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HomeMy Public PortalAbout337CITY OF MEDINA ORDINANCE NO.337 AN ORDINANCE ADDING SECTION 835 ET SEQ. TO THE CODE OF ORDINANCES ESTABLISHING A RURAL COMMERCIAL HOLDING ZONING DISTRICT THE CITY COUNCIL OF THE CITY OF MEDINA, MINNESOTA ORDAINS: Section I. A new Section 835 et seq. RURAL COMMERCIAL HOLDING ZONING DISTRICT is hereby added to the Medina Code of Ordinances as follows: Section 835.01. Purpose -The purpose of this district is to provide a zoning district which is consistent with the area guided for commercial reserve in the city's comprehensive plan. The rural commercial holding zone includes areas of the community lying outside of the area in which urban services are currently available to commercial uses but which will be added to the urban service area in the future. Section 835.02. Permitted Uses. Within the Rural Commercial Holding District the following uses shall be permitted, subject to site plan approval: 1. Park and Open Space 2. Office 3. Secretarial and Word Processing Services 4. Banks and Financial Institutions 5. Medical Offices 6. Interior Decorating Studio 7. Dance Studio 8. Locksmith 9. Museums and Cultural Centers 10. Post Office 11. Public Buildings 12. Electronic Shopping and Mail -Order Houses, but not to exceed 10,000 square feet 13. Agricultural Use, but not including the growing or production of livestock, livestock products or aquaculture. 14. The Following Retail Stores and Retail Service Shops, but not to exceed 10,000 square feet of floor area and which are open only during the hours between 6AM and IOPM: (a) Motor Vehicle and Parts Dealers (b) Furniture and Home Furnishings Stores (c) Electronics and Appliance Stores (d) Building Material and Garden Equipment and Supplies Dealers (e) Food and Beverage Stores (0 Video Store (g) Health and Personal Care Stores (h) Clothing and Clothing Accessories Stores RHB-197052v3 ME230-5 1 Ordinance 337 June 19, 2001 (i) Barber Shop and Beauty Shop (j) Hair, Nail, and Skin Care Services (k) Footwear and Leather Goods Repair (1) Other Personal and Household Goods Repair and Maintenance (Tailor Shop) (m) Sporting Goods, Hobby, Book, and Music Stores (n) General Merchandise Stores (o) Department Stores (p) Warehouse Clubs and Superstores (q) Florists (r) Office Supplies, Stationery, and Gift Stores (s) Used Merchandise Stores (t) Pet Supply Stores (u) Art Dealers (v) Tobacco Stores (w) Funeral Home and Funeral Services Section 835.03. Conditional Uses. Within the Rural Commercial Holding District, no structure or land shall be used for the following uses except by conditional use permit. 1. Retail Stores and Retail Service Shops listed as permitted uses, but which are over 10,000 square feet of floor area and/or which are open after 10 PM or before 6 AM 2. Animal Hospital (Veterinary Clinic) 3. Auto Body or Repair Shop 4. Tire and Battery Shops 5. Clubs and Lodges 6. Parcel Delivery 7. Transit Station 8. Automotive Service Station (motor fuel stations) - without a car wash 9. Drive -In and Drive-Thru (other) 10. Oil and Lubrication Service Shops 11. Day Nursery and Day Care 12. Auto and Marine Sales (indoors only) 13. Printing and Publishing 14. Electronic Shopping and Mail -Order Houses over 10,000 square feet 15. Wholesale business 16. Warehousing 17. Television and Radio Station 18. Off -Sale Liquor Store 19. Telecommunications tower as defined in the section 828.75 of the Medina code of ordinances 20. Essential Services 21. Building contractors or subcontractors 22. Lawn and snow contractor 23. Towing 24. Extermination and pest control 25. Outdoor Recreation Facilities RHB-197052v3 ME230-5 2 Ordinance 337 June 19, 2001 26. Driving Ranges 27. Golf Courses 28. Distributor 29. Manufacturing and assembly of the following light industrial products excluding: metal plating; teflon coating or similar plating or coatings requiring high temperatures; the use of heavy or other drop forges or heavy or other hydraulic surges or devices capable of detection (vibration)at the property line.1 Manufacturing of the following are included: (a) Cut and sew apparel (b) Apparel accessories and other apparel (c) Footwear (d) Other leather and allied products (but not including tanning) (e) Computer and electronic products (f) Printing and other related support activities (g) Communications equipment (h) Audio and video equipment (i) Semiconductor and other electronic components (j) Navigational, measuring, electromedical, and control instruments (k) Manufacturing and reproducing magnetic and optical media (1) Household appliances (m) Jewelry, silverware, and hollowware (n) Jewelers' material and lapidary work (o) Dolls, toys, and games (p) Office supplies (except paper manufacturing) (q) Metal stamping (r) Mattresses (s) Metal valves (t) Architectural and structural metals (u) Soaps and cleaners (v) Hot stamping plastic packaging (w) Machining (x) Hydraulic hose (y) Medical equipment (z) Museum displays Section 835.04. Accessory Uses. Within the Rural Commercial Holding District the following accessory uses shall be allowed: 1. Off -Street Parking and Loading 2. Transit Stop /Station 3. Drive in Bank, provided approved by a conditional use 1 Uses listed in this subsection are selectively taken from the North American Industry Classification System (NAICS). Uses not included or worded differently were intentionally done so because they are not consistent with the purpose of this district, were deemed not to be appropriate for inclusion, or needed to be worded differently to meet the City's needs. RHB-197052v3 ME230-5 3 Ordinance 337 June 19, 2001 Section 835.05. Lot, Setbacks, Building Size Requirements and Sanitary Sewer Usage Rate. The following minimum requirements shall be observed, subject to additional requirements, exceptions and modifications set forth in other sections of this ordinance. Subd. 1. Lot of Record: A lot of record containing at least 1 acre and which existed on or before December 31, 1999 shall be considered buildable without requiring a variance provided all other provisions of the ordinance are met. Subd. 2 Minimum Lot Area: 5 acres of contiguous soils suitable for a standard individual on - site sewage disposal system. Subd. 3. Minimum Lot Width: 110 feet. Subd. 4. Minimum Lot Depth: 200 feet. Subd. 5. Minimum Front Yard Setback: 50 feet, but at least 75 feet from any residential district. Subd. 6. Minimum Side Yard Setback: 20 feet, but at least 75 feet from any residential district. Subd. 7. Minimum Rear Yard Setback: 40 feet, but at least 75 feet from any residential district. Subd. 8. Corner Lots: Corner Lots shall have a front yard setback adjacent to all abutting streets. Subd. 9. Minimum Wetland Setback: 25 feet for a wetland less than 1 acre and 50 feet for a wetland greater than 1 acre, which setback shall be kept in natural vegetation and shall not be a mowed and/or fertilized lawn. Subd. 10. Commercial to Commercial Parking Lot Setback: (a) Front Yard: Parking is allowed to encroach the front yard setback except for the 25 feet adjacent to the front lot line. (b) Side and Rear Yards: Parking is allowed to encroach into the side and rear yard setbacks except for the first five feet adjacent to the lot line. (c) To accommodate shared or joint use of a parking lot which straddles a common lot line between adjoining properties, the owners of such lots may submit a parking plan to construct a shared parking area. In such instance, the adjoining yard setback requirements may be waived if the parking lot otherwise meets the requirements of the ordinance. Subd. 11. Commercial to Residential Parking Lot Setback: The parking lot is allowed to encroach into the front, side, and rear yard setbacks except for the 25 feet adjacent to the lot line if the parking is buffered from the adjoining residential zone such that there is no line of sight between the vehicles in the encroachment zone and the main floor of the residences. RHB- I97052v3 ME230-5 4 Ordinance 337 June 19, 2001 Subd. 12. Limitations on Setbacks: No required front yard, side yard, rear yard and wetland setback or other required setbacks shall be used for building, or other use. No impervious surface shall be located in any required setback except for approved driveways, parking lot, walks, and trails approved by the City. When setback provisions overlap, the most restrictive provision of both setbacks applies. Subd. 13. Building Height: No building shall exceed 21 stories or 30 feet in height. Subd. 14. Sanitary Sewer Usage Rate: 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 soils suitable for a standard on -site sewage disposal system on any site may be disturbed or covered by hard surfaces. For purposes of this subdivision, a hard surface includes 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, including requiring the installation and maintenance of a water meter to measure daily maximum use. Section 835.06. Connection to Sanitary Sewer When Available. Property within the Rural Commercial Holding District is intended for eventual inclusion within the area served by municipal urban services. All lots served by an individual on -site sewage disposal system must be connected to sanitary sewer and the individual on -site sewage disposal system properly abandoned when there is a change in the use of the property, a failure of the individual on -site sewage disposal system or within one year of the date sanitary sewer becomes available to the lot, whichever occurs first. Section 835.07. Design and Development Standards. Design and development standards are established for this district to achieve a high standard of development by providing assurance that land uses, buildings, and functions are compatible within the district and with adjacent districts. The plans and the proposed use of a property shall conform to the design and development standards prior to approval of any permit. The applicant or owner shall supply data necessary to demonstrate such conformance. The design and development standards for the Rural Commercial Holding District are the same as those specified for the Urban Commercial District in Section 831.07 of the Code of Ordinances, except that 10 feet of landscaping shall be provided adjacent to the building except for walks, plazas, and approved loading docks. Additionally, the specific use standards found in section 831.07 Subd. 2, Subd. 3, and Subd 4 relate only to those uses as listed in sections 835.02, 835.03 and 835.04. Section 835.07. Review and Approval Process Subd. 1. Minor changes involving permitted uses The following changes may be approved by city staff upon a written finding and filing with the property file that the proposal meets the requirements of the district. RHB-197052v3 ME230-5 5 Ordinance 337 June 19, 2001 a) Change in the use of the property, if the use is less intense and a more restrictive use. b) Expansion of an existing building by less than 1,000 square feet of floor area in a single year. c) Changes of less than 10,000 square feet to the exterior walls or surface of the building. d) Expansion of the parking lot by less than 10 spaces or less than 2,400 square feet, whichever is less. e) Outdoor lighting changes involving 2 or fewer light poles without changing the type of lighting. f) Changing the topography involving less than 1 foot in elevation or less than 24,000 square feet of lot area. g) An addition to exposed rooftop equipment if the addition is less than 64 cubic feet. Subd. 2. Minor Changes Involving Conditional Use. The following changes may be approved by city staff upon a written finding and filing with the property file that the proposal meets the requirements of the district: a) Change in the use of the property if the use is less intense and a more restrictive use. b) Expansion of an existing building by less than 1000 square feet of floor area within a single year. c) Changes to less than 5,000 square feet of the exterior wall or surface of the building. d) Expansion of the parking lot by fewer than 5 spaces or 1000 square feet, whichever is less. e) Outdoor lighting changes involving 2 or fewer light poles without changing the type of lighting. f) Changing the topography involving less than 1 foot in elevation or less than 10,000 square feet of lot area. g) An addition to exposed rooftop equipment if the addition is less than 64 cubic feet. Subd. 3. Any person aggrieved by a decision of the city staff under this section may appeal to the city council. Appeals must be submitted in writing and must be received by the city staff within 30 days of the date the staffs written report is filed. The city council shall decide an appeal within 60 days of the date of receipt of the appeal. Subd. 4. Site Plan Review Procedure. All changes other than minor changes under subd. 1 shall be reviewed pursuant to the site plan review procedures specified elsewhere in this ordinance. RHB-197052v3 ME230-5 6 Ordinance 337 June 19, 2001 Subd. 5. Conditional Uses. Conditional uses and any changes to conditional uses other than minor changes under subd. 2 shall follow the conditional use permit procedures specific elsewhere in this ordinance. Section II. Effective Date. This ordinance shall take effect and be enforced upon passage and publication of its summary. Passed and adopted on the 19th of June, 2001, by the Medina City Council, City of Medina. • ri&742 John B. Ferris, Mayor Paul Robinson, City Clerk -Treasurer Published on the 26th day of June, 2001, in the Lakeshore Weekly News. RHB-197052v3 ME230-5 7 Ordinance 337 June 19, 2001