings erected on the property shall be of steel, reinforced concrete, Type-7- construction, masonry con- struction, or an equivalent or better. No building shall be constructed of Type 5 construction. Exterior wall surfaces of all buildings shall be faced with face brick, stone, architectural concrete masonry units, cast-in-place or pre-cast panels, or an equivalent or better. Type 3 and Type 5 are defined in the Uniform Building Code referred to in Chapter 15 of this Code. (h) Special Industrial Park (I-1) and Limited Industry (I-2) District requirements - (1) Notwithstanding any provision of this Code to the contrary, mini-warehouses shall not be permitted or conditional uses in these districts. (2) Mini-warehouse is defined as a building or group of buildings of one or more levels with, usually, but not limited to, the following characteristics: controlled- access and secured areas which contain varying sizes of individual, compartmentalized, and controlled-access stalls or lockers for the dead storage of customer's goods or possessions. (3) Notwithstanding any provision of this Code to the contrary, the following shall be prohibited as permitted or conditional uses within those I-1 and I-2 zoning districts which lie within the stadium area; namely, that area of the City bounded by I-494 on the north, Cedar Avenue (Trunk Highway 77) on the west, and the Minnesota River on the south and east: • (A) mini-warehouses (B) warehouses (C) office warehouses (D) restaurants when not included within a hotel or motel (Code, 1958 S 11.04; Village Ord. No. 235, 6-10-60; Ord. No. 13, 2-20-61; Ord. No. 54, • 12-18-61, renumbered to S 7.09; Ord. No. 80, 6-11-62; Ord. No. 63-10, 5-6-63; Ord. No. 63-36, 9-23-63; Ord. No. 63-41, 10-7-63; Ord. No. 64-32, 4-13-64; Ord. No. 64-35, 5-18-64; Ord. No. 64-37, 5-20-64; Ord. No. 64-51, 6-22-64; Ord. No. 64-63, 7-20-64; Ord. No. 65-24, 5-3-65; Ord. Nos. 65-62, 65-66, 9-20-65; Ord. No. 65-78, 10-11-65; Ord. Nos. 66-11, 66-12, 2-14-66; Ord. No. 66-47, 8-1-66; Ord. No. 67-9, 2-13-67; Ord. No. 68-75, 9-30-68; Ord. No. 69-17, 2-17-69; Ord. No. 69-99, 12-22-69; Ord. No. 73-11, 1-22-73; Ord. No. .• 74-25, 3-25-74; Ord. No. 74-42, 5-20-74; Ord. No. 76-27, 5-10-76; Ord. No. 78-22, 5-1-78; Ord. No. 79-1, 1-22-79; Ord. Nos. 80-7, 80-8, 2-4-80; Ord. Nos. 80-18, 80-19, 4-21-80; Ord. No. 80-45, 10-27-80; Ord. No. 81-29, 7-06-81; Ord. No. 82-16, 6-7-82; Ord. No. 82-34, 8-16-82; Ord. No. 83-21, 6-6-83) CT SEC. 19.34. FREEWAY DEVELOPMENT (FD-1 AND FD-2) DISTRICTS. :a.. (a) Purpose - To provide for a limited mixture of land uses made mutually compatible with controls and high standards; to encourage and accommodate industry in freeway loca- tions convenient to the Metropolitan area; to provide for integrated roadside business areas designed to offer a group of essential services to the motoring public in compact 371 II S 19.34 ZONING ,k-.:.- S 19.35 1 shall not be counted as building floor area or structure coverage for the purpose of S calculating building floor area and percentage of site coverage by structures. s freight, either by railroad or truck, shall be on those sides of any buildings which do not face on any street or proposed street. (3) No screening shall be permitted to extend beyond the building setback line. (4) All buildings erected on the property shall be of masonry construction, an I equivalent or better. No building shall be constructed of sheet aluminum, asbestos, iron, steel, or corrugated aluminum. No building shall be constructed with a wooden frame. Exterior surfaces of all buildings shall be faced with face brick, stone, architectural concrete or pre-cast concrete, or an equivalent or better. • (f) Freeway Development (FD-2) District. requirements - All buildings erected on the b( property shall be of masonry construction, an equivalent, or better. No building shall be constructed of sheet aluminum, asbestos, iron, steel, or corrugated aluminum. No building shall be constructed with wooden frame. Exterior surfaces of all buildings shall be faced I with face brick, stone, architectural concrete or pre-cast concrete, or an equivalent or better. (g) Special Freeway Development (FD-1 and FD-2) District requirements - I (1) Notwithstanding any provision of this Code to the contrary, mini-warehouses y shall not be permitted or conditional uses in these districts. (2) Mini-warehouse is defined as a building or group of buildings of one or '•` more levels with, usually, but not limited to, the following characteristics: controlled- t access and secured areas which contain varying sizes of individual, compartmentalized, and 1' controlled-access stalls or lockers for the dead storage of customer's goods or possessions. of (3) Notwithstanding any provision of this Code to the contrary, the following shall be prohibited as permitted or conditional uses within those FD-1 and FD-2 zoning • I districts which lie within the stadium area; namely, that area of the City bounded by I-494 on the north, Cedar Avenue (Trunk Highway 77) on the west, and the Minnesota River on the south and east: (A) mini-warehouses Pd (B) warehouses bu II (C) office warehouses If (D) restaurants when not included within a hotel or motel. ft(Code, 1958 $ 11.05; Added by Village Ord. Nos. 234, 235, 6-10-60; Village Ord. No. 240, � : td 7-22-60. Ord. No. 54, 12-18-61, renumbered to § 7.10; Ord. No. 63-19, 6-24-63; Ord. No. II 63-36, 9-23-66; Ord. No. 64-17, 3-2-64; Ord. No. 64-35, 5-18-64; Ord. No. 64-45, 6-1-64; ..- li Ord. No. 64-51, 6-22-64; Ord. No. 64-77, 11-16-64; Ord. No. 65-24, 5-3-65; Ord. No. 65-38, 6-23-65; Ord. Nos. 65-66, 65-68, 9-20-65; Ord. No. 65-76, 10-4-65; Ord. No. 65-78, 10-11-65; Ord. No. 66-11, 2-14-66; Ord. No. 66-64, 8-22-66; Ord. No. 68-83, 11-4-68; ' eq Ord. Nos. 69-17, 69-19, 2-17-69; Ord. No. 71-95, 12-20-71; Ord. No. 73-11, 1-22-73; 74: . it I Ord. No. 74-43, 5-20-74; Ord. No. 76-27, 5-10-76; Ord. No. 77-81, 11-7-77; Ord. No. Bz �...:>s 79-1, 1-22-79; Ord. Nos. 80-7, 80-8, 2-4-80; Ord. No. 80-45, 10-27-80; Ord. No. 81-29, to 7-06-81; Ord. No. 82-16, 6-7-82) ,x_ .J7 tC SEC. 19.35. INSTITUTIONAL (IN-1) DISTRICTS. =:,CAF- at "f (0 (a) Purpose - To permit development of specific areas for institutional care of the `v re aged, ill and infirm, and to accommodate compatible offices and research laboratories. S_; B"lo II . (b) Permitted uses - yam. . (1) Hospitals which are open to members of the public. ' SEt (2) Sanitariums which are open to members of the public. : 0 (3) Rest homes which are open to members of the public. ,,... .` (4) Nursing homes which are open to members of the public. u kl I (5) Offices (business and professional). Lc '. (6) Public and public utility uses. } �•:: (7) Research laboratories. 4444 II (c) Accessory uses including - Yri: =: (1) Business signs. ; ;, Ww (2) Off-street parking and off-street loading. �7 (3) Dwelling for watchman (but not the family). " "` (4) The following in buildings primarily occupied by medical and dental ?,4. ...• '} I services: . (A) Retail sales of drugs, prescription items, patent medicines, sickroom •a: �:; supplies, prosthetic devices or items related to any of the aforementioned; and - •` ?-s ` (B) Coffee shops and cafeterias. i�4:.'-`. : I . The following in buildings primarily occupied by offices, business and pro- ;`, . .. fessional, and within the principal building of hotels or motels: r _e: 373 �=F,� I ' _ 3 - ,: � :.7 . . r.1 ,'"*I•,' V. ,..9.37 ` BLOOMINGTON CITY CODE S 19.37 I (20) Offices, business and �.- professional. 'A r Win;: `. (21) Off-street parking and loading. ' 4-=',n,-','r . (22) Personal services, including but not limited to barber shops, beauty �. fops, picture framing, photography studios, and locksmith shops. '' (23) Pet shops. `r3`'' (23.5) Photodeveloping and processing. = (24) Printing and publishing. II -'"° c (25) Public and public utility uses. (26) Radio and television broadcasting stations. y ? (27) Repair of household equipment (not including motor vehicles). r.T,7.;{• y4 (28) Retail shopping uses. II(29) Schools - music, dance, business, commercial, or trade. (30) Seasonal business. (31) Theaters, except drive-ins. (32) Travel bureaus. (33) Warehouses. II - (34) Wholesale businesses. r ` (c) Conditional Uses - (1) Animal hospitals. II (2) Car washes. (3) Discount stores in excess of 26,000 square feet. - (4) Outside storage. . (5) Restaurants except where included with a hotel or motel. (6) Service stations. I jam (7) Trailer rental or sales. (8) Truck rental. (8.5) Repair of motor vehicles. (9) Used motor vehicle sales. II(10) Railroad lines. . 4 (11) Commercial recreation, including bowling alleys, pool halls, game parlors and skating rinks. r (d) Combination of Uses - To allow development of smaller businesses, a combination II of uses may be allowed in the same building or separate buildings provided that: (1) the total floor area is at least 4,000 square feet; (2) parking and drives are combined for all uses; , (3) separate buildings are connected by common wall, corridor, passageway, or I other structure; ,./..---7 (4) all buildings of a combination are constructed at the same time. (e) Performance Standards - (1) Structures - All buildings erected on lands within this zoning classifica- II tion shall be a type of construction as defined in the Uniform Building Code, except Type V. Exterior wall surfaces of all buildings shall be faced with face brick, stone, pre-cast panel, architectural concrete, or cast-in-place panel. —___ . (2) Minimum lot size - No construction shall be permitted on any lot having II street frontage of less than 90 feet. (Combination of uses may include total frontage of combined lots to meet the 90-foot requirement.) (3) Minimum setbacks - From any street 65 feet side lot 10 feet, unless the -+ building is set at lot line for 0 setback, rear lot 25 feet, residentially used building II 100 feet, residential zoning line 50 feet, buildings concerned in a combination of use may use common walls; but if separation exists between buildings, connection shall be provided by tunnel, corridor, passageway, skyway, or other structure, and the side-yard setback may then be variable. (4) Floor area - Any use or combination of uses shall have a building with II floor area of not less than 4,000 square feet. (5) Additional design requirements - (A) Every new use of building in this zone shall have at least one flag- Pole a minimum of 25 feet high within the front setback area. II(B) Any new building in the zone shall be planned so that all exterior sides shall be surfaced equivalent to the front. (C) In lieu of the provisions of Section 19.52(d) and (e), which require a 20-foot landscaped yard and screening along street frontage, planter boxes may be provided at least six feet in width and two feet high with permanently maintained landscaping. II(D) Within the 20-foot landscaped yard or six-foot planter, one shade tree : of no less than three-inch caliper measured one-half foot from the ground shall be planted for every 50 feet of frontage. (E) Notwithstanding the requirements of Section 19.66, business signs II Within this District shall be no higher than the building and shall be set back at least 20 feet from a front or side property line except when attached to the building. (f) Change in Existing Uses - No existing structure for any conforming or noncon- forming use shall be enlarged, altered, or increased or shall occupy a greater area than II 376 At ter, 4.P '`4 9 .19.52 ( l BLOOMINGTON CITY CODE { S 19.55 • ' .s ' (4) A planting schedule consisting of a key, botanical name, common name, quan- tity, size, root, and planting instructions. (5) Proposed plantings shall be shown on the plan at the normal mature spread I for this hardiness zone with details of planting beds and foundation plantings as necessary. (6) All earth berming and solid screening to include elevations and sections of fences or walls when used. II (7) Typical sections of landscaped islands and planter beds with identification of materials used.• (g) Seeding or sodding will he required in all disturbed areas in accordance with the approved landscape plan required in Subsection F of this Section. I (h) Chapter 18 of this Code shall be used as a guide for the selection of street trees and their placement in the preparation of these plans. I (i) No certificate of occupancy shall be issued until the landscaping is completed in accordance with approved plans unless a bond is filed pursuant to Section 15.11 of this Code. (Code, 1958 SS 9.03, 9.04; Ord. No. 54, 12-18-61; Ord. No. 63-9, 5-6-63; Ord. No. 64-44, 6-1-64; Ord. No. 66-3, 1-17-66; Ord. No. 66-48, 8-1-66; Ord. No. 68-71, 9-23-68; Ord. II No. 74-83, 10-7-74; Ord. No. 75-43, 7-21-75; Ord. No. 81-60, 11-23-81) l SEC. 19.52.01. SCREENING OF ROOF-MOUNTED EQUIPMENT. ( mechanical equipment installed on buildings constructed within the City shall be screened from view. This requirement shall be deemed satisfied when all parts of the roof-mounted equipment are not visible from ground level observation or at any point on the property, adjacent property, or from adjacent streets. I (b) Screening required by this Section shall comply with the following: (1) The screening shall be permanently attached to the building and shall be capable of withstanding all load requirements as outlined in the State of Minnesota Building Code. (2) The screening shall be constructed with materials that are architecturally compatible with the building. The use of wood, in whole or in part, as a screening material s hall not be considered as being architecturally compatible unless the building is constructed with a wood exterior. II (3) A parapet wall of sufficient height and as an integral part of the building shall be considered as approved screening. (4) Roof signs shall not be considered as required screening. (5) All roof-top screening shall be kept in repair or in a proper state of pre- servation. I (6) Existing screening which requires major alteration or replacement shall .meet the requirements of this Section. (Code, 1975, Added by Ord. No. 76-21, 4-19-76) SEC. 19.53. MAINTENANCE. IIn all districts, all screening, including landscaping, fencing, and other struc- tures, whether required or not, shall be maintained so as not to be unsightly or consti- '' I tute a nuisance to adjoining property and so as to be in accordance with any approved I ; plans. Screening is "unsightly" when it is dilapidated, when it is in need of paint or peeling, when its materials are broken, crumbling, decaying, warping, or falling apart, or, in the case of landscaping, when plant materials are diseased or dying. (Code, 1958 S 9.05; Ord. No. 81-60, 11-23-81) ISEC. 19.54. GLARE. In all districts, any lighting shall be arranged so as not to shine directly on any residential zone. Direct or sky-reflected glare, where from floodlights or from high- ' temperature processes such as combustion or welding, shall not be directed into any adjoining property. (Code, 1958 S 9.06; Ord. No. 54, 12-18-61; Ord. No. 69, 5-30-62) -` II SEC. 19.55. TRAFFIC CONTROL. The traffic generated by any use shall be channeled and controlled in a manner that will avoid congestion on the public streets, traffic hazards, and excessive traffic through residential areas, particularly truck traffic. Internal traffic shall be so regulated as Ito ensure a safe and orderly flow. Traffic into and out of business and industrial areas shall in all cases be forward moving with no backing onto street. (Code, 1958 S 9.07) I I 398 III - ORDINANCE NO. 355 • AN ORDINANCE AMENDING ORDINANCE NO. 229, COMMONLY KNOWN ,�,�c;P27 AS THE ZONING ORDINANCE OF THE CITY OF CHASKA, BY ADDING �?; ' A SECTION REGULATING EXTERIOR DESIGN, APPEARANCE AND � �' .te FUNCTIONAL PLAN OF STRUCTURES WITHIN COMMERCIAL AND INDUSTRIAL ZONED AREAS, AND A SECTION PERMITTING POLE , ' BUILDINGS ONLY IN THE R-RURAL DISTRICT. v1 11� pc BE IT ORDAINED by the City Council of the City of Chaska: • Section 1. Ordinance No. 229 is hereby amended to add a new Section 4. 15 as follows: 4. 15 BUILDING DESIGN/MATERIALS IN COMMERCIAL AND INDUSTRIAL ' DISTRICTS: The purpose of this section is to assure that buildings in commercial and industrial areas of Chaska will he of high quality in both visual and functional terms. To that end , this section identifies permitted building materials which are durable and long-lasting and which generally present a more attractive visual appearance than less durable materials. 4. 1 5.1 APPLICATION: ' The provisions of this section shall apply to all new structures including additions or remodeling and to all new developments within areas zoned for commercial and industrial use within the City of - Chaska. ' 4. 15.2 REQUIRED EXHIBITS: All applications for a building permit for any commercial or indus- trial building, in addition to other information required by applica- ble laws or regulations, shall include two copies of the following : ' a. If unplatted property, a boundary survey, prepared by a registered surveyor of an area including the property in question and 100 feet beyond its outer boundaries showing existing property lines and dimensions, platting and easements, buildings, street and railroad rights-of-way, utilities, topography, waterways, and ownership of all parcels. Vegetation and soil borings shall be included. b. Site plan indicating location, size and placement of proposed structures and yards, parking and loading facilities, fire lanes, vehicular ingress and egress, pedestrian walkways, landscaping , utilities and grading, if pertinent. The landscape plan shall specify species. EXHIBIT E ' CHASKA ORDINANCE c. Exterior elevat . rawings of the proposed strr( 7 which will accurately ndicate the heights, size, design`'Vhd appearance of all elevations of the proposed structure and a description of the construction and materials to be used. Construction plans, to include foundation data, shall be required for review by the City building inspector prior to final approval of building permit. ' The information and submittals required by this paragraph or other applicable laws or regulations will be the basis for building permit approval and may be relied upon therefore by City Staff, Planning ' Commission..and City Council . 4.15.3 ARCHITECTURAL DESIGN/COMPATIBILITY: The exterior architectural appearance of the proposed structure shall note be so at variance with the exterior architectural appearance of ' existing structures within the immediate area taking into considera- tion building materials, size, shape and heights, so as to cause an adverse impact upon property values in the immediate area, or the City as a whole, or adversely affect the public health, safety and general welfare of the portion of the City in which the property is located or this City as a whole. Mechanical equipment, such as ' furnaces, air conditioners , elevators, transformers, and utility equipment, shall be screened , whether on the roof or mounted on the ground , with a screening material similar to or compatible with material used on the main structure. All additions or remodeling shall be compatible in scale, material and massing. 4. 15.4 PERMITTED MATERIALS: Structural systems of all buildings shall be required by the Uniform Building Code. Materials shall not be so at variance with the exterior materials of existing structures within the immediate area or the City as a whole as to adversely impact the property values in the affected area or the City as a whole, or adversely affect the public health, safety and general welfare. Exterior building finishes shall consist of materials comparable in grade and quality to the following: a. Brick b. Natural Stone c. Precast concrete units and concrete block, provided that surfaces are molded, serrated examples or treated with a textured material in order to give the wall ' surface a three-dimensional character. d. Wood , provided surfaces are finished for exterior use and only woods of proven exterior durability are used such as cedar, redwood and cypress. • I : �. �.. ` ■ e. Curtain � ;'panels of steel , fiberglass aluminum, (non-struZtural , non-load bearing) , p rovib_u- such panels are factory fabricated and finished with a permanent II durable non-fade surface and their fasteners are of a corrosion resistant design and provided further that no more than one-third of the wall surface abutting a public II street, or adjacent to a residential or public area, con- sists of such panels. II f. Glass curtain wall panels. 4.15.5 PROHIBITED MATERIALS: II a. Face materials which rapidly deteriorate or become unsightly such as galvanized metal , unfinished. II structural clay tile and metal panels not factory finished with a permanent surface. b. Buildings comprised exclusively of metal . c. Buildings where wood poles or timbers are the II support for the roof system and form the foundation structure : provided that wood foundations shall be permissible. (Pole buildings) II d. Sheet metal , plastic or fiberglass siding, unless such siding is a component of a factory fabricated and finished panel . I Section 2. Ordinance No. 229 is hereby amended by adding a new II n�.16 as follows • 4.16 POLE BUILDINGS II Pole buildings shall be permitted only within the R-Rural District. Pole buildings shall be defined as buildings where wood poles or timbers are the primary support for the roof system and form the II foundation structure. _ t Section 3. This ordinance shall be in full force and effect upon its II ;. passage and publication. II Passed this 7th day of November, 1983 by the City Council of the City of Chaska. II Dill • a . s I racy S .ans•n, Mayor Attest: ►3...•.,..- Sh rley ruers, City Clerk II • II n - 'City Council Meeting (March 14, 1988 1 Mayor Hamilton moved, Councilman Geving seconded to approve to adopt the ' following Ordinances: Ordinance No. 83 as represented in Attachment #1, Ordinance No. 84 pertainng to various amendments to the Chanhassen City Code, and Ordinance No. 85 pertaining to amending the Park and Recreation Section. All voted in favor and motion carried. ' ZONING ORDINANCE AMENDMENTS, SECOND AND FINAL READING. Councilman Johnson: Roger, I need some clarification on this. Part of this we haven't had the first reading. ' Roger Knutson: You can waive the first reading if you want. 1' Councilman Johnson: It's just that we're now doing the construction of metal buildings in the industrial district and satellite dishes and antennas. Waiving the first reading and having only a final reading. ' Councilman Boyt: I think we've discussed it haven't we? Councilman Johnson: I wasn't here last time. That's how it got on here is Ithat you were discussing it last time. Councilman Boyt: On metal buildings, what we're really saying here, outside of we don't want polebarns is that somebody can basically put up a metal building and paint it. I think the intention of the motion is stated pretty clearly. That we don't want a polebarn in our business area. Had we been restrictive enough to simply say you can take a steel building and paint it and that's good enough. Mayor Hamilton: I missed your point I guess. Councilman Boyt: In point a, Section 7(a) , no galvanized or unfinished steel. It says just above that, to avoid polebarns. That means I put up an all metal building and put paint on it, it now is no longer unfinished steel but it can still look just exactly like a polebarn. Barbara Dacy: It's my understanding that that's not necessarily true. The polebarn has a more corregated exterior whereas some of the metal exteriors don't necessarily look and have that corregated texture to the exterior of the building. The galvanized or unfinished steel is the materials that polebarns ' are typically made out of. There are metal buildings that are aesthetically appealing. They can have the sheetrock interior but metal exterior so we wanted to leave that flexibility in there. Councilman Horn: So we couldn't have a building like is on Highway 13 which is an unfinished steel building. The architectural styling is letting the outside rust. 0_(..A Barbara Dacy: That's the 4 1 steel I think, the ones that rust. �meg City Council Meeting - March 14, 1988 I!!Councilman Horn: That's not unfinished? That's not classified as unfinished steel? Gary Warren: 5e2A'' teel? It's a natural oxidizing metal just like aluminum. ' Barbara Dacy: We had language in there about 410 steel. I wonder what happened to it. Councilman Boyt: Maybe we should take our time on that particular one. Barbara Dacy: I'm getting a little confused because the Commission started out with actually no metal buildings and then when it got to the Council they said, well, we don't want to be too restrictive so we found the Lakeville's ordinance and that seemed to go right down the middle of the road. That we don't want polebarns but we can allow a metal exterior. Roger Knutson: Just a brief comment on it. I'm no expert on it, I'll just pass on what I have found. I sat through a long presentation on this subject. There are some very, at least in my opinion, some really outstanding metal glass buildings that look nothing like polebarns or sheds. If you ban all metal buildings, you're really banning a lot of good stuff. ' Mayor Hamilton: Basically the exterior is metal but the interior is the same as a block construction or a stand-up concrete construction. Councilman Horn: So how do we eliminate that painted metal green stuff like we have? Roger Knutson: I don't have 86. Mayor Hamilton: Can you rework it? Can you leave that section out for right now and recompose it? I think we just don't know. Maybe Roger can supply some of the information that he has. Roger Knutson: Something was left out. Councilman Johnson: We need to define polebarn better. The intent is to prohibit polebarns. Let's say what we're prohibiting. ' Barbara Dacy: That's galvanized steel. I don't know. This is what the Inspector is telling me. Whey they say polebarn, that means galvanized steel. Councilman Johnson: Otherwise we can just paint it. Roger Knutson: It's still galvanized steel. ' Councilman Johnson: It also says galvanized or unfinished aluminum buildings. Roger Knutson: If you slap paint on galvanized steel, it's still galvanized 011 steel. It's still prohibited. ' City Council Meeting( March 14, 1988 II _ Councilman Johnson: But some of these buildings you're talking about are IIgalvanized that are painted. There's no such thing as a galvanized aluminum building anyway. You don't galvanize aluminum. IICouncilman Geving: Let's just table this. Councilman Johnson: Table Section 7. IIBarbara Dacy: How about if you just said delete Section 7? Councilman Boyt: One other quick question. The last page of this talks about, II don't know where it came from. This thing about building sizes and lots. We're not passing anything related to that are we? t Barbara Dacy: That's right. There should have been an attachment from the Lakeville Ordinance. Alright, I'll admit it. Councilman Boyt: So that's background information but is not something that we're passing this evening? Mayor Hamilton moved, Councilman Horn seconded to approve the second and final IL reading of Ordinance No. 86 excluding Section 7 for reclarification. All voted in favor and motion carried. 114— CONSIDER ESTABLISHMENT AND SELECTION PROCESS FOR REFERENDUM STUDY COMMITTEE. I Mayor Hamilton: I made some comments earlier about this process and I am not sure that we have all the information yet that we need. I think Don has started with some comments here but I guess I would prefer to have a session I with the Council with the staff and try to figure out just how the heck we should situate this whole thing. I think we need to have some direction before we just start selecting a committee because I think we want to look at the II business people. We want to look at schools. We want to look at the clergy in =1 town. We want to look at service groups and I don't think we know yet where we want to go. So we select a committee and then all of a sudden we're stuck with trying to figure out where we're going to go with this. IICouncilman Geving: I think we're better off taking a little bit more time and having a work session some evening where we can relax for an hour or so and I talk about where we're going and not rush into it. We don't need to do this tonight. Hopefully we can have Don with us. He's got some thoughts on this and unfortunately he's not here. IMayor Hamilton: There's a lot of people interested and that's good. li__ Councilman Horn: Are we going to advertise for this? Mayor Hamilton: I think that's something we need to talk about. We don't know that yet I guess. II 4.