HomeMy Public PortalAbout289CITY OF MEDINA
ORDINANCE NO. 289
AN ORDINANCE AMENDING SECTIONS 826.51, 826.57,
826.63 AND 826.67 OF THE MEDINA CODE OF
ORDINANCES REGARDING SIDE AND REAR YARD
SETBACKS WITHIN THE RURAL AND URBAN
COMMERCIAL AND INDUSTRIAL DISTRICTS
The City Council of the City of Medina Ordains as follows:
SECTION I:
The Code of Ordinances of the City of Medina is amended by deleting the
ctrickcn materials and adding the highlighted material as follows:
826.47. Rural Commercial (RC) - Purpose. The purpose of the Rural Commercial
District is to recognize development opportunity and need for commercial
establishments fronting on or with immediate access to major highways. Permitted
land uses should take advantage of the highway access in a manner which other
business districts are not afforded and respect the lack of urban services. Also
acceptable are quasi -industrial and wholesale enterprises that do not meet an
industrial setting and have considerable customer contact.
826.48. Permitted Uses . Within the Rural Commercial District, land may be used
for landspreading of yard waste in compliance with the conditions of section 828.73
of this ordinance.
826.49. Conditional Uses. Within any Rural Commercial District, no structure
or land may be used for the following uses except by conditional use permit:
Subd. 1. Auto Sales, service and repair.
Subd. 2. Cultural and fraternal organizations.
Subd. 3. Commercial recreation.
Subd. 4. Drive-in retail and service business.
Subd. 5. Funeral homes.
Subd. 6. Liquor stores.
Subd. 7. Motor Fuel Stations without a car wash.
Subd. 8. Offices and banks.
Subd. 9. Open Sales Lot.
Subd. 10. Public buildings.
Subd. 11. Service Shops.
Subd. 12. Supply Yards.
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Subd. 13. Wholesale Businesses.
Subd. 14. Any incidental repair or processing necessary to conduct a
permitted principal use.
Subd. 15. Private garages, off-street.
Subd. 16. Parking, loading spaces.
Subd. 17. Temporary construction buildings.
Subd. 18. Decorative landscape features .
Subd. 19. Public telephone booths .
Subd. 20. Adult establishments as defined in section 645 of the Medina City
Code.
826.51. Lot Area, Height, Lot Width, and Yard Requirements. Subdivision 1.
No building hereafter erected shall exceed two and one-half (2-1/2) stories or thirty
(30) feet in height, except farm buildings.
Subd. 2. The following minimum requirements shall be observed, subject
to additional requirements, exceptions, and modifications set forth in other sections
of this ordinance:
(a) The minimum lot area is 5 acres, provided that the lot contains a
minimum of 5 acres of contiguous soils suitable for a conventional or innovative
sewage disposal system or a combination of such contiguous soils totaling a
minimum of 5 acres, as such soils are defined in sections 720.47 and 720.87 of
the Medina code.
Minimum Lot Width - 110 feet .
Minimum Lot Depth - 200 feet.
Minimum Front Yard - 50 feet.
Minimum Side Yard - �A
3
0 feet.
Minimum Rear Yard - 40 feet.
Subd. 3. No use may exceed a sanitary sewer usage rate of 100 gallons per
day per net acre of land. For purposes of this subdivision, net acres equals the
total area of the lot, minus wetlands and open water. Not more than 50 percent of
the conventional or innovative soils on any site may be disturbed or covered by hard
surfaces. For purposes of this subdivision, hard surfaces include any non -natural
surface which is impervious to water, including but not limited to buildings and
paved or gravel -surfaced drives, walks and parking areas . The city may require
such documentation and testing as it deems appropriate in order to ensure compliance
with these standards .
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Subd. 4. Minimum cctback from a side or rear ef-a yard setback from any
residential district area.: 75 feet.
Subd. 5. Design shall include adequate internal streets not less than 22
feet wide exclusive of required parking.
Subd. 6. Curb cuts shall not exceed 24 feet in width.
Subd. 7. The entire area shall be landscaped, occupied by building or
parking areas so treated as to control dust. Should the development be undertaken
in stages, all of the area required to conform to that portion undertaken shall be
developed to meet the preceding requirements.
Subd. 8. A drainage plan shall be designed and approved for the area with
such on -site construction as determined necessary by the City Engineer to
adequately handle all drainage.
826.53. Urban Commercial (UC) - Purpose. The Urban Commercial District will
allow local retail sales and services along with office space opportunities to serve
local population demand and needs of non -highway orientation. This district will
encourage a compact center for retail sales and services by grouping businesses in
patterns of workable relationships, by limiting and controlling uses near residential
areas and by excluding highway oriented and other businesses that tend to disrupt
circulation patterns.
826.55. Conditional Uses . Within any Urban Commercial District, no structures
or land may be used for the following uses except by conditional use permit:
Subd. 1.
Subd. 2.
Subd. 3.
Subd. 4.
Subd. 5.
Subd. 6.
Subd. 7.
Subd. 8.
Subd. 9.
Subd. 10.
Subd. 11.
clubs and lodges
Subd. 12.
Subd. 13.
Subd. 14.
Subd. 15.
Subd. 16.
Subd. 17.
Subd. 18.
Subd. 19.
Subd. 20.
Subd. 21.
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Retail businesses - stores and shops.
Selling household goods over the counter.
Banks.
Barber and beauty shops.
Wholesale business.
Locksmith.
Interior Decorating stores.
Physical culture and dance studios.
Restaurants.
Taverns.
Commercial recreational, cultural and fraternal organizations,
Supply yards.
Public Buildings.
Motor Fuel Stations.
Liquor Store.
Car Wash.
Motel and Motor Hotels.
Television and Radio Stations.
Any building over 30 feet high.
Newspaper publishing and printing.
Animal Hospital.
3
826.56. Accessory Use. Subdivision 1. Within the Urban Commercial District,
land may be used for a seasonal flea market operated or sponsored by a non-profit
organization as an accessory use, subject to the following conditions:
a) no outside storage is permitted;
b) the flea market may operate no more than one day per calendar
week and no more than 30 days per calendar year;
c) sales may take place within any required setback area provided
the activity does not interfere with traffic, parking or emergency
vehicle access and does not occur on a landscaped area;
d) there exists adequate on -site parking for the accessory use and
the conditional use;
e) tents, stands and other temporary structures are permitted
provided they do not interfere with parking, traffic or
emergency vehicle access;
f) a promotional sign no larger than 32 sq. ft. per side with a
maximum of 64 sq. ft. is permitted during sale hours; and
g) parking areas must be clearly delineated and control thereof is
the responsibility of the licensee.
Subd. 2. Administrative Permit Required. Any flea market utilizing the
provisions of this section must obtain an administrative permit from the zoning
administrator prior to beginning operation. The zoning administrator shall require
the applicant to submit the following information for review:
a) a description of the property proposed to be used;
b) a list of the days or dates of use and the hours of operation;
c) a site plan showing the sales area in relation to existing
buildings, parking areas, points of ingress and egress and other
site improvements;
d) written permission from the property owner; and
e) such other information as the zoning administrator may require.
Subd. 3. Upon review of the required information and determination that
the proposed use will comply with the requirements of this ordinance, the zoning
administrator shall issue an administrative permit to the operator of the flea market.
The permit shall be valid for a period not to exceed one calendar year. The zoning
administrator may condition the issuance of the permit in any way necessary to
ensure compliance with this ordinance or to promote public safety.
Subd. 4. The applicant may appeal any decision by the zoning administrator
to deny a permit or to condition the issuance of such permit. The appeal shall be
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made to the city council sitting as the board of adjustments and appeals, pursuant
to section 825.31 of this ordinance.
826.57. Lot Area, Height, Lot Width, and Yard Requirements. Subdivision 1.
No building shall exceed 30 feet in height.
Subd. 2. The following minimum requirements shall be observed, subject
to additional requirements, exceptions and modifications set forth in other sections
of this ordinance:
(a) Minimum Lot Area: 1 Acre
(b) Front Yard setback: 50 feet
(c) Side and rear yard setback: 30 20 feet
Subd. 3. No use may exceed a sanitary sewer usage rate of 750 gallons per
day per net acre of land. For purposes of this subdivision, net acres equals the
total area of the lot, minus wetlands and open water. The city may require such
documentation and testing as it deems appropriate in order to ensure compliance with
these standards.
Subd. 4. Minimum cctback from side or rear to a yard setback .;from ;any
residential district area: 75 feet
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......................
Subd. 5 . Design shall include adequate internal street not less than 22 feet
wide exclusive of required parking.
Subd. 6. Curb cuts shall not exceed 24 feet in width.
Subd. 7. The entire area shall be landscaped, occupied by building or
parking areas so treated as to control dust. Should the development be undertaken
in stages, all of the area required to conform to that portion undertaken shall be
developed to meet the preceding requirements.
Subd. 8. A drainage plan shall be designed and approved for the area with
such on -site construction as determined necessary by the City Engineer to
adequately handle all drainage.
826.59. Rural Industrial (RI) - Purpose. This district shall serve as space for
rural industrial sites along the highway and railroad. Mixed land uses other than
intense manufacturing and processing shall be allowed such as warehousing and
office space.
826.60 Permit Uses . Within the Rural Industrial District, land may be used for
landspreading of yard waste in compliance with the conditions of section 828.73 of
this ordinance.
826.61. Conditional Uses . Within any Rural Industrial District, no structure or
land may be used for the following uses except by conditional use permit:
Subd. 1. Warehousing and wholesaling.
Subd. 2. Offices .
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Subd. 3. Public buildings.
Subd. 4. Research laboratories.
Subd. 5. Construction and special trade contractor.
Subd. 6. Public and private utility uses.
Subd. 7. Assembly/Storage of: Rock and Stone Products, Apparel,
textiles, food products, tobacco products, glass, fabrication metal projects, leather,
machinery and appliances, pottery, transportation equipment, lumber and wood
products, paper products.
Subd. 8. Commercial Recreation.
Subd. 9. Residential Accessory.
Subd. 10. Heliports.
Subd. 11. Bus and Truck maintenance garages.
Subd. 12. Adult establishments as defined in section 645 of the Medina City
Code.
826.63. Lot Area, Height, Lot Width, and Yard Requirements. Subdivision 1.
No building hereafter erected shall exceed two and one-half (2 1/2) stories or thirty
(30) feet in height, except farm buildings.
Subd. 2. The following minimum requirements shall be observed, subject
to additional requirements, exceptions, and modifications set forth in other sections
of this ordinance:
(a) The minimum lot area is 5 acres, provided that the lot contains a
minimum of 5 acres of contiguous soils suitable for a conventional or innovative
sewage disposal system or a combination of such contiguous soils totaling a
minimum of 5 acres, as such soils are defined in sections 720.47 and 720.87 of
the Medina code.
(b) Minimum Lot Width - 110 feet.
(c) Minimum Lot Depth - 200 feet.
(d) Front Yard - 50 feet.
(e) Side Yard - 30 feet; 0 feet when abutting railroad.
(f) Minimum Rear Yard - 40 feet.
Subd. 3. No use may exceed a sanitary sewer usage rate of 100 gallons per
day per net acre of land. For purposes of this subdivision, net acres equals the
total area of the lot, minus wetlands and open water. Not more than 50 percent of
the conventional or innovative soils on any site may be disturbed or covered by hard
surfaces. For purposes of this subdivision, hard surfaces include any non -natural
surface which is impervious to water, including but not limited to buildings and
paved or gravel -surfaced drives, walks and parking areas. The city may require
such documentation and testing as it deems appropriate in order to ensure compliance
with these standards.
Subd. 4. Minimum Setback from a side or rear to a yard setback from any
residential district arca : 75 feet.
Subd. 5. Design shall include adequate internal streets not less than 22
feet wide exclusive of required parking.
Subd. 6. Curb cuts shall not exceed 24 feet in width.
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Subd. 7. The entire area shall be landscaped, occupied by building or
parking areas constructed of asphalt or concrete surface. Should the development
be undertaken in stages, all of the area required to conform to that portion
undertaken shall be developed to meet the preceding requirements.
Subd. 8. A drainage plan shall be designed and approved for the area with
such on -site construction as determined necessary by the City Engineer to
adequately handle all drainage.
826.64. Urban Industrial (UI) - Purpose. The urban industry district is where
a full complement of urban services exist such as water, sewer, rail and highway
transportation to provide support for more intense manufacturing and processing
operations.
826.65. Conditional Uses. Within any Urban Industrial District, no structure
or land may be used for the following uses except by conditional use permit:
Subd. 1. All conditional uses in R C .
Subd. 2. Railroad operations.
Subd. 3. Truck Maintenance.
Subd. 4. Manufacturing, fabrication, or processing of: lumber and wood
products, paper products, rock and stone products, textiles, tobacco products,
fabrication metal products, machinery and appliances, transportation equipment,
apparel, food products, glass, leather, pottery.
Subd. 5. Structures in excess of 45 feet in height.
Subd. 6. Meat or fish packing.
Subd. 7. Rock crushing or gravel work.
Subd. 8. Concrete and Ready -mix plants.
Subd. 9. Foundry, forge, casting, metal products.
826.67 . Lot Area, Height, Lot Width, and Yard Requirements.
Subd. 1. No building shall exceed 30 feet in height.
Subd. 2. The following minimum requirements shall be observed, subject
to additional requirements, exceptions and modifications, set forth in other sections
of this ordinance:
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(a) Minimum Lot Area: 1 Acre
(b) Front setback: 50 feet
(c) Side and rear setback: 38
7
2
0 feet
Subd. 3. No use may exceed a sanitary sewer usage rate of 750 gallons per
day per net acre of land. For purposes of this subdivision, net acres equals the
total area of the lot, minus wetlands and open water. The city may require such
documentation and testing as it deems appropriate in order to ensure compliance with
these standards.
Subd. 4. Minimum cctback from side or rear yard setback from any
residential district apea: 75 feet
......................
Subd. 5. Design shall include adequate internal streets not less than 22
feet wide exclusive of required parking.
Subd. 6. Curb cuts shall not exceed 24 feet in width.
Subd. 7. The entire area shall be landscaped, occupied by building or
parking areas so treated as to control dust. Should the development be undertaken
in stages, all of the area required to conform to that portion undertaken shall be
developed to meet the preceding requirements.
Subd. 8. A drainage plan shall be designed and approved for the area with
such on -site construction as determined necessary by the City Engineer to
adequately handle all drainage.
SECTION II:
This ordinance shall become effective upon its adoption and publication.
Adopted by the City Council of the City of Medina this 2nd day of April ,
1996.
Anne E. Theis, Mayor
ATTEST:
JE&F� l rlson, Clerk -Treasurer
Published in the Weekly News this 25 day of
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April
, 1996.
Member John Ferris introduced the following resolution and moved its adoption:
CITY OF MEDINA
RESOLUTION NO. 96-15
RESOLUTION AUTHORIZING PUBLICATION OF
ORDINANCE NO. 289 BY TITLE AND SUMMARY
WHEREAS, the City Council of the City of Medina has adopted Ordinance No. 289, an
amendment of sections 826.51, 826.57, 826.63 and 826.670 of the city's zoning ordinance
regarding side yard setbacks in the urban and rural commercial and industrial districts; and
WHEREAS, the amendments to the above sections is 8 pages in length; and
WHEREAS, Minnesota Statutes, section 412.191, subd. 4, allows publication by title and
summary in the case of lengthy ordinances or those containing charts or maps; and
WHEREAS, the city council believes that the following summary would clearly inform
the public of the intent and effect of the amended zoning ordinance.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Medina that
the city clerk -treasurer shall cause the following summary of Ordinance No. 289 to be published
in the official newspaper in lieu of the entire ordinance:
Public Notice
The city council of the City of Medina has adopted Ordinance No. 289. The ordinance
amends the city's zoning ordinance to require a side yard setback of 30 feet in the rural
commercial and industrial districts. The side yard setback in the urban commercial and industrial
districts is amended to 20 feet. In addition, the ordinance clarifies that the side and rear yard
setbacks are extended to 75 feet whenever the adjacent property is located within a residential
district. The full text of Ordinance No: 289 is available for review at Medina city hall during
regular business hours.
Jeffr
arts , Clerk -Treasurer
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BE IT FURTHER RESOLVED by the City Council of the City of Medina that the city
clerk -treasurer keep a copy of the ordinance in his office at city hall for public inspection and
that he post a full copy of the ordinance in a public place within the City.
Dated: April 16 , 1996.
ATTEST:
J
arl . n, C erl k-Tr�urer
so,„,,, -Jf-,,,r„)
Anne E. Theis, Mayor
The motion for the adoption of the foregoing resolution was duly seconded by member and upon
seconded by member Ann Thies.
vote being taken thereon, the following voted in favor thereof:
Ferris, Jim Johnson, Thies, Phil Zietlow and Mayor Anne Theis.
and the following voted against same: None.
Whereupon said resolution was declared duly passed and adopted.
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